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, Volume II > Part 48
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The free-state men lost about six men killed or captured, and several more were seriously wounded. It is supposed that the Missourians suffered about the same number in dead and wounded, although it was never definitely known.
Osawatomie State Hospital .- The first territorial legislature in 1855 passed an act providing for the appointment of guardians for persons of unsound mind, and in 1859 the provisions of the law were extended to include habitual drunkards. Guardians of such persons were required to assume the management of any estate owned by the ward, and to report to the proper judicial authorities at stated times. The first step toward the erection of an asylum for the insane of Kansas was the passage of the act of March 2, 1863, naming William Chestnut of Miami county, I. Hiner of Anderson county, and James Hanway of Franklin county as commissioners "to determine the location of the State Insane Asylum of the State of Kansas." The commissioners were somewhat restricted in the selection of a site, the act confining them to "some point within the township of Osawatomie township, in the county of Miami." It was further provided that a tract of land, not less than 160 acres, should constitute the site of the proposed insti- tution, and that title to this land should be secured by donation. No appropriation was made for the erection of buildings until after the location was selected and approved.
On Oct. 17, 1863, the commissioners reported as follows: "We, the undersigned appointed commissioners to locate the state insane asylum, met at Osawatomie, Kan., on the 7th day of October, A. D., 1863, and selected the southeast quarter of section 2, township 18, range 22, for the reason that this was the only eligible site where a proper title could be obtained with the means at command of the township, and other material advantages for the establishment of such an institution."
The tract of land selected by the commissioners is situated about a mile north of the city of Osawatomie, on the opposite side of the Marais des Cygnes river. It was donated by the people of Osawatomie town- ship and some years later an additional 160 acres were purchased by
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the state, giving the hospital a full half section of land. The work of the commissioners was approved, and on Feb. 14, 1865, an act was passed providing for the appointment of three trustees by the gov- ernor, only one of whom could be a resident of Miami county. The first building was erected in 1866. It was a small two-story frame structure and cost about $500. Toward the latter part of the year the institution was opened for the reception of patients, with Dr. C. O. Gause as superintendent and Mrs. Gause as matron. At last Kansas had an insane asylum. Two years later the two wards-one for men
OSAWATOMIE STATE HOSPITAL.
and the other for women-each accommodating 12 patients, were filled, and the state was compelled to erect additional buildings for the accommodation of more patients. From that time the growth of the institution has been steady, until in 1910 the property held by it was valued at $1,000,000. The farm has been increased to 720 acres ; a main building includes the administration offices, the chapel, which seats 600 people, dormitories for a large number of the employees, and quar- ters for about 450 patients; the Knapp and Adair buildings, similar in design and equipment, each accommodate 300 chronic cases, the former being set apart for men and the latter for women; and there are shops, boiler house, electric light and power plant, ice house, bakery, laundry, barns, green houses, a reservoir for a water supply, etc. In 1901 a new infirmary was erected at a cost of $50,000, and since then the institution has been supplied with a tuberculosis pavilion. The original building of 1866 has been removed to the rear of the east wing of the main building, where it is used as a residence for the head farmer and is known as "The Lodge." There is also an amusement hall.
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KANSAS HISTORY
On March 8, 1880, fire broke out in the attic of the executive build- ing and before the flames could be extinguished the entire interior of the building was in ruins. It was soon repaired, however, and the loss served as a stimulus to the state to provide better fire protection. The superintendents of the hospital have been C. O. Gause, C. P. Lee, A. H. Knapp, A. P. Tenney, L. F. Wentworth, T. C. Biddle, Thomas Kirk, Jr., and L. L. Uhls. Of these Dr. Knapp served about half the half time covered by the history of the institution.
Osage River, one of the historic water-courses of eastern Kansas, has its source in the southern part of Wabaunsee county. It flows east- ward through Osage and Franklin counties into Miami, where it changes its course toward the southeast and crosses the state line near the center of Linn county. From there it continues eastward through the counties of Bates, St. Clair, Benton, Camden and Miller, in the State of Missouri, and finally empties into the Missouri river a few miles below Jefferson City. In high water it is navigable for small boats for a distance of about 200 miles. Its upper course is sometimes called the Marais des Cygnes, along whose banks were enacted some of the most tragic events of the "Border War."
