USA > Kansas > Kansas; a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc. with a supplementary volume devoted to selected personal history and reminiscence, Voilume I > Part 26
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But aside from the claim of error in the state line, caused by the shifting of the mouth of the Kansas river, the boundary formed by the Missouri river along the northeastern part of the State of Kansas, has long been a matter of dispute. Gov. Martin, in his message to the legislature of 1885, called attention to the boundary question as fol- lows:
"Our eastern boundary is defined in the organic act, the act of ad- mission, and in our state constitution, as the western boundary of the State of Missouri. The location of that line from the mouth of the Kansas river to the north line of the state, is not definitely understood by our people nor by the inhabitants of Missouri. By the treaties be- tween the United States and the Sacs and Foxes, the act of Congress of June 7, 1836, and the executive proclamation of March 28, 1837, it appears that the 'Platte Purchase' extended only to the Missouri river, and embraced only the territory lying between that river and the orig- inal boundary of the State of Missouri. Under the generally accepted rules of construction, our eastern line therefore extends to the left, or eastern bank, of the Missouri river, and at low water that stream lies wholly within this state. On account of the rightful taxation of the several great bridges which span the river, the jurisdiction of the courts,
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the service of civil and criminal process, on the river and on the bridges spanning it, the sovereignty over islands, and for other reasons that will suggest themselves, it is important that this line be definitely and generally understood, at as early a day as practicable. I recommend the reference of the question to the attorney-general for the suggestion of such action as shall be thought proper."
No action was taken by the legislature upon the governor's recom- mendation, probably for the reason that the members of the assembly felt the subject to be a rightful one for Congressional consideration. Federal Judge Dillon, in the case of Doniphan county vs. the St. Joseph Bridge company, decided that the boundary was at the middle of the channel of the Missouri river, and this only added to the confusion. On March 1, 1910, Congressman Charles F. Booher of Missouri intro- duced in the national house of representatives a resolution "to en- able the states of Missouri and Kansas to agree upon a boundary line, and to determine the jurisdiction of crimes committed upon the Missouri river and adjacent territory." The resolution was favorably reported by the committee on judiciary on the 29th of the same month, passed the house on April 18, the senate on May 26, and was signed by the president on June 7, thus giving the two states all the authority necessary for the adjustment of this vital question.
Bounties .- For many years after Kansas was organized as a ter- ritory and the lands thrown open to settlement, the pioneers suffered severely through the depredations of wild beasts upon their flocks and herds and the destruction of vegetation or young orchards by rodents. As early as 1869 some of the counties were authorized to offer a bounty or premium on wolf scalps, but no general legislation on the subject was passed until the act of March 6, 1877, which empowered county commissioners to pay $1 for the scalp of each wolf, coyote, wild-cat or fox killed within the county, and five cents for each rabbit. By the act of Feb. 19, 1885, the premium on wolf, coyote, wild-cat and fox scalps was raised to $5 each, and by the act of March 6, 1895, Wallace county was authorized to offer a bounty for gopher scalps. On March 4, 1899, Gov. Stanley approved an act fixing the bounty on coyote scalps at $1, and on the scalps of lobo wolves at $5.
The legislature of 1905 passed an act providing that, upon a petition by ten residents and landowners of any township of this state. the boards of county commissioners of the several counties of this state were authorized and empowered, in their discretion, to direct any town- ship trustee of any township in their respective counties to appoint the road overseer or any other suitable person in any road district where there were pocket-gophers, to see that pocket-gophers were poisoned, killed or exterminated. It was made the duty of the person so appointed to enter the farm, ground or premises of any person in his respective district at least three times in each year to see that the provisions of this act were fully complied with, and if the owner of such premises failed to kill or exterminate the animals specified, said
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person so appointed by the township trustee should proceed to do so. The person so appointed by the township trustee was to receive a compensation of $2 per day of ten hours for labor performed, and in addition to this he was to be allowed a compensation for poison or other necessaries used in the performance of such work. For all labor performed in inspecting lands to see if there were gophers therein, and in serving notices, such person was to be paid by the township at the rate of $2 per day. Such person was required to make sworn state- ment or voucher to the township trustee of time put in or poison used, and a voucher for the amount, after being signed by the township trustee and township clerk, was to be paid by the township treasurer out of the township general fund, at any quarterly meeting. The township trustee was authorized to charge such amounts to the taxes of such person who neglected or refused to poison or in any other way exterminate the pocket-gophers on his premises; the county clerk was directed to enter such amounts upon the tax-roll of the county, and the county treasurer of such county was authorized to collect such amounts, the same as other taxes, and place such sums to the credit of the respective townships in which collected; but the expenses of inspecting lands and serving notices was not to be charged on the tax-rolls. The same session also passed an act providing for a bounty of five cents for each crow killed within the limits of the county.
