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 46
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Coburn, a village of Franklin county, is situated in the northwestern part, 10 miles west of Norwood, the nearest railroad station, 12 miles northwest of Ottawa, the county seat, and 4 miles northwest of Centrop- olis, from which it has rural delivery.
Coburn, Foster D., secretary of the Kansas State Board of Agriculture, was born in Jefferson county, Wis., May 7, 1846, a son of Ephraim W. and Mary J. (Mulks) Coburn. He received a common school education, and during the Civil war served in the One Hundred and Thirty-fifth and later the Sixty-second Illinois infantry. In 1867 he located in Frank- lin county, Kan., where he engaged in farming and stock raising. On Sept. 8, 1869, he married Miss Lou Jenkins of that county. In 1882 he was elected secretary of the state board of agriculture, but served only a short time. In 1894 he was again elected secretary of the board and has
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held the office continuously since that time. Mr. Coburn has been three times appointed regent of the Agricultural College, and has served both as vice-president and president of the board of regents. He was also president of the State Temperance Union for four terms. For about six years he was editor of the Live Stock Indicator of Kansas City, and he has been expert judge of live stock in numerous fairs and expositions. At the Louisiana Purchase exposition at St. Louis in 1904, he was chief of the live stock department. He is the author of books on.Swine Hus- bandry, Alfalfa, etc., and of some thirty volumes of reports and bulle- tins which he has issued as secretary. His reports contain much inter- esting and valuable information regarding the agricultural industry in Kansas.
Codell, a thriving little town of Paradise township, Rooks county, is a station on the Union Pacific R. R. about 20 miles southeast of Stock- ton, the county seat, It has a bank, a money order postoffice with one rural route, express and telegraph offices, telephone connections, Bap- tist and Methodist churches, good public schools, and does considerable shipping. The population in 1910 was 175.
Codes and Statutes .- The first collection of the laws of the Territory of Kansas was that adopted by the first legislative assembly in 1855, and usually designated and known as the "Bogus Statutes." At the time of the adoption of these laws, what was known as the pro-slavery party had entire control of the legislature. The free-state party having a majority in the legislative assembly in 1859, a board of commissioners, consisting of William McKay of Wyandotte, E. S. Lowman of Law- rence, and James McCahon of Leavenworth was elected by the legisla- ture, "to propose an entire code of laws, upon all subjects of general legislation pertaining to the interests of the Territory of Kansas, to be submitted from time to time to the legislative assembly, for their action upon the same." These commissioners fulfilled the duties of their ap- pointment at the same session, and upon the adoption of the laws ie- ported by them the laws of 1855 were repealed.
The general laws adopted at this session, with some few exceptions, temained in force until at the regular session of the state legislature in 1862, when the laws then in force were compiled by a joint committee of the two houses and subsequently published in a volume which is known as the "Compiled Laws of 1862." At the session of 1867 an act was passed authorizing and requiring the governor to appoint three com- missioners, "to revise and codify the civil and criminal codes of proced- ure, and all laws of a general nature, of this state," and requiring the commissioners so appointed to report at the next session of the legisla- ture. In pursuance of this act, the governor appointed John M. Price of Atchison, Samuel A. Riggs of Lawrence (both then members of the senate), and James McCahon of Leavenworth as such commissioners, who immediately entered upon the performance of their duties, and at the regular session of 1868 made a printed report to the legislature of the result of their labors. This report was considered at the same ses
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sion and adopted with but few,changes or alterations. The school law, as reported, was entirely omitted, and the laws in force relating to com- mon schools were required to be compiled as a part of the General Stat- utes. Among the laws enacted was one declaring what should consti- tute the General Statutes of the state, and providing for their publication in a volume to be entitled the "General Statutes of Kansas," under the superintendence of the commissioners and the secretary of state.
The compilation of the General Statutes of Kansas, in two volumes, appeared in 1876, and was the work of C. F. W. Dassler of the Leaven- worth bar. The work was undertaken by him at the suggestion of mem- bers of the legal profession throughout the state, who, appreciating the reluctance of the legislature to enter upon the expense of a revision, were of the opinion that private enterprise must supply the want. This com- pilation became known as "Dassler's Kansas Statutes, 1876," and the legislature of 1879 agreeing to purchase a number of copies, a new edi- tion was published. It differed from the former, however, in that it was brought down to a later day. A new edition of the General Laws of Kansas, embracing the session laws of 1895, was published in that year, with Mr. Dassler as the editor.