Osborn, Thomas A., governor of Kansas from 1873 to 1877, was born at Meadville, Pa., Oct. 26, 1836. During his boyhood he attended the common schools, and at the age of fifteen years entered a printing office and learned the trade of compositor. While serving his appren- ticeship he saved his money, entered Allegheny College, and paid his way through that institution with money earned at the printer's case during vacations. In 1856 he began the study of law with Judge Der- rickson of Meadville and the following year he removed to Michigan, where he was admitted to the bar. In Nov., 1857, he came to Law- rence, Kan., where he found employment with the Herald of Freedom as typesetter, assistant foreman and temporary editor. He remained with the paper until in March, 1858, when he began the practice of law at Elwood, Doniphan county. Although but a few months past his majority, he was an ardent free-state man, and soon after locating at Elwood he became an active factor in shaping the political destinies of Doniphan county. On Dec. 6, 1859, he was elected state senator from the county to the first state legislature, which met in March, 1861. At the second session of this legislature, in 1861, Mr. Osborn was elected president of the senate over John J. Ingalls, and while holding this position he presided over the impeachment trials of the governor, secretary of state and auditor. In Nov., 1862, he was elected lieutenant-governor on the Republican ticket, and in April, 1864, he was appointed by President Lincoln United States marshal for the dis- trict of Kansas. He then removed to the city of Leavenworth. When the difference of opinion arose between President Johnson and Con- gress in 1867 Mr. Osborn advocated the Congressional policy of recon- struction and was removed from the marshalship, but his removal added to his popularity. In 1868 he was a member of the Republican
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state central committee; was elected governor in 1872, and was reëlected in 1874 for the term ending in Jan., 1877. In 1875 he received a number of votes for United States senator, but Preston B. Plumb, with whom he had worked on the Herald of Freedom, was elected. On May 31, 1877, he was commissioned by President Hayes envoy extraordinary and minister plenipotentiary to Chili, and in June he started for Santiago. In 1881 he was promoted to the Brazilian mis- sion, but before leaving Chili he received the public thanks of the gov- ernment for his work in settling the question of boundary between that country and the Argentine Republic. Upon his return home from South America Mr. Osborn became interested in various business enterprises-banking, railroad construction, real estate operations, etc. As early as May, 1866, he had been one of the North Kansas Railroad company, and was a director of the Atchison, Topeka & Santa Fe from the time the company was organized until his death, which occurred at Meadville, Pa., Feb. 4, 1898. He had been to New York to attend a meeting of the railroad directors, and had stopped at Meadville for a short visit with some of his old boyhood friends, when he was attacked by a hemorrhage and died in a few hours. His remains were brought to Topeka and laid to rest by the side of his wife, who had died some years before. She was a daughter of Mark W. Delahay, one of the early judges of the United States district court. One son, Edward D. Osborn, survives the parents and still resides in Topeka.
Osborn's Administration .- On Jan. 14, 1873, the thirteenth state leg- islature met in regular session, at the opening of which Gov. Osborn was inaugurated. Elias S. Stover was at the same time sworn in as lieutenant governor, and by virtue of his office became the presiding officer of the senate. Josiah Kellogg was elected speaker of the house, and on the 16th Gov. Osborn's first message was presented to the gen- eral assembly. It was an interesting document, in that it made a com- parison of the conditions in 1862, the first full year of statehood, with those of 1872. The principal features of this comparison are shown in the following table :
1862
1872
Number of school districts
534
3.418
Number of teachers.
319
3.795
Number of children of school age ..
13,976
165,982
Value of school property
$10,432
$2,845,262
Salaries of teachers.
$14,099
$596,61 I
Amount raised by district tax.
$10,38I
$822,644
Value of all taxable property
$19,285.749
$127,690,937
Number of votes cast.
