USA > Kansas > Reno County > History of Reno County, Kansas; its people, industries and institutions, Vol I > Part 12
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In 1891 J. H. Fountain received 742 votes from the second district for
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commissioner, G. M. Zimmerman, 606 and John Parker, 304 votes. Mr. Fountain served one term. In 1892 the race was a very close one between W. K. Noland and William Patten. Noland received 1,150 votes and Patten 1,135 votes. Noland served but one term. He was elected as a Populist, but turned Republican while on the board. AAt that time the county printing was a prize much sought for. The Populist paper had the patronage for the first year of Noland's incumbency. But the Republican paper induced Noland to change and vote for them. Noland likewise, dur- ing his official term, changed his vote on the Haven Angling road case. At the first presentation of the case, Noland held the balance of power on the board of commissioners and voted then to keep the Angling road open. Later when the road case came up again, Noland voted to close the road. Noland did not ask for re-election, but shortly after his term of office expired he left the county.
In 1893 W. P. D. Fleming was elected for the fourth term as commis- sioner from the first district. He received 817 votes and his competitor, C. M. Mulkey, 556 votes. In 1894 D. M. McElwain was elected from the second district, receiving 1,008 votes, as against 963 votes for W. D. Ken- nedy. In 1895 I. Rutledge, of Arlington, was chosen commissioner from the third district. He received 904 votes, M. G. Hackler 748 votes, and E. S. Ping, 61 votes. Rutledge was re-elected in 1898 by the small majority of 3 votes, Rutledge got 892 votes and his Democratic competitor, Leeds, 889 votes. In 1896 H. Miskimen was elected over J. M. Brehm, the former receiving 1,100, the latter 760 votes. In 1897, in the second district, J. F. McMurray got 753 votes and John Myers, 919 votes. Mr. Myers was re- clected in 1900, receiving 1,180 votes to 1,089 that his competitor, A. J. Tyler, of Haven, received. In 1899 T. F. Leidigh was chosen commis- sioner from the first district. In 1901 M. F. Bain received 899 votes in the third. or "west" district. to 660 cast for Henry Thompson. Mr. Bain was re-elected in 1904. In 1902 there were four candidates for commis- sioner in Hutchinson, H. C. Barrett getting 1, 115 votes: J. E. Fowler 487 votes, S. N. Parker 37 votes and A. S. Lech, 89 votes. Mr. Barrett was a candidate again in 1900, but he was beaten by Fay Smith, the vote stand- ing. Smith, 1,014: Barrett, 989.
CHANGE IN THE ELECTION LAWS.
About that time the election laws were changed by the Legislature. and by reason of this change the election of part of the county officers took
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place each year, so that the elections would be held every two years. This makes two county commissioners' election in one year, instead of one being elected each year. As a result, in 1908, there were commissioners to elect in the second and third districts. In the second district the two candidates were J. M. Bush and J. F. McMurray, the former receiving 1.312 votes and the latter, 1,019 votes. In the third district M !. F. Bain received 1. 195 votes as against L. G. Bradshaw's 1,100 votes. In 19to the city district No. 1, had a close race between J. Q. Patten and Fay Smith, the latter being elected, receiving 1,335 votes to Patten's 1.246 votes. J. M. Bush and A. J. Hill were candidates from the second district. J. M. Bush was continued in office, getting 1, 182 votes and Hill 1.051 votes. In the west district Peter Deck received 1,086 votes and J. F. Justice, 1,050 votes. Deck was re-elected in 1916, receiving 1.720 votes to 1,694 votes for C. L. Dodd. At the last election for county commissioners in Hutchinson in 1914 there were three candidates. J. L. Ball received 2,398 votes: Fay Smith, 1,967, and H. M. Payne, 925. In 1916 the election in the second distriet was an interesting race, there being an "independent" candidate- Rodney Elward. The successful candidate was H. J. Astle. of Haven, who received 1.383 votes. Elward received 1, 189 votes and T. C. Potter, 1,007: so the board of county commissioners at the present time stand: J. L. Ball, first district: H. J. Astle, second district, and Peter Deck, third dis- trict.
PIONEER OFFICIALS LACKED "VISION."