By the laws of 1907 it was provided that the county commissioners of each county in the state of Kansas might pay a bounty of $1 on each coyote scalp and $5 on each lobo wolf scalp, if said coyotes and lobo wolves were caught or killed in said county, and gophers, ten cents each. No person was to be entitled to receive any bounty, without first making it appear by positive proof, by affidavit in writing, filed with the county clerk, that the coyote or lobo wolf or gopher was captured and killed within the limits of the county in which applica- tion was made. And it was further provided that whenever bounty for any of these animals is awarded, the person to whom it was awarded should deliver the scalp of the animal, containing both ears, to the county clerk, who should personally burn the same, in presence of the county treasurer of said county.
At the special session of 1908, the legislature passed an act provid- ing that the board of county commissioners of each county in the state might pay a bounty of ten cents on the scalp of each pocket- gopher or ground-mole, if said pocket-gopher or ground-mole should be killed within the county. No person was to be entitled to receive any bounty unless he should first make it appear by positive proof, by affidavit in writing, filed with the county clerk, and to the satisfac- tion of the board of county commissioners, that the pocket-gopher or ground-mole for which a bounty was sought was killed within the limits of said county in which application was made. And it was further provided that whenever bounty for any animal was awarded, the per- son to whom it was awarded should deliver the scalp of the animal,
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containing both ears, to the county clerk, who should personally burn the same in the presence of the county treasurer of said county.
In 1909 a law was passed providing that the county commissioners in each county in the State of Kansas shall pay a bounty of five cents on each pocket-gopher, crow, or crow's head, and a bounty of one cent on each crow's egg, if said pocket-gopher, crow or crow's egg be caught, killed or taken in said county. No person is entitled, under this law, to receive any bounty without first making it appear by posi- tive proof, by affidavit in writing, filed with the county clerk, that such gopher, crow, crow's head or egg was killed, taken or captured within the limits of the county in which application for bounty is made, and the mode of procedure and disposal is the same as already outlined in other legislation mentioned.
But the legislation of Kansas granting bounties has not been con- fined to the payment of premiums for the scalps of destructive ani- mals or birds. Efforts have been made through the bounty system to stimulate and encourage certain industries, the most notable instance being that of sugar. About 1887 considerable attention was paid to the various methods proposed of extracting sugar from sorghum cane. By the act of March 5, 1887, the Kansas legislature authorized the payment of a bounty of two cents a pound on sugar made "from beets, sorghum or other sugar-yielding canes" grown within the State of Kan- sas, and manufactured under certain conditions and restrictions, chief of which were that the sugar so manufactured should contain 90 per cent. of crystallized sugar, and that the bounty should not aggregate more than $15,000 in any one year. It was also enacted that the act should continue in force for five years.
On March 2, 1889, Gov. Humphrey approved an act, amending the act of 1887, increasing the amount that could be paid annually in bounties to $40,000, and extending the time to seven years. Two days after the passage and approval of this act, the legislature appropriated $18,658.30 for the payment of sugar bounties for the years 1887-88. The act granting the bounty of two cents a pound on sugar expired by limitation in 1896.
On March 5, 1903, the legislature passed an act providing for a bounty of $1 per ton on sugar beets grown within the state, under the conditions that the said beets should contain 12 per cent. of sugar, and that the total bounty paid in any one year should not exceed $10,- 000. The last appropriation 'for the payment of bounty on sugar beets was made by the legislature of 1905. Since that time the sugar in- dustry has been forced to do without state assistance.