15,418
101,488
Miles of railroad.
none
2.039
In 1862 the state was without a penitentiary, a state university, an agricultural college, a state normal school, a state capital, asylums for the care of the insane, blind and deaf and dumb, all of which had
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KANSAS HISTORY
been established on a firm foundation during the first ten years of statehood.
"Our vote at the late election," says the governor, "was larger than the vote of either of the states of Maine, New Hampshire, Vermont, Connecticut, Rhode Island, Arkansas, Delaware, Florida, Nebraska, Nevada, Oregon, South Carolina, West Virginia, California or Min- nesota-larger than the vote of any New England state except Massa- chusetts, and larger than the combined vote of Nebraska, Nevada, Rhode Island and Oregon."
In 1872, according to the governor's message, Kansas had more miles . of railroad than either of twenty-six states, including each of the six New England states and all of the Southern states. The state debt was reported as being $1,544,142.75, of which $1,336,675 was in bonds; $201,109 in outstanding state warrants, and $7,142.75 in old territorial warrants. In the matter of finances the governor insisted upon strict economy. "A frugal administration of the affairs of government," said he, "is urgently demanded. The great scarcity of money makes the demand imperative. I urge upon you a careful examination of the laws, with a view of doing away with every unnecessary expense, and you should rigidly scrutinize all measures requiring the expenditure of money."
This was written months before the failure of Jay Cooke & Co. of New York, which failure precipitated one of the greatest financial panics in the history of the country ; and in the industrial depression that fol- lowed, it was no doubt a fortunate thing for Kansas that she had as a chief executive a man with well defined ideas of economy --- one able to distinguish between genuine frugality and parsimony.
On the subject of convict labor Gov. Osborn said: "Complaint has been made that the labor at the penitentiary has been brought into competition with the labor of the mechanics of the state. . .
As a remedy for this evil other states have provided that convict labor should be employed in the production of common articles requiring little skill. This course has also proved profitable, and the institu- tions are fast becoming self-supporting."
He recommended the establishment of a reform school, so that boys convicted of their first offense would not have to be confined with hardened criminals, and pointed out several defects in the state consti- tution, to-wit :
Ist-The limit of the bonded indebtedness of the state to $1,000,000, which had been reached, while several public buildings either com- menced or contemplated could not be completed for lack of power to issue additional bonds.
2nd-That section 1, article 5, was at that time in direct conflict with the constitution of the United States, in denying the negroes the right of suffrage.
3d-The amendment to section 2, article 5, disfranchising certain persons, had been adopted by a small majority; the arguments in its
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favor had ceased to have any force, and he recommended the removal of the restrictions.
4th-As originally adopted section 2, article 2, provided that there should never be more than 100 representatives and 33 senators in the state legislature, while section I, article 10, provided that in all future apportionments of the state for legislative purposes, each county should have at least one representative. Since the last apportionment in 1871, twelve new counties had been organized and the number of 100 had been reached and passed. It would be impossible to comply with the conflicting provisions of the constitution in this particular, give each county a representative and still restrict the number to 100.
5th-"In sixteen of the states," says the message, "the legislatures meet in regular session only once in two years. These states seem to have had too much legislation. Constant changes of laws lead to' con- fusion and promote litigation. The expenses attending an annual ses- sion of the legislature are heavy, and might be diminished one-half by biennial sessions."
Under the provisions of the constitution only three amendments may be submitted to the people in any one year, while in his message the governor suggested five changes. "Other defects," said he, "have been frequently alluded to by my predecessors. As a remedy for these evils it seems to me that the time has come for holding a constitutional convention." (See Constitutional Amendments.)
One of the duties that devolved upon the assembly of 1873 was the election of a United States senator. In his message the governor referred to "reports that have been so generally circulated of the whole- sale purchase of legislatures in our former 'elections," and expressed the hope "that the day is not far distant when senators in Congress will be chosen by a direct vote of the people."