In a general way the county commissioners, as the financial agents of Reno county, have exercised average business judgment in the conduct of the affairs of the county. In the early days it was a question of getting the money with which to do the business of the county, but the men who transacted the business of the county should not be judged by the standard of today. by the development of the present time. They were doing the county's business for the average man, who less, perhaps than the commissioner of his day, saw in the future the great development of the county's resources : men who never dreamed that farm values would double time and time again : who thought that the villages of that day would never be more than villages, and who thought that cities would never take the place of those county villages. With no dream of the future, they planned accordingly. They built as the average man would have built. For instance, when the present court house was built, it was thought that it would meet the demands of the county for generations. Less than twenty years have come and
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gone : some of the men holding offices of the county at that time are still running for office, and the court house is even now far below the require- ments of the time. They considered then that the county superintendent of public instruction needed but one small room for an office. They never thought in their life time that a larger one would ever be needed. Now. when anything more than an average day brings people to that office on school business, they must stand around in the corridors of the building and await their turn. One small office then was considered all that would be needed for generations to come. The county clerk's vault room is filled and books of record of the greatest value must be put down in the basement for lack of vault room. All over the court house, the inadequateness of the building, for even the present, testifies to the smallness of the vision of the men who voted the taxes for the building.
In bridge building, temporary structures were considered ample. Wooden culverts were put in, to rot and be replaced a half dozen times; wooden bridges built, to be torn down and cement structures erected in their place, the kind that should have been constructed in the beginning. Temporary work done on roads, ample for that day, but absolutely inade- quate for the tonnage of today, when the demand for better highways is incessant. No man of commanding force opposed them to show the peo- ple that a corporation like Reno county, one that would last for hundreds of years, one that in fact has a perpetual existence, should not build as individuals build, should not put up temporary structures. but should build with a view of the demands of the future. They need not have paid for their improvements-they should have extended that indebtedness over long years of time -- that those of the future might help pay for the development of the county.
Instead of that the temporary means were adopted, and Reno county will soon be compelled to rebuild her court house, some of her bridges and her roads and the man who will arise and show the taxpayer the wisdom of the greater view. the economy of permanent improvements, will be the man the future taxpayer of Reno county will want to do honor to.
The selection of H. J. Astle, of Haven township, is one of two instances of the son succeeding to the work of his father. In 1873 William Astle. the father of H. J. Astle, was chosen county commissioner of Reno county. He resided in Haven township and from this township forty-two years later came his son as county commissioner. The only other similar instance in Reno county history is the election of Harry Ragland to the office of register of deeds, which office had been held by his father.
CHAPTER XV.
PROBATE JUDGES OF RENO COUNTY.
In many respects the office of probate judge is the most important office in the county. So far as the title to real estate is concerned alone, it is a most important office; for, sooner or later, the title to every piece of real estate will have to go through the probate court. In addition, the care of estates of minors requires this office to be held in the highest regard, that the rights of these minors, who are unable to protect themselves, may receive the greatest degree of care from this court.
In recent years an added burden has been placed on this court, the care of the delinquents and juveniles who have no proper care at their homes. This calls for a degree of patience and insight into the ways of these weaker members of society that requires the highest intelligence and discernment.
In order to show the growth of this office and to indicate its import- ance, a comparison will be made of the eight principal activities of the pro- bate judge's office, namely: Insane cases, foreign wills, domestic wills, adoption proceedings, administrator appointments, juvenile cases, marriage licenses and foreign and resident guardian's appointments.
There have been two hundred and seventy-two insane cases tried in the probate court since the establishment of the court. For convenience, the comparisons will be made in ten-year periods, which gives four periods, with the balance of the four years which covers the time of the present probate judge, Charles S. Fulton. These ten-year periods show the extent of the working of the office and the growth that has taken place in the last four years.
For the period of 1872 to 1882, there were thirty-one cases of insanity hearings recorded in the probate judge's office. The files are incomplete for the last eight years, and no files are found in the records of any nature for the first two years of the office, consequently for the first two years no estimate can be made of the insane cases tried in this county, if there were any. For the period of ten years from 1883 to 1892, inclusive, there were fifty-five insane hearings in the probate court. In the period from 1892 to 1902, inclusive, there were forty such cases tried in this court. From 1903
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to 1912, inclusive, the number of such cases tried numbered eighty-seven. For the last four years, from 1912 to 1916, fifty-nine cases of insanity have been heard and disposed of by this court. In the ten-year period prior to the last four-year period, the average has been a little less than six cases of insanity a year for the court's consideration, while during the past four years the average has been almost twenty cases per year.
