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 62
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people disarmed, should they make any demonstration to disturb the public peace, and I am astonished that you have not acted promptly." The governor also criticised the mayor of Leavenworth for failing to do his duty. About this time two companies of dragoons were sent to southeastern Kansas to quell the disturbance in that section.
Up to this time Mr. Denver had been merely the acting governor, by virtue of his office as secretary. On March 13, 1858, he wrote to Gen. Cass, acknowledging the receipt of a letter dated Feb. 26 indorsing his commission as governor. In that letter Gov. Denver said :
"My oath of office is not inclosed, for the reason that I can find no authority for anyone to act as secretary should that office become vacant, except by presidential appointment. In the present condition of affairs here such an interregnum might prove a serious embarrassment, and my sense of duty to the public interests will not allow me to cause it.
"While I shall continue to discharge the duties of both offices, there- fore, as heretofore, I will await the appointment of a secretary before qualifying as governor."
He then recommended his private secretary, Hugh S. Walsh, for the office of territorial secretary. Mr. Walsh was subsequently appointed. and on May 12, 1858, Mr. Denver took the oath of office as governor. In the meantime he had issued commissions to a number of county and township officers, notaries public, etc.
On May 19 occurred the Marais des Cygnes massacre of a number of free-state men by a party commanded by Capt. Charles A. Hamelton (see Marais des Cygnes), and Gov. Denver despatched Lieut. J. P. Jones and Benjamin J. Newsom to investigate the conditions in that district and report. On June 3 they rendered an account of a number of conflicts between Montgomery's men and the pro-slavery settlers, due in a great measure to the inefficiency of certain county officers. On the 15th the governor visited Fort Scott, where he addressed a mass meeting and introduced a set of resolutions, the object of which was to settle the dis- turbances in that vicinity. During the summer conditions did not im- prove, however, as much as the governor had anticipated at the time of his visit to Fort Scott, and on Sept. 5. 1858, he tendered his resignation, to take effect on Oct. 10.
Cutler says : "The resignation of Gov. Denver, as in the case of Gov. Walker, was forced upon him by the pro-slavery administration. He had made a treaty with Montgomery, the free-state chief, whereby it was sought to restore peace. As this involved concessions to the free-state men, it, as a matter of course, met the disapproval of the president and advisers, and would have resulted in the removal of Gov. Denver, had he not resigned."
Derby, a town of Rockford township, Sedgwick county, is located on the Arkansas river and the Atchison, Topeka & Santa Fe R. R. II miles southeast of Wichita. It has a bank, a money order postoffice with three rural routes, telegraph and express offices, telephone connections, Catho- lic, Evangelical and Presbyterian churches, good public schools, sev-
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eral general stores, a hotel, etc., and is the principal shipping point for a rich agricultural district in the Arkansas valley. The population in 1910 was 261.
Dermot, a little village in the northwest corner of Stevens county, is located in the valley of the north fork of the Cimarron river about 16 miles from Hugoton, the county seat, and 40 miles south of Hartland, which is the nearest railroad station. Dermot has a money order post- office and is a trading center for the neighborhood in which it is sit- tiated.
Descent and Distribution of Property .- A homestead to the extent of 160 acres of farming land, or of one acre within the limits of an in- corporated town or city, occupied by the intestate and his family at the time of his death as a residence, and continued to be so occupied by his widow and children, after his death, together with all the improvements on the same, is wholly exempt from distribution under any of the laws of this state, and from the payment of the debts of the intestate, but is the absolute property of the widow and children. If the intestate at the time of his death owned a greater number of acres of land adjoining his residence than is allowed for a homestead, the widow may select the homestead. If the intestate left no children, the widow is entitled to said homestead, and if he left children and no widow, the children are entitled to same. If the intestate left a widow and children, and the widow again marry, or when all the children arrive at the age of ma- jority, the homestead is divided, one-half in value to the widow and the other half to the children.