In 1890, by virtue and under authority of an act passed by the legisla- ture of Kansas in 1889, the "General Statutes of Kansas, 1889," was pub- lished and was made the official statutes. It contained all laws of a gen- eral nature, including the laws of 1889, and was edited by Irwin Taylor, of the Topeka bar. The "General Statutes of the State of Kansas, con- taining all laws of a general nature from the admission of the State in 1861 to the 8th day of May, 1897," was published by authority of the leg- islature in 1897, and as compiled and annotated by W. C. Webb, of To- peka. But the many expressions of approval and commendation from the judiciary and members of the bar of the state, of the several editions of the "Statutes of Kansas" edited by C. F. W. Dassler, induced him to prepare another edition in 1899, which was followed, in 1901, by a reprint edition, added to which were the amendments and new laws passed at the legislative session of 1901, and laws that had been repealed were omitted. This edition was prepared pursuant to Chapter 10 of the ses- sion laws of 1901, authorizing the same. The general arrangement has been continued in two subsequent editions-1905 and 1909.
The civil code, as modified by the laws of France and the regulations of Spain, was the law by which Louisiana was governed prior to its ces- sion to the United States in 1803, and as the territory comprised within the limits of Kansas was part of that great domain, theoretically it was then governed by the Civil Code. But this fact exists only in theory, as at that time there existed not a single settlement of civilized inhabitants within the territorial limits of the state. . On March 26, 1804, an act was passed by the Congress of the United States dividing the province into two distinct territories by a line corresponding with the 33d degree of north latitude, and all north of that parallel was called the "District of Louisiana." On Jan. 19, 1816, a most important act was passed, by which
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the common law of England, and the statutes passed prior to the 4th year of James I, of a general nature, were adopted as the law of the territory, provided the same were not in conflict with the laws of the United States and the local statutes. By this act, the Civil Law was repealed and ceased to be the groundwork of the law of the territory.
Cody, William F .- (See Buffalo Bill.)
Coffey County, in the third tier of counties from the Missouri line, and the fourth tier from Oklahoma, is bounded on the north by Osage coun- ty ; on the east by Franklin and Anderson; on the south by Woodson, and on the west by Greenwood and Lyon. Its area is 648 square miles, and it was named for Col. A. M. Coffey, a member of the first territorial legislature.
The first known settlement of white men within the county was made in the Neosho valley in 1854 by Frederick Troxel, who built a log cabin on the old Indian trail about three-fourths of a mile south of the present town of Le Roy and moved there with his family. Mrs. Troxel's brother, Gen. John B. Scott, the founder of Le Roy, was at that time an Indian trader at the Sac and Fox agency. The Indian trail extended from the agency southwest through Coffey county, crossing the Neosho river where Burlington now stands, where the Indians had a burial ground, and continuing to the Buffalo hunting grounds in the Indian Territory. A small colony from New York, including Ahijah Jones and his son, George, William R. and Alban Saunders, settled at the present location of Le Roy in Dec., 1854. They brought their families the next year. Washington Vickery and Levi Heddens (who is said to have been the first man to cross the Neosho river in a wagon) were here in 1854, but did not locate until 1855. Others who came in 1855 were, Dr. Hamilton Smith, a free-state man prominent in territorial struggles, Morgan Dix, Simpson Despain, Hiram Hoover, Judge Strawn and Joe Lebo, all of whom settled near the present site of Ottumwa, and Mr. Crall on Lebo creek, also the "Hampden Colony" consisting of 100 men and women from Hampden, Mass.
This colony founded a town across the river from the present city of Burlington. Its promoters expected to make it the leading commercial center of southeastern Kansas. They put up business establishments and organized a county court, but the founding of Burlington was a serious check to it, and with the permanent location of the county seat at the latter place in 1865, Hampden faded from view entirely. Le Roy and Ottumwa were located in 1855, and the county was pretty well set- tled by the end of 1856.