FOREIGN WILLS AND GUARDIANSHIPS.
During the county's existence there have been filed with the probate court two hundred and fifty-eight foreign wills. There has not been much of a variance from one period of ten years with another similar period. The foreign wills filed have averaged slightly over six wills of this kind a year. In the period from 1893 to 1902, inclusive, a somewhat larger number of foreign wills were probated in Reno county. The record of this class of business is as follows :
From 1874 to 1880, no foreign will files found in the court records : from 1880 to 1882, inclusive, eleven foreign wills filed: from 1883 to 1893. inclusive, sixty-two foreign wills filed : from 1893 to 1902, inclusive, eighty- one foreign wills filed: from 1903 to 1912, inclusive, seventy-four foreign wills filed; from 1913 to 1916, inclusive, twenty-nine foreign wills filed.
It is impossible to give the amount of property involved in these cases. because the probate court of this county had but little knowledge of the estates involved, the instruments being filed in this county because of the existence of some property in this county that was covered by the wills filed. In many cases the probate court has no means of knowing what the value of the property is, as no inventory is filed with the will. Whether there were any foreign wills filed in this county from 1874 to 1880 can not now be determined, as there is no record of any such wills, if any were filed.
During the history of this county there have been one thousand and sixty-four foreign and resident guardians appointed by the probate court. In this, as well as other departments of this office, the early records are very deficient. The case files are so deficient that about all that can now be ascertained is the number of guardians appointed. The records that now exist show that there were ninety-one guardians appointed from 1874 to 1882.
From 1883 to 1892, inclusive, there were two hundred and twenty- seven appointments of guardians made. From 1893 to 1902, inclusive. there were two hundred and seventy-four guardians appointed. From 1903
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to 1912, inclusive, there were three hundred and twenty such appointments made. In this latter period there were a few more than thirty-five appoint ments, on an average, made per year. In the last four years, from 1913 to 1916, there were one hundred and forty-two guardians appointed, increas- ing the average to about thirty-seven appointments a year.
APPOINTMENT OF ADMINISTRATORS.
During the forty-four years of Reno county's organization there have been nine hundred and twenty-six administrators appointed by the probate court. The early records disclose sixty-eight appointments, with very deficient files from 1874 to 1882. From 1883 to 1892, inclusive there were one hundred and ninety-nine appointments made. From 1893 to 1902 the court appointed two hundred and twenty-five administrators. From 1903 to 1912. inclusive, there were three hundred and five appointments made. From 1913 to 1916, inclusive, there were one hundred and twenty-nine adminis- trators appointed. The increase has been, in the last four years, about three more administrators of estates by this court per year than in the ten-year period previous.
DEPARTMENT OF DOMESTIC WILLS.
The probate court of this county has acted on four hundred and thirty- three domestic wills during the existence of the court. The records prior to 1884 are found to be in such a shape, so indefinite and incomplete as to the number of wills probated, scattering and without dates as to filing, so that it is impossible to give the number of wills filed in this court during that period.
From 1884 to 1892, inclusive, a period of nine years, fifty-six wills were filed for probation. From 1893 to 1902, inclusive, there were seventy wills probated. From 1903 to 1912, inclusive, there were one hundred and ninety-two wills probated. From 1913 to 1916, inclusive, one hundred and fifteen wills were probated. The number of wills filed in the last four years averages twenty-nine wills a year. For the ten-year period previous the number averaged nineteen. For the ten years from 1893 to 1902 the aver- age number of wills filed each year was seven, and for the nine-year period of which the records are obtainable there were six wills filed annually. The number of wills filed has gradually increased as property values have increased, and there will be a gradual increase as the county develops and
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larger estates are to be distributed. The value of the property that passes under the care of this court has been estimated by the officers of the court for the last four years. It' has been computed that at least one million dol- lars of value in real estate a year for the last four years is covered by the wills filed for probate. The valuation will increase year by year, as the prop- erty value of the county increases. Not only the property covered by the new wills filed will increase in value, but wills filed in former years that have not been closed up, show great increase of property values.
There is in this court one case of a guardianship that covered a period of seventeen years. The property left to the minor heirs was of compara- tively small value when the guardian was appointed, but by constant care the estate left to the heir at the end of the seventeen years of guardianship. was a very valuable one.