One-half in value of all the real estate in which the husband, at any time during the coverture, had a legal or equitable interest, which has not been sold on execution or other judicial sale, and not necessary for the payment of debts, and of which the wife has made no conveyance, is set apart by the executor as her property in fee simple upon the death of her husband if she survives him. Continuous cohabitation as hus- band and wife is presumptive evidence of marriage for the purpose of giving this right. The widow's portion cannot be affected by any will of her husband, if she objects thereto, and relinquishes all right conferred upon her by the will.
The remaining estate of which the decedent died seized, in the ab- sence of other arrangements by will, descends in equal shares to his children surviving him and the living issue, if any, of the prior deceased children; but such issne collectively inherits only that share to which their parent would have been entitled had he been living. If the de- ceased leave no issue, the whole of his estate goes to his wife; and if he leaves neither wife nor issue, it goes to his parents. If one of his parents be dead, it goes to the surviving parent, and if both parents be dead, it is disposed of in the same manner as if they, or either of them, had outlived the intestate and died in the possession and ownership of the portion thus falling to their share, or to either of them, and so on through the ascending ancestors and their issue.
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Illegitimate children inherit from the mother, and the mother from the children. They also inherit from the father whenever they have been recognized by him as his children, but such recognition must be gen- eral and notorious, or in writing. Under such circumstances, if the rec- ognition of relationship has been mutual, the father inherits from his illegitimate children. In thus inheriting from an illegitimate child, the mother and her heirs take preference over the father and his heirs. All the provisions mentioned control the descent of property owned by a woman who dies intestate. .
Desert .- (See Great American Desert.)
De Soto, an incorporated town of Johnson county, is located in the northwestern part on the south bank of the Kansas river and the Atchi- son, Topeka & Santa Fe R. R. 16 miles east of Lawrence. The town was laid out in the spring of 1857 by a company and named after the great Spanish explorer. A store was soon opened and a sawmill built on the river. Late in the year several more buildings were elected and the De Soto hotel was opened. In 1860 the postoffice was established with James Smith as postmaster. The Methodist church was the pio- neer religious denomination, an organization having been perfected in 1858, but no church was erected until 1870. De Soto now contains several general stores, a hardware and implement house, lumber yard, good public school system, money order postoffice, telegraph and express facilities, and is the shipping and supply point for a considerable dis- trict. The population in 1910 was 500.
Detroit, a village of Center township, Dickinson county, is a station on the Union Pacific R. R. 6 miles east of Abilene, the county seat. It has a money order postoffice with two rural routes, a graded public school, telegraph and express offices, telephone connections, general stores, etc., and in 1910 reported a population of 142.
Devizes, a village of Norton county, is situated on Sappa creek about 20 miles northwest of Norton, the county seat. It has a money order postoffice and is a trading center for that section of the county. Wilson City, Neb., is the nearest railroad station. The population in 1910 was 48.
Devon, a village of Bourbon county, is located on the Missouri Pa- cific R. R. 10 miles northwest of Fort Scott. It has a money order post- office with one rural route, telegraph and express offices, and in 1910 had a population of 200. It is the supply town for a rich district and a con- siderable shipping point for produce.
Dewdrop, a small settlement in Lincoln county, is about 8 miles north- west of Lincoln, the county seat and nearest railroad station, from which place mail is received by rural delivery. The population was reported as 20 in 1910.
Dexter, an incorporated city of Cowley county, is located on Grouse creek in the township of the same name, at the junction of two divisions of the Missouri Pacific R. R. 20 miles southeast of Winfield, the county seat. The Dexter town company was first organized by some citizens
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of Emporia in 1870, but the town was not laid off and the plat filed until in Oct., 1875. James McDermott built the first house in the town. The postoffice was established in Sept., 1870, and the first mail by regular car- rier came from Eureka the following March. A water power flour mill was among the first industries to be established. The Dexter of 1911 has 2 banks, a money order postoffice with two rural routes, express, telegraph and telephone accommodations, churches of several denomina- tions, a weekly newspaper (the Dispatch), a hotel, important mercantile and shipping interests, etc. The population in 1910 was 512.
Dial, a small hamlet of Osborne county, is situated in the Covert creek valley, about 15 miles southwest of Osborne, the county seat. Mail is received by rural delivery from the postoffice at Covert. Waldo, on the Union Pacific 6 miles south, is the nearest railroad station.