Bourbon County, on the Missouri border and in the third tier north of Oklahoma, is one of the 33 counties created by the first territorial legislature, with the following boundaries, "Beginning at the south- east corner of Linn county ; thence south 30 miles; thence west 24 miles; thence north 30 miles; thence east 24 miles to the place of be- ginning." In 1867 the boundaries were defined as follows: "Begin-
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ning at the southeast corner of Linn county ; thence south on the east line of the State of Kansas to the southeast corner of section 24, town- ship 27, range 25; thence west to the southwest corner of section 23, township 27, range 21; thence north to the southwest corner of Linn county ; thence east to the place of beginning." By this second act, the extent of the county from north to south was reduced to 25 miles, and increased from east to west a little more than 25 miles, which gives it an area of 637 square miles.
It was named after Bourbon county, Ky. At the present time it is bounded on the north by Linn county, on the east by the State of Missouri, on the north by Crawford county and on the west by Neosho and Allen counties. It is divided into the following townships: Dry- wood, Franklin, Freedom, Marion, Marmaton, Mill Creek, Osage, Paw- nee, Scott, Timber Hill and Walnut.
The general surface of the country is undulating, the highest hills being found in the northwest portion, where they rise to about 200 feet above the Marmaton river. The valleys of the streams average about a mile in width and these bottom lands comprise about one-third of the area. Timber belts varying in width are found along the streams and contain hackberry, hickory, oak, pecan and walnut. On the up- lands and in some of the lower lands, hickory, maple, poplar and wil- low have been planted. The main water-courses are the Little Osage, which flows east a few miles south of the northern boundary, and the Marmaton, which flows from west to east through the central por- tion of the county. The Little Osage has several tributaries flowing into it from both north and south, the main stream being Limestone creek in the northwest part of the county. The main creeks flowing into the Marmaton from the north are Turkey and Mill creeks, and from the south Yellow Paint creek, which also has several small trib- utaries. Drywood creek flows across the southeast corner.
The soil is deep and fertile, being underlaid with sandstone and limestone at various depths. There are quarries at Redfield, Gilfillan and near Hiattville. A good quality of cement is manufactured from the stone found in the vicinity of Fort Scott. Mineral paint and clay for brick are also plentiful. Natural gas was found in Bourbon county in 1867 and has been utilized for lighting and heating. There are numerous manufacturing plants, principally at Fort Scott.
The territory now embraced within the limits of Bourbon county originally formed a part of the reservation of the New York Indians, which was ceded to the government just previous to the organization of the territory, when the lands were thrown open to settlement by the whites. One of the first white men to enter the present limits of the county was Lieut. Zebulon Pike, in his expedition of 1806.
For some time previous to the passage of the Kansas-Nebraska act. the settlers just across the line in Missouri had known of the fertility of the soil in what is now Bourbon county, and only waited for the organization of the territory to rush across the line and take claims.
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A majority of the early settlers were pro-slavery men, but there were also men from the Northern states who were free soilers in politics, though for some years they were in the minority. Some of the men who settled in the county in 1854 were Gideon Terrell, William and Philander Moore in what is now Pawnee township, and Nathan Arnett in Marmaton township. In 1855 Guy Hinton located in Walnut town- ship; James Guthrie, Cowan Mitchell, John and Robert Wells in Marion township. Others who came during the next two years were : Samuel Stephenson, Charles Anderson, John Van Sycle, D. D. Roberts, Joseph Ray, H. R. Kelso, Gabriel Endicott, David Claypool and Ed- ward Jones, who built the first sawmill in what is now Marmaton township, the second mill in the county, the government having one on Mill creek. David Endicott, one of the first to locate, assisted in the survey of the land.