ADOPTION CASES AND JUVENILE COURT WORK.
There have been a total of one hundred and sixty-two adoption pro- ceedings filed in the probate court of Reno county. Prior to 1887 no regu- lar records were kept of the juvenile cases tried before this court. In some of the cases there is no record other than the name, so no accurate record prior to 1887 can be given.
From 1887 to 1893, inclusive, a period of seven years, there were thirty-four adoption cases handled by this court. From 1893 to 1902, a period of ten years, there were thirty-six adoption cases. From 1903 to 1913. there were fifty-one such cases, and from 1913 to 1916 there were forty-one adoptions. It will be seen that the adoptions at the present time maintain an average of ten a year : for the previous ten years, five adoptions a year, and a similar proportion in the years preceding, since the records of this part of the probate court's work has been kept.
One of the most exacting duties, one that calls for patience. judgment. sympathy and kindness, is dealing with the juvenile court work. This work is the care of the boys and girls who for various causes have been consid- ered incorrigible by the schools, or boys and girls whom their parents are unable to control, the latter thus appealing to the probate court for assist- ance. It embraces likewise the attention of the youthful criminals, and the record of cases filed indicates only a small per cent. of this work that the court has to do. Hundreds of cases are handled by the probation officer, under the direction of the court, and settled satisfactorily out of court with- out expense to the county for court costs of witness fees. Fully ninety per
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cent. of the juvenile cases are not recorded. This court kept no regular docket for juvenile cases prior to 1904. From 1904 to 1912, inclusive, a period of nine years, one hundred and fifty-five juvenile cases were consid- ered by the probate court of Reno county, while one hundred and forty-two cases have been handled in the last four years, making a total of two hun -. dred and ninety-seven cases of this kind on the records of the probate court.
COMPLETE RECORD OF MARRIAGE LICENSES.
There is one record of the probate court that is complete through all of the terms of the various probate judges. This is the record of marriage licenses issued. From 1872 to 1882 there were eight hundred and eighty- nine licenses issued: from 1883 to 1892, 2,318 licenses were issued; from 1893 to 1902, 2,660 licenses were issued : from 1903 to 1912. 3.910 licenses were issued, and from 1913 to 1916. 1.853 licenses were issued, or a total since the organization of the county of 11,630 licenses.
LIST OF PROBATE JUDGES.
There have been ten different men elected as probate judge of Reno county. One of them served one term, another only a part of a term, two of them served two terms each, three of them served three terms each, one of the latter serving one additional term at a later priod. One of them, Har- vey Eisminger, served only a part of the term for which he was elected. resigning his office before he had served a year. W. W. Updegraff was the first probate judge of the county. He was elected without opposition. He was not a candidate for re-election. In 1874 G. V. Ricksecker was a can- didate, and likewise L. S. Shields. Ricksecker received 374 votes and Shields 304 votes. Ricksecker was a candidate again in 1876. His oppon- ent was W. B. Brown. Ricksecker received 235 votes and Brown Ht9 votes. Ricksecker was a candidate for a third term, receiving 1,245 votes, and C. W. Peckham, his opponent, received 430 votes. In 1880 S. B. Zimmerman was the Republican candidate and W. 1. Rose his opponent. In 1882 Zim- merman was again a candidate. He had two opponents, I. N. Phillips and L. S. Shields. In the contest Zimmerman polled 1,262 votes, Phillips -818 votes and Shields 132 votes. In 1884 Zimmerman was a candidate again. George Barclay was a candidate on the Democratic ticket. Zimmerman received 1,937 votes and Barclay 1.493 votes. In 1886 S. A. Atwood was the successful candidate. He polled 1,899 votes, George Barclay 1.114
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votes and F. R. Chrisman 338 votes. Atwood was elected again for the term beginning in 1888, he receiving 3.562 votes, Thomas Smith polling 705 votes and S. B. Presby 221 votes. In 1890 a revolution in politics put the Republican party out of power. R. A. Campbell, the Republican candi- date for probate judge, was beaten by Harvey Eisminger. Campbell received 2.411 votes and Eisminger 2.975. Eisminger served but a short time. resigning. J. A. Fontron was appointed to fill the unexpired term. In 1892 there were four candidates, J. A. Fontron, T. J. Bowser. W. M. Ingham and G. V. Ricksecker. J. A. Fontron was elected, receiving 2,281 votes, Bowser 2,066 votes, Ingham 425 votes and Ricksecker 231 votes.