Diamond Springs, a village of Morris county, is a station on the Strong City & Superior division of the Atchison, Topeka & Santa Fe R. R., about 20 miles southwest of Council Grove, the county seat. It has a money order postoffice, telephone connections, an express office, a good local trade, and is a shipping point for the surrounding agricultural dis- trict. The population was reported as 27 in 1910.
The spring for which the village was named was originally known as "The Diamond of the Plain." It is one of the largest springs in the state and was a well known station on the old Santa Fe trail. This station was robbed by the guerrilla, Dick Yeager, on the night of May 4, 1863, and in the raid Augustus Howell was killed and Mrs. Howell severely wounded.
Dickinson County, located near the central part of the state, is in the third tier of counties south from Nebraska and the sixth west from the Missouri river. It was created by an act of the legislature in 1857, with the following boundaries: "Beginning at the southwest corner of Clay county, thence west along the southern boundary of said Clay county to the southwest corner thereof; thence south along the 6th principal meridian to the corner of townships 16 and 17 south ; thence east along the township line to the range line between ranges 4 and 5 east ; thence' north along said range line to the middle of the main channel of the Smoky Hill fork of the Kansas river; thence up the middle of the main channel of the Smoky Hill fork to the southwest corner of Riley county ; thence north with the west boundary of Riley county to the point of beginning." It was named after Daniel S. Dickinson, United States senator from the state of New York. The boundaries at present are practically those established by the act of creation and it is bounded on the north by Clay county, on the east by Geary and Morris, on the. south by Marion and on the west by Saline and Ottawa counties. Its area is 851 square miles.
It is supposed that the first white men to pass over the territory now embraced in Dickinson county were Coronado (q. v.) and his followers, and the Bourgmont expedition probably passed through the county in 1724. A family named Lenon located on Chapman creek in 1855, but
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did not stay. In the fall of the next year T. F. Hersey located on a claim on Mud creek near the present city of Abilene, but there was an impression that land so far west was not fit for habitation and settle- ment was slow. By some authorities it is estimated that there were not more than half a dozen families in the county at the time of its organi- zation. Prior to that time the county was attached to Davis (now Geary) county as a municipal township for all civil and military purposes. C. W. Staatz settled on Lyon creek in 1857 and in 1858 a number of set- tlers arrived, locating along different streams. Among them were Wil- liam Lamb, who took a claim on the Smoky Hill river; A. J. Markley, who settled on Turkey creek; William Breeson, on Lyon creek; E. W. Bradfield, on Mud creek. Although white settlers were coming into the county, the Smoky Hill valley and the prairies were still the hunt- ing grounds of various Indian tribes, and the pioneers being far apart had more frequent red than white visitors. The Indians committed some depredations and at one time were caught and punished by Capt. Stur- gis. Settlement was retarded by the Indians, who, while they professed friendship, could not be trusted. Supplies were brought this far west only at a great risk and inconvenience by slow ox teams. Kansas City and Leavenworth were the nearest points where grain could be ground and supplies purchased. Trips were usually made to these cities twice a year to market and mill, the whole family going along as it was un- safe to leave a few members alone, distant from other settlements.
Soon after the creation of the county in 1857, H. M. Rulison, Dr. Gerat and Nicholas White formed a town company and located what was known as Newport, the site of which was section 3, town 13, range 3, about a mile east of where Detroit now stands. The site was platted and a cabin built on each quarter section. In 1860 C. H. Thompson moved to Dickinson county from Leavenworth and located on land east of and adjoining T. F. Hersey. He laid out a town on Mud creek, which Mrs. Hersey named Abilene, and a few log houses were erected there. Another town, called Union City, was laid out south of the Smoky Hill river, on Turkey creek.
The first white child born in the county was C. F. Staatz, son of C. W. Staatz, who lived on Lyon creek, his birth occurring on June 24, 1857. The first death known to have occurred in the county was that of his sister Julia, who died in Oct., 1857. The first marriage was that of David Beigart and a Miss J. F. Staatz in 1859. The first school was organized on Lyon creek, in what is now Liberty township, in 1859, and was taught by William Miller. In Dickinson county the pioneer religious services were held by the Methodists, who erected a log church on Lyon creek in the spring of 1861, which was used for a school house on week days. Peter May was the first pastor of this pioneer congrega- tion. A man named Jones opened the first store in the county at Abi- lene in 1860, and the first hotel opened was the Drover's Cottage at Abilene in 1866, owned by Joseph G. McCoy. The Chronicle, the first newspaper of the county, was established at Abilene in Feb., 1870, by V. P. Wilson.