The boundaries of the county were fixed by act of the legislature in July, 1855, as follows: "Beginning at the southeast corner of Weller (Osage) county, thence south 24 miles; thence west 24 miles; thence north 24 miles, and thence east 24 miles to the place of beginning." Although the county was not yet organized a court was establised at Hampden under Judge Cato, which the next year was moved to Le Roy. When the legislature officially organized the county in 1857 Le
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Roy was made the temporary county seat, and the following officers were appointed: E. C. Amsden, sheriff ; John Woolman, probate judge ; Richard Burr and Samuel Lock, commissioners. An election for com- missioners was held in September and resulted in the choice of John Evans, John Wooster and Enos Strawn. Efforts were made by the Bur- lington town company to secure the county seat, but Wooster and Evans being favorable to Le Roy it was located at that place. The legisla- ture of 1858 changed the seat of justice to Burlington and provided for an election on the matter in Oct., 1858. In the meantime the board of supervisors met at Hampden, where the county clerk, Silas Fearl, lived, the other officers retaining their offices at Le Roy. The first meeting of the supervisors to be held at Burlington was on Oct. 5, the next day after the election. Although Le Roy received the largest number of votes for county seat, it was never officially recognized. The county officers were retained there until Judge Rush Elmore came to Burlington to hold a session of court for Coffey county. He ordered the county recorder to move his office to Burlington, and court was held at that place.
In 1861 another election was held to decide the county seat question. Le Roy received the largest number of votes, but not a majority, and the county seat was still maintained at Burlington. Considerable trouble was experienced in getting the county officials to move from Le Roy, and in some instances legal proceedings were instituted to compel re- moval. In May, 1863, another county seat election was called in which Hampden received a majority of all votes cast and was declared the county seat. Another election for the same purpose was held in Nov., 1865. After two ballots Burlington was finally successful and was de- clared to be the permanent judicial seat by the commissioners at their meeting in Jan., 1866. However, the people were not yet satisfied and a final election was held in October of that year, which resulted in a majority for Burlington.
When the Civil war broke out nearly all the able bodied men in the county enlisted, leaving only about 100 to protect the homes and to act as a reserve in case of border troubles. Company G, Fifth Kansas cavalry, was mostly made up at Ottumwa and Le Roy, and Company E of the same regiment was made up at Burlington and vicinity. In 1861 Gen. Lane sent out horsemen over the territory of eastern Kansas for help to repel the Price invasion in Bourbon county, which was threatening some of the valuable Federal supplies. The word reached Ottumwa on Saturday afternoon, and the next morning early 104 men left that point to reinforce Lane's command at Fort Lincoln. Here they defended the fort and labored on the earthworks while Gen. Lane was at the front. In May, 1862, the First and Second Indian regiments were organized at Le Roy from refugee Indians. Col. Coffin, who was at that time superintendent of Indian affairs for that section of the country, including the Indian territory, had his headquarters removed from Tallequah to Le Roy on account of the turbulent conditions in (I-25)
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the Indian territory. Here he received the Indians who were driven from their homes, numbering some 8,000 persons belonging to the Cherokee, Choctaw, Creek, Seminole, Chickasaw, Uchee, Quapaw, Keechi, Southern Shawnee and Southern Delaware tribes. It was from these that the Indian regiments were organized and officered by white men. (See Indian Brigade.) From lack of military discipline over one- half of the first Indian regiment deserted and came back to Le Roy, but were induced by Lieut. Proudy to reënter the service.
As a pioneer country and a border district a good many tragedies and disasters of various kinds happened, but there was only one hanging, and that was of a semi-legal nature, being ordered by an improvised court of citizens. Just south of the old Indian cemetery at Burlington lived a family by the name of Claywell. Different members had been repeatedly arrested but there being no jails, they always managed to escape. Horse stealing was the particular offense of the two grown sons, and the citizens decided that the next time any of them committed a crime they would take things into their own hands. A short time after this conclusion had been reached one of the young men stole a horse from Le Roy and was arrested. Word was sent out and the citizens formed a court, with judge, jury, attorney for the defendant and attor- ney for the state. He was found guilty and, on vote of the mass who attended the trial, was hanged at Le Roy in presence of a vast throng of witnesses. This happened in 1858. Numerous murders were committed in the first ten years of the county's existence.
The first postoffice was established at Le Roy, the mail being carried from the Sac and Fox agency by private conveyance until postoffices were established at Burlington and Ottumwa, when a mail route was put in operation. The first marriage was between John Bowen and a Miss Crail in 1856. The first birth was that of John Whistler. The first school was Burlington district No. I, organized in 1858.