Scarcely had the first settlers become located when trouble over politics began. It is estimated that on March 30, 1855, at least 300 armed Missourians came to the Fort Scott precinct and cast their votes, while there were probably not more than 30 legal voters in the pre- cinct. Early in the spring of 1855 a party of men came to Bourbon county from Carolina, under the leadership of George W. Jones, to assist in making Kansas a slave state. They were sent out under the auspices of the Southern Emigrant Aid society. They were mild mannered at first and went through the county visiting the free-state settlers, asking them their opinion upon the political questions of the day, how they were supplied with arms and ammunition, and inquir- ing about the good land in the territory. In this way a complete list of the free-state men was made. Later in the year nearly all the men on the lists were made prisoners, and while thus held were advised to leave the territory. As soon as they left, pro-slavery men were put on their claims.
Early in August a party of Texas rangers arrived at Fort Scott. Ac- companied by a considerable number of citizens of that town they started northward through the border counties, intending to have "fun" at the expense of the free-state settlers. Early in 1857 many of the free-state men who had been driven from their homes returnd to Bour- bon county. A number of new settlers from the Northern states also came about this time, and as the free-state men grew in number they also grew in confidence. In order to gain possession of the claims from which they had been driven, they organized a "Wide Awake" society, in opposition to the "Dark Lantern" lodges of the pro-slavery men. Some of the most important leaders of this movement were J. C. Burnett, Capt. Samuel Stevenson and Capt. Bayne. The meetings were held at different settlers' cabins at intervals, to evade surprise by the men of the "Blue Lodges." When all the plans of the "Wide Awakes" were perfected, they notified the pro-slavery men who had seized claims that did not belong to them, that they must leave. Most of the pro-slavery men realized that resistance would lead to serious
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difficulties, if not to bloodshed, and left, but some had to be driven off the claims by arms. The border strife continued in Bourbon coun- ty after it had nearly disappeared in other parts of Kansas Territory.
As a matter of reprisal some of the free-state men were arrested on various charges. The district court was presided over by Joseph Wil- liams, a pro-slavery man. The adjustment of claims was referred to his court for a time, and usually decided in favor of the pro-slavery claimant. This caused great dissatisfaction among the free-state men and led them to take severe measures to secure the release of free- state prisoners held at Fort Scott. Another result of Judge Williams decisions was the formation of a "Squatter Court," in which the free- state men heard the cases of contested claims. Dr. Gilpatrick of An- derson county was made judge, and Henry Kilbourn, sheriff. The proceedings of this body were regular and dignified, its decisions were usually just and its decrees were rigorously executed by the sheriff. The proceedings of the court were naturally distasteful to the pro- slavery men, and as a consequence an expedition was organized and started out under command of Deputy United States Marshal Little to capture the court. The attempt failed and four days later (Dec. 16, 1857,) Little organized a posse of about 50 men, for a second attempt. They approached the cabin of Capt. Bayne, where the court was sitting, and a short distance from it were met by messengers from the court, consisting of Maj. Abbott, D. B. Jackson and Gen. Blunt, who had been sent out under a flag of truce as Little was advancing. A parley was held, at the conclusion of which Little said that if the court did not surrender he would open fire. The messengers returned to the cabin with the report of the conference, the decision was against sur- render, the cabin was put in a state of defense, some of the chinking between the logs was removed to form loop holes, Maj. Abbott told Little that they would not surrender, and if he advanced beyond a certain line the free-state men would fire. Little advanced, however, received a volley from the cabin, which was returned, and then re- treated half a mile. Four men were wounded but Little called for a volunteer party and made a second attack with no better result, ex- cept that no men were hurt. Finding it impossible to take the "fort" without loss, the marshal started back to Fort Scott. The next day he gathered a larger number of men and again started for the fort, but upon arriving there found the cabin deserted, as the court had moved to the Baptist church at Danford's mill.
By Dec., 1857, Capts. Bayne and Montgomery had succeeded in driving out of the district many of the pro-slavery men who unlaw- fully held claims. The parties thus driven out congregated at West Point, Marvel, Balltown and Fort Scott, where their Blue Lodges flour- ished, and from these as centers raids were made to harass the free- state settlers on Mine creek, the Little Osage and Marmaton. Almost daily reports came of outrages committed by the Missourians, and the free-state men would ride upon errands of swift retaliation.