In 1894 Fontron was re-elected. His Democratic opponent was R. J. Cannell. Fontron polled 3.266 votes and Cannell 2,440 votes. In 1896 James MI. Stewart was the Republican nominee and C. W. Oswald the Dem- ocratie candidate. Stewart received 3.252 votes and Oswald 3.085 votes. Stewart was re-elected in 1898. His opponent that year was Fred Thorp. of Haven. Stewart polled 2.976 votes and Thorp 2,450 votes. In 1900 R. A. Campbell was the Republican nominee and B. E. Kaufman the Demo- cratic nominee. Campbell was elected. receiving 3.738 votes and Kaufman 2,827 votes. Campbell was re-elected in 1902. He had three opponents, W. J. Olmstead. Henry Wilson and T. J. Anderson. Campbell received 3.291 votes, Olmstead 1,840 votes, Wilson 68 votes and Anderson 130 votes.
In 1906 G. V. Ricksecker received 3.318 votes and J. H. Gresham 2.326 votes. In 1908 R. A. Campbell, a Republican, was defeated by J. M. Jor- dan. a Democrat. Campbell polled 3.404 votes and Jordan 4,210 votes. Jordan was re-elected in 1910. His Republican opponent was Ed. L. Teed. Jordan received 3.846 votes and Teed 2,858 votes. In 1912 Charles S. Fulton was the Republican candidate and J. R. Beeching the Democratic nominee. Fulton received 4,298 votes and Beeching 3.027 votes. Mr. Ful- ton was re-elected in 1914 without opposition, receiving 9,271 votes. He was a candidate again in 1916. He had two opponents, W. C. Hutchinson and O. B. Burkett. Fulton received 8.905 votes, Hutchinson 4,745 votes and Burkett 570 votes.
COURT PROPERLY COMPLIMENTED.
During the administration of Judge Fulton, the office of probate judge has been brought up to the highest degree of accuracy and completeness. Lawyers from other states practicing in the court comment on the orderly condition in which they find all of the records and on the pleasure they find
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in practicing in this court. Judge Fulton has an able assistant in .A. L. Lander, who has charge of the juvenile work, and the painstaking care with which Judge Fulton and Mr. Lander handle this office is shown in the order- ly condition of all the records of that office. Judge Fulton is recognized as one of the ablest probate judges in the state and real estate titles that have passed through his office receive no criticism from attorneys who pass on such titles for loan companies.
CHAPTER XVI.
CLERKS OF THE DISTRICT COURT.
Reno county has had eleven different clerks of the district court. For some reason that cannot now be ascertained, the tenure of service of this office has been longer than in other offices. Some of the county offices are limited by statute to two terms. No such limitation is imposed by law on this office, and it has escaped the popular limit of time set for one man to hold the office to two terms. Four years has been the accustomed limit of the holding of a county office. but the office of clerk of the court has had two exceptions. The first was Edward S. Handy, who was first elected in 1876 to this office. He served six years. He was not a candidate for the fourth term. His successor was John B. Vincent, who was elected for three successive terms; but he took his pitcher to the well once too often and the fourth time he was a candidate he was beaten and that, too, by a compara- tively unknown man, and by a majority half as large as he was accustomed to receive in his campaigns.
RECEIVED ALL VOTES CAST.
The first clerk of the district court was Harry Hodson. He, with the other candidates. received all the votes cast, as there was but one ticket in the field at this election. In 1876 E. S. Handy was the Republican candi- date for this office. F. R. Chrisman was the Democratic candidate. Handy received 238 votes and Chrisman 117. 'In 1878 Mr. Handy was the Repub- lican candidate again, receiving 1,242 votes and J. F. Dunkin, the Demo- cratic nominee. got 431 votes. This vote indicates a large increase in Re- publican votes. There were a great many Union soldiers settled in Reno county from 1874 to 1880. They were generally Republicans in politics. While the Democratic party increased its vote, the increase was not as rapid as the Republican vote. Another matter that helped increase Mr. Handy's vote was his personal popularity. He was a very pleasant man to deal with and persons dealing with his office, although of opposite political faith, were constrained to vote for Mr. Handy. While the "two-term" idea had started
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