The history of the railroads of Coffey county begins with the construc- tion of the Neosho division of the Missouri, Kansas & Texas in 1870, though several roads were projected before the war. This road enters the county on the west and runs in a southeasterly direction into Wood- son county, passing through Burlington and Le Roy junction. The Mis- souri Pacific, which runs through the southern part of the county from east to west, was built in 1880. The Atchison, Topeka & Santa Fe was built in 1878. It extends from the northeast corner of the county south- west to Gridley. Another branch of this road crosses the county in the northwest corner.
The county was originally divided into 7 townships, Pottawatomie, Ottumwa, California, Avon, Burlington, Le Roy and Neosho. This division was made by the county commissioners in 1858, who the next year reduced the number to four, Avon, Le Roy, Burlington and Ottumwa. In 1860, the original 7 were reestablished, Rock Creek was added in 1870, Pleasant, Hampden and Liberty in 1871, Spring Creek in 1872, Key West and Star in 1874. Lincoln has been added since.
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The towns and villages of Coffey county are as follows: Burlington, the county seat, Agricola, Aliceville, Crandall, Hall Summit, Kong, Lebo, Le Roy, Ottumwa, Patmos, Pottawatomie, Sharpe, Strawn and Waverly.
Coffey is an agricultural county. The general surface is rolling prairie, and the bottom lands, averaging one to two miles in width, comprise one-eighth of the total area. The native trees are oak, hickory, hack- berry, elm, black walnut, sycamore, soft maple, box elder, ash, locust and pecan. Sandstone, red ocher and clay for brick and tile are found in commercial quantities. Salt springs and marshes are plentiful along the Neosho. The county is underlaid with natural gas.
The Neosho river, the principal stream, enters the county on the west several miles below the northwest corner, crosses in a south- easterly direction, leaving near the southeast corner. Its tributaries from the north are, Lebo, Hickory, Wolf, Long, Crooked and Spring creeks, and from the south, Duck, Turkey, Big, Rock, Otter and Eagle creeks.
The total value of farm products for 1910 was $5,000,000. The wheat and corn crops went considerably over $1,000,000 each. Other impor- tant products are oats, hay, poultry, dairy products and live stock. The population in 1910 was 15,205, and the assessed valuation of property was $23,082,616, making the wealth per capita average over $1,500. This shows Coffey county to be in the first rank among the wealthy coun- ties of the state.
Coffeyville, the largest city in Montgomery county and one of the im- portant cities of southeastern Kansas, is located on the Verdigris river near the Oklahoma state line, 15 miles southeast of Independence, the county seat. Four railroads converge at this point-the Atchison, To- peka & Santa Fe, the Missouri, Kansas & Texas, the Missouri Pacific, and the St. Louis & San Francisco. It is located in the natural gas fields, the wells in the vicinity yielding about 1,000,000,000 cubic feet of gas per day. This is furnished to the factories for three cents per 1,000 feet, which has resulted in building up extensive manufacturing inter- ests among which are, 9 glass factories, 6 brick plants, an oil refinery, 4 foundries, a plow factory, 2 box factories, 2 planing mills, carriage and wagon factory, paper factory, zinc smelter, pottery works, excelsior fac- tory, plaster factory, roof tile works, wire fence factory, egg case fac- tory, novelty works, and implement works. Other manufacturing plants are under process of construction. The Missouri Pacific railroad shops are located here.
The town is advanced in the matter of public improvements, having a sewer system, waterworks, fire department, police department, 9 public school buildings, street railway, public parks and electric lights. There are 5 banks, 4 theaters, a hospital, 3 daily and 3 weekly newspapers, 4 flour mills, grain elevators, several wholesale jobbing houses, 2 ice plants, a packing house and all lines of retail trade. Coffeyville is also an important grain market and a shipping point for all kinds of farm
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produce. It is connected with Cherryvale and Independence by means of interurban electric lines. The town is supplied with telegraph and express offices and has an international money order postoffice with 4 rural routes. The population according to the census of 1910 was 12,- 687, which is nearly treble the population of 1900.