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Late in December two companies of United States cavalry were stationed at Fort Scott at the solicitation of the residents and order was restored in the district, but early in Jan., 1858, they were with- drawn and trouble broke out again. On the night of Feb. 10, 1858, Montgomery and a party of forty men started for Fort Scott to pun- ish some of the bitter pro-slavery men who had been persecuting a Mr. Johnson who lived in the town. (See Fort Scott.) On Feb. 26, 1858, two companies of United States cavalry were again stationed in the town, and as Montgomery always avoided conflicts with govern- ment forces, he began operating against the pro-slavery men in the country, with the object of driving them into the city. It is estimated that as many as 300 families in the district were forced to flee from their homes and take refuge in the towns. Capt. Anderson, in com- mand, could not protect them in their isolated settlements, and the result Montgomery wished was attained. But this was no one-sided guerrilla warfare, and it took all the sleepless vigilance and every re- source of Montgomery, Bayne and John Brown combined, to protect the free-state settlers against "the wolves of the border."
On June 7, 1858, some of Montgomery's men attempted to fire the Western Hotel in Fort Scott, but no one was hurt and the fire was extinguished. June 13, Gov. Denver arrived at Fort Scott; a meet- ing was held and feeling ran high on both sides, but by judicious treatment on the part of the governor peace was restored. The next day a second meeting was held at Raysville, at which the governor proposed a compromise, which in a measure restored peace for some time. Subsequently a free-state man named Rice was arrested for the murder of Travis, who had been shot on Feb. 28. This was re- garded as a violation of the agreement made on June 15, and Mont- gomery determined to rescue Rice. Accordingly he organized a party of 100 men, among them John Brown, who wanted to destroy Fort Scott, but as Montgomery's main purpose was to rescue Rice, he left Brown outside the town and proceeded without him. Rice was re- leased, Mr. Little was killed, Montgomery's men looted a store of a stock valued at about $7,000, and 12 citizens were made prisoners. The citizens then appealed to the governor for protection and, as there were no troops to send, he advised the formation of home militia for defense, a suggestion which was carried out. After the passage of the amnesty act, there was but little further trouble along the border and peace came to stay in Bourbon county. After the Civil war began a big Union demonstration was made at Fort Scott, which had been one of the bitterest pro-slavery towns. Party differences were laid aside for defense of the nation and by the middle of April two com- panies had been raised on Drywood; two companies were formed at Fort Scott in May. Other companies were raised at Lightning creek, Mill creek, and a company of home guards was organized. The most important engagement which occurred during the war in Bourbon county was the battle of Drywood (q. v.), which occurred late in Sept.,
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1861, between the Confederate forces under Gen. Rains and the Union forces under Gen. J. H. Lane. Price's army passed through the east- ern part of the county in Oct., 1864. While crossing the valley of the Little Osage, members of the army committed many outrages and for a time people of Fort Scott feared for the safety of the city. Bour- bon county ranked fifth in the number of men who entered the militia during the war.
The county was organized Sept. 12, 1855, when S. A. Williams, the probate judge, administered the oath of office to commissioners Col. H. T. Wilson and Charles B. Wingfield. B. F. Hill was appointed sheriff and William Margrave deputy sheriff. On Sept. 17 the fol- lowing officers were appointed: James F. Farley, clerk; Thomas Wat- kins, justice; John F. Cottrell, constable. Gov. Reeder had appointed William Margrave justice of the peace in Dec., 1854, the first in the county. On Oct. 15 four additional justices and three constables were appointed. At the same time A. Hornbeck was appointed treasurer ; W. W. Spratt, assessor; and H. R. Kelso, coroner. In November the county was divided into five townships. From the time of its organiza- tion until Jan., 1858, the affairs of the county were in the hands of the county court, consisting of a probate judge and two commissioners, but the form of government was then changed and placed in charge of a board of supervisors, one from each township. In 1860 it was again changed and three commissioners took the place of the board. In 1855, by the act creating the county, the seat of justice was located at Fort Scott. In 1858, on account of border troubles, it was changed to Marmaton by a special law of the legislature. An election to de- termine the permanent location of the county seat was held on May II, 1863, when Fort Scott received the majority of votes cast and again became the county seat, where it has since remained.
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