On Jan. 29 the two branches of the legislature met in joint session to ballot for a United States senator to succeed Senator Pomeroy, whose term would expire on the 4th of the following March. Before the vote was taken State Senator Alexander M. York of Montgomery county, announced that on Monday evening, the 27th, he had visited Senator Pomeroy's room in the Tefft House and entered into an arange- ment by which he was to receive $8,000 for casting his vote for Mr. Pomeroy ; that $2,000 was then and there paid to him; that he had received $5,000 more on the 28th, and was to receive the remaining $1.000 after he had cast his vote according to the agreement. The $7,000 he turned over to the chief clerk and asked that the money be used "to defray the expenses of prosecuting the investigation of Samuel C. Pomeroy for bribery and corruption."
This announcement was like the proverbial clap of thunder from the clear sky and stampeded the joint session for John J. Ingalls, who received 115 votes to 2 for ex-Gov. Harvey ; 6 for David P. Lowe: 2 for Sidney Clarke; 2 for Alexander M. York; I for ex-Gov. Robinson, and I for Samuel A. Kingman. On Feb. 4 the house, by a vote of 64
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KANSAS HISTORY
to 8, requested Mr. Pomeroy to resign his seat. The following day the senate, by a vote of 21 to 9, made a similar request, and the house, by a vote of 51 to 39, asked for the resignation of United States Senator Alexander Caldwell, whose election had been investigated by the legis- lature of the previous year. (See Harvey's Administration.)
The question of Mr. Pomeroy's bribery was taken up by the United States senate and referred to a committee, a majority of which reported on March 3, 1873. The report concluded as follows: "The committee, bearing in mind, while examining the evidence, that the whole trans- action, whatever view be taken of it, is the result of a concerted plot to defeat Mr. Pomeroy, and remembering that the burden of proof is on the party making the accusation, have come to the conclusion that Mr. York has not sustained his charge by sufficient proof, con- tradicted as it is by the evidence of Mr. Page and Mr. Pomeroy. (A full report of this committee may be found in the Senate Documents of the Forty-second Congress, second session, Report No. 523.)
On March 6, 1873, Senator Oliver P. Morton of Indiana introduced a resolution in the United States senate that Alexander Caldwell was not legally elected a United States senator from Kansas, and made a strong speech in support of his resolution. On the 24th of the same month Senator Caldwell resigned.
The legislature of 1873 adjourned on March 7. During the session a number of acts defining county boundaries were passed; a Price Raid commission was created; the governor was authorized to appoint a commission of three citizens to visit the various state institutions and report on their condition and general management; a state board of education was established; a law was enacted exempting mortgages from taxation, and a constitutional amendment increasing the num- ber of members of the legislature was ordered to be submitted to the people at the next general election. This amendment, which increased the membership of the house to 123 and the senate to 40, was adopted by the people at the election on Nov. 4, 1873, by a majority of 3,051.
Shortly after the adjournment of the general assembly Gov. Osborn appointed Joseph C. Wilson, Charles Puffer and C. S. Brodbent com- missioners to visit and inspect the public institutions of the state. In December they made detailed reports concerning the state university, the state normal school, the agricultural college, the deaf and dumb, blind and insane asylums, and the penitentiary. The reports showed a list of the lands belonging to each of the educational institutions, the amount of money appropriated by the state to each, and the general conditions attending the management, with recommendations as to needed legislation.
The legislative session of 1874 opened on Jan. 13 with Lieut .- Gov Elias S. Stower presiding in the senate and B. H. McEckron speaker of the house. Gov. Osborn began his annual message by saying: "The growth of the state for the past year has been rapid and continuous, the bulk of immigration having apparently been directed to the western
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and southern portions. Ford, Barbour, Harper, Ness and Comanche counties have been organized under the general law. A significant and cheering indication of the future of the state is found in the gradual extension of settlement and the corresponding extension of the frontier limit."
He then discussed the financial depression that prevailed throughout the country, especially the influence upon the financial condition of the state ; recommended such a change in the tax laws as would reduce the interest on tax-sale certificates from fifty to twenty-five per cent. and making semi-annual payments of taxes optional with the taxpayer; announced that the debenture law contained some very objectionable features and recommended its repeal ; recommended also the repeal of the law exempting mortgages from taxation, because it came in con- flict with the provisions of the constitution; and repeated his recom- mendations for a constitutional convention.