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Dickinson county was organized in 1858 with the following officers: Commissioners, William Lamb, James Long and William Mulligan; clerk, Dr. Gerot; treasurer, John Lamb; sheriff, Henry Long; register of deeds, John Long. The county board declared Newport the county seat. The records of the territorial era were burned in 1882, but it is known that in 1859, a voting precinct was established at Newport and 20 votes were cast at the November election. By 1860, the population of Dickinson county had increased to 378 and the first regular election was held in the fall.
The Smoky Hill river divides the county nearly in equal parts-the northern and southern. To accommodate the voters on both sides of the river the county commissioners established two voting precincts, one on the north side at Newport and one on the south side at A. J. Markley's house in Union City. The officers had hardly qualified when the county seat agitation began, the contesting points being Union City on the south and Smoky Hill (now Detroit), Abilene and New- port on the north side of the river. The settlers on the south side were fewer than those on the north side, but were united, while those on the north side were divided. Thompson and Hersey saw that, unless the people north of the river united, the county seat would go south of the river. A compromise was effected by which the settlers on Chapman's creek withdrew their support from Newport in favor of Abilene, and thus it became the seat of justice. The election took place in 1861. In 1870 a brick and stone court-house was built at the corner of Broadway and Second streets. On Jan. 17, 1882, the court-house burned and nearly all the county records were destroyed, except those of the register of deeds, which were in another building. A new court-house was soon contracted for at a cost of $30,000 and was ready for occupancy late in the year.
The first railroad to enter the county was the Kansas Pacific, built along the valley of the Smoky Hill in 1866. At the present time the Union Pacific railroad crosses the county from east to west. passing through Abilene, with a branch south from Detroit. The Atchison, To- peka & Santa Fe crosses the southern boundary a few miles west of the southeast corner, traverses the county in a northwesterly direction, and at Abilene branches, one line running west into Saline county, the other running northwest to Concordia. A line of the Chicago, Rock Island & Pacific system crosses the southeast corner of the county, with a branch from Herington to Abilene and Salina. A line of the Missouri Pacific crosses the southern part of the county, east and west, passing through Herington. These lines give the county more than 152 miles of main track road.
Dickinson county is divided into the following townships: Banner, Buckeye, Center, Cheever, Flora, Fragrant Hill, Garfield, Grant, Haynes, Holland, Hope, Jefferson, Liberty, Lincoln, Logan, Lyon, Newbern, Noble, Ridge, Rinehart, Sherman, Union, Wheatland and Willowdale. The surface of the conutry is gently rolling prairie which breaks into
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bluffs along some of the streams. River valleys average 2 miles in width while the valleys of the creeks are only about a mile in width. This "bottom land" comprises about a quarter of the total area and the soil is rich and deep growing somewhat thinner on the upland. Timber- mostly walnut, ash, elm, hackberry, burr oak, cottonwood, hickory, honey-locust, box-elder and sycamore-is found along the streams. The largest water course is the Smoky Hill river, which flows across the county from west to east, a little north of the center. This stream, with its tributaries, the most important of which are Chapman's, Turkey and Vine creeks, waters all of the county. A few springs exist and good well water is found at a depth of 30 feet. The county is well adapted to agriculture, the principal crops being winter wheat, corn, and other grains. Tame grasses and prairie hay are also important products and Dickinson ranks high as one of the great stock raising counties. There are more than 225,000 bearing fruit trees, about half of which are apple. An excellent quality of limestone is abundant; mineral paint and clay for brick and pottery is found near Abilene; gypsum is plentiful in the southwest and is extensively utilized. Salt water is found at Solomon, in the western part of the county and in Hope township in the south- west. There are two mineral springs at Abilene supposed to have medi- . cal properties and the water is bottled and shipped to some extent.