Coffeyville was founded in the fall of 1869, by Col. Coffey, N. B. Blanton, Edward Fagan, John Clarkson and William Wilson. This town was later absorbed by another of the same name located a mile north and promoted by the railroad company in 1871, as the terminus of the first railroad built in the county. The towns of Westralia, Par- ker, Verdigris City and Claymore were all eventually absorbed by Coffeyville. The postoffice was established in 1871 at the original town, and Col. Coffey was made postmaster. The next year it was moved to the new town. Coffeyville was organized and incorporated as a city of the third class in 1872, with the following officers: Mayor, A. B. Clark; clerk, I. N. Neeld ; treasurer, T. B. Eldridge ; police judge, G. A. Dunlap; marshal, Peter Flynn ; councilmen, G. J. Tallman, David Blair, G. W. Curry, W. H. Bowers and E. S. Eldridge. The first school was taught in a store building on the old town site in 1871 by J. T. Cres- well. The Coffeyville Journal was established in 1875 by W. A. Peffer. The first banking house was opened in May, 1880, by Ayres & Steel. A board of trade was organized in 1884, and on July 20, 1887, Coffeyville was incorporated as a city of the second class by proclamation of Gov. Martin.
In 1888 an incident occurred in Coffeyville which startled the whole state and led to an investigation by the state officials. A package directed to Winfield was left at the express office on Oct. 18. While still in custody of the express agent it exploded and killed Mrs. Upham and her daughter, Mabel. It was a package of dynamite and a political murder was intended by the party who prepared it.
In 1892 occurred the famous Dalton raid at Coffeyville. The Daltons with two accomplices, comprising a band of five, came into the town with the intention to rob the banks and commit as many murders as necessary in the process. While robbing the bank of Condon & Co., the ruffians were attacked by the citizens and one of them wounded so that he could not shoot. Undismayed by the rain of bullets, they took all the currency, amounting to $11,000, and went to the First National bank, where they secured $20,000 and went out into the alley, by which they expected to escape. Here they were fired upon by the citizens and a battle began, which lasted 12 minutes. When it was over four of the. robbers were dead and one seriously wounded. Out of the ten citizens who took part 4 were killed and 2 wounded. The wounded robber was Emmet Dalton, who was at that time 16 years of age. He never fully recovered from his wounds. After serving a number of years in the state penitentiary he was released in 1909.
Coin, a rural money order postoffice of Gove county, is located in Gaeland township on Plum creek, and about 15 miles southwest of Gove,
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the county seat. Campus, on the Union Pacific, is the most convenient railroad station.
Cokedale, a village of Cherokee county, is located at the junction of the Missouri Pacific and the Missouri, Kansas & Texas railroads, about 6 miles northwest of Columbus, the county seat, from which place mail is received by rural free delivery.
Colbert, a little hamlet of Lincoln county, is situated on East Elkhorn creek, about 6 miles southeast of Lincoln, the county seat, from which place mail is received by rural free delivery.
Colby, the county seat and principal city of Thomas county, is cen- trally located on Prairie Dog creek, at the junction of the Chicago, Rock Island & Pacific, and two divisions of the Union Pacific railroads. Prior to 1907 it was a part of Morgan township, but in that year it was made an independent corporation. Colby has 2 banks, 4 grain elevators, a flour mill, a creamery, 2 weekly newspapers (the Tribune and Free Press), a public park, graded schools, the county high school and churches of five different denominations. The city and high school buildings were erected at a cost of over $40,000. Colby also has a money order postoffice with three rural routes, express and telegraph offices, a hotel, some good stores, an opera house, and is said to have more miles of cement sidewalk than any city in western Kansas. The growth dur- ing the last census decade was almost phenomenal, the census of 1900 showing a population of 641 and that of 1910 reporting 1,130. A United States land office was opened at Colby on Feb. 5, 1894.
Coldwater, the county seat of Comanche county, is situated a little northwest of the center of the county, and is one of the most important towns on the Wichita & Englewood division of the Atchison, Topeka & Santa Fe railway system. It has an elevation of 2,089 feet and is bean- tifully located in the valley of Cavalry creek, a tributary of the Arkan- sas river. Coldwater was established as the county seat soon after the county was organized, and in the matter of growth it has had its "ups and downs." The census of 1890 showed a population of 480, which had dwindled to 263 in 1900. (For the cause of this decline see Comanche County.) Then came a turn for the better, and in 1910 the population was 684. The improvement during these latter years is of a permanent character. Coldwater has 2 banks, 3 grain elevators, 2 weekly news- papers (the Talisman and the Western Star), an international money order postoffice, express, telegraph and telephone facilties, and is the commercial center for a large and prosperous agricultural district.
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