"Recent defalcations of county treasurers," said he, "have directed attention to the necessity of limiting the now absolute control which the custodians of public funds have over those funds. . . . It is for you to consider what, if any, additional checks should be imposed upon our treasurers. It occurs to me that, for instance, a system of dupli- cate accounts might be devised which would render defalcation impos- sible without the concurrence of the clerk."
He likewise suggested monthly examinations of accounts by author- ized persons, and announced that on Nov. 26, 1873, he had appointed Robert Crozier United States senator to fill the vacancy caused by the resignation of Alexander Caldwell, until such time as the vacancy should be supplied by the general assembly. On Jan. 27, 1874. the first ballot for a senator to succeed Mr. Caldwell was taken by the legis- lature, but as no one received a majority of all the votes cast, the bal- loting was continued daily until Feb. 2, when ex-Gov. James M. Harvey was elected.
In his report for the year ending Nov. 30, 1873, State Auditor Wilder charged State Treasurer Josiah E. Hayes with certain "official irregu- larities." and on Jan. 19, 1874, the house adopted a resolution, intro- duced by A. H. Horton, authorizing the committee on state affairs to investigate the "official action of said treasurer, as also the condition of the treasury of state." The report of this committee may be found on page 527 of the House Journal of 1874, and concludes as follows : "Resolved, That Josiah E. Hayes, treasurer of the State of Kansas, be and is hereby impeached for high crimes and misdemeanors in office." The testimony taken by the committee would indicate that the conditions then existing were due to weakness in the laws of the state relating to the public funds, in not prescribing more specifically how they should be cared for, and to the fact that the treasurer was negligent, if not incompetent, rather than to any wilful criminal intent on his part. Notwithstanding this, impeachment managers were appointed, but on May I Albert H. Horton wrote to Lieut .- Gov. Stover
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KANSAS HISTORY
that Mr. Hayes had resigned, and that "the board of managers have decided that it is an unnecessary expense to call witnesses before the senate, and ask you to recall the subponas issued and notify the wit- nesses that they need not appear. On the convening of the senate we shall announce to the court the resignation, and shall state that we do not deem it advisable to proceed with an expensive trial."
This ended the impeachment proceedings against Mr. Hayes, and on the same day Judge Horton's letter to Mr. Stover was written John Francis of Iola was appointed state treasurer for the unexpired term.
On Feb. 4 Gov. Osborn sent to the legislature a special message relating to the atrocious murders committed by the Bender family (q. v.), and an appropriation of $1,975 was made to defray the expenses of pursuit and of bringing the criminals to justice. Another special message on March 4 related to the county seat difficulties in Howard county.
John A. Martin, United States Centennial commissioner for Kansas, and George A. Crawford, alternate, united in a recommendation that a state board of managers be created by the legislature, to cooperate with them in securing a proper exhibit, etc. The result was the pas- sage of the act of March 9, authorizing the governor to appoint five state centennial managers, who with the United States commissioner and alternate commissioner of Kansas "shall have to care for the inter- ests of the state and of its citizens in matters relating to the inter- national exhibition at Philadelphia," etc. (See Expositions.)
The legislature adjourned on March 10. Among the acts passed during the session were the following: Appropriating a sum of money to test the title to the Osage ceded lands; defining the boundaries of a number of counties; authorizing the governor. secretary of state and auditor "to designate some bank in the city of New York as a state agency for the payment of bonds and coupons issued by the State of Kansas, or any county, township, city or school district in said state, which are by their terms made payable in the said city of New York." A law prohibiting lotteries was passed; the act exempting mortgages from taxation was repealed ; semi-annual payment of taxes was provided for, and the state was divided into three Congressional districts (q. v.).
The political campaign of 1874 was opened by what was known as the "Independent Reform" movement-an organization composed of all the elements opposed to the Republican party-in a state convention at Topeka on Aug. 5. The platform adopted arraigned the administra- tion for prodigality and wasteful extravagance;" for the "innumerable frauds perpetrated under its authority;" for its "incapacity to meet the vital question of the day," and especially denounced the legislature for "having failed to provide for the speedy removal of defaulting treas- urers from office, and their punishment for malfeasance in office."
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