Abilene, on the north bank of Smoky Hill river 169 miles west of Kansas City, is the county seat and largest town. The population of the county in 1910 was 24,361, a gain of 2,445 during the preceding decade. The value of farm crops in the same year was $3,293,338, and of all ag- ricultural products $5,610,505.
Dighton, the county seat of Lane county, is centrally located on the Great Bend & Scott division of the Atchison, Topeka & Santa Fe R. R. 96 miles west of Great Bend. The land which forms the town site was. entered by W. A. Watson in the spring of 1879 and a postoffice was es- tablished the same year, but six years elapsed before the town began to. grow. In May, 1885, there were only three houses and seven voters in Dighton, but the prospects of early railroad communication brought an influx of population. On Feb. 18, 1886, R. W. Montgomery issued the initial number of the Dighton Journal, which states that there then were 70 buildings and a population of 350, with about 50 new buildings in process of construction. The expectations of the founders at that time have not been realized, though Dighton is one of the active, energetic towns of western Kansas. It has a national and a state bank, a money order postoffice, a flour mill, a grain elevator, 2 weekly newspapers (the Journal and the Herald), graded public schools, the county high school, a hotel, several well stocked mercantile establishments, Bap- tist, Christian and Methodist churches, telegraph and express service, a cornet band, and is connected with the surrounding towns by tele- phone. It is an incorporated city of the third class, and in 1910 reported a population of 370. The population in 1900 was only 194, and the gain during the ten years has been of a permanent and substantial char- acter.
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Dildine, an inland hamlet of Wilson county, is located in the extreme northeastern corner of the county 21 miles from Fredonia, the county seat, and about 5 miles north of Vilas, the nearest railroad station. It receives its mail from Chanute in Neosho county.
Dillon, one of the larger villages of Dickinson county, is a station on the Missouri Pacific R. R. on the line between Jefferson and Ridge town- ships, about 16 miles south of Abilene, the county seat. The railroad name is Swayne Station. Dillon has a money order postoffice with one rural route, a creamery, a flour mill, some well stocked general stores, express and telegraph service, telephone connections, Methodist and Presbyterian churches and a good public school building. The popula- tion in 1910 was 161.
Dillwyn, a small village in the western part of Stafford county, is in Richland township, 8 miles west of St. John, the county seat. It is a station on the Hutchison & Kinsley cut off of the Atchison, Topeka & Santa Fe R. R., has a money order postoffice, express and telegraph offices, telephone connections, a grain elevator, some good general stores, and in 1910 reported a population of 30.
Dinas, a rural money order postoffice of Harrison township, Wallace county, situated near the head of Hackberry creek, about 15 miles south- cast of Sharon Springs, the county seat and most convenient railroad station. The population in 1910 was 27.
Dispatch, a small hamlet of Smith county, is located on Oak creek, about 20 miles southeast of Smith Center, the county seat. Mail is re- ceived by rural delivery from Cawker City. Downs is the nearest rail- road station.
Division, a rural postoffice of Lane county, is about 14 miles south of Dighton, the county seat and most convenient railroad station.
Divorce Laws .- In the territorial days divorces between unharmonious husbands and wives were granted by acts of the legislature, but when Kansas became a state and the constitution was adopted, establishing the various departments of justice, the power to grant divorce was vested in the district court, subject to regulation by law. Under the code or civil procedure "an action for divorce, or to annul a contract of mar- riage, or for alimony, may be brought in the county of which the plaintiff is an actual resident at the time of filing the petition or where the de- fendant resides or may be summoned." (G. S. 1901 p. 4484.) The causes for which. the district court may grant a divorce are as follows: I- when either of the parties had a former husband or wife living at the time of the subsequent marriage; 2-abandonment for one year ; 3- adultery ; 4-impotency ; 5-when the wife at the time of the marriage was pregnant by another than her husband; 6-extreme cruelty ; 7- fraudulent contract ; 8-habitual drunkenness ; 9-gross neglect of duty ; IO-the conviction of a felony and imprisonment in the penitentiary therefor subsequent to the marriage. (G. S. 1909.)
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