USA > Kansas > Anderson County > The history of Anderson County, Kansas, from its first settlement to the Fourth of July, 1876. > Part 10
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of December. 1867 : and the said railroad company shall receive the said seventy-five thousand dollars in bonds in lieu of the bonds voted on said 23d day of December, 1867.
. And further, that the said county of Anderson shall subscribe the remainder of said one hundred and seventy- five thousand dollars to the capital stock of the Missouri River, Ft. Scott & Gulf railroad company. or any other railroad company that will build said road ; said stock to be subscribed on condition that said railroad company shall first construct a continuous line of railway from Kansas City. Missouri. via Olatha, Paola and Greeley. to the town of Garnett, and have said road fully equipped with all necessary railway stock to accommodate the busi- ness of said road : And provided further. That said railroad company shall erect and maintain their depot within one hundred and sixty rods of the public square in the town of Garnett : and further. that said railroad com- pany shall have their road built and in operation to the town of Garnett on or before the first day of January, 1870.
" Said stock not to be subscribed to either of said rail- road companies or the bonds to issue in payment therefor until the company has constructed its road as aforesaid, and in the time specified herein : the bonds to be issued in payment of said stock to run thirty years from the date thereof. bearing interest thereon at the rate of seven per rent. per annum, payable annually. on the first day of July."
April 13. 1869, the board of county commission- ers canvassed the vote of said special elections with the following result :
Monroe township-298 for, 43 against ; Walker township-87 for, 50 against ; Washington town- ship-35 for, 14 against ; Reeder township-I for, 115 against : Ozark township-13 for, 35 against :
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Jackson township-48 for. 30 against ; total-479 for. 287 against ; majority for the bonds, 192.
" Thereupon it is hereby ordered that the bonds as afore- said be issued to said railroad companies, according to the conditions upon which said propositions were sub- mitted."
August 11, 1869, the board of county commis- sioners in special session made the following order :
"Ordered, by the board, that a special election be held in the several voting precinets in the county of Anderson. on Monday, September 13, 1869, whereat shall be submit- ted to the qualitied electors of said county for adoption or rejection : Shall the county of Anderson subscribe two hundred thousand dollars to the capital stock of the Leav- enworth. Lawrence & Galveston railroad company, and issue the bonds of the county in payment therefor ? Said bonds payable thirty years after their date, bearing in- terest at the rate of seven per cent. per annum, payable annually. Said bonds to bear date of January the 1st. 1870. and to be issued and delivered to said railroad com- pany on the 1st day of January. A. D. 1870, and before that time it the railroad company shall on or before that time have its line of railway completed to the town of Garnett. in said county ; and if said line of railway shall not be completed thus far by that time, then said bonds to be issued and delivered when said line of railway is com- pleted to the town of Garnett, in said county : Provided. The county of Anderson be released from all propositions or votes taken to subscribe stock or issue bonds to said railway company. Electors desiring to vote on the above proposition shall have their tickets written or printed as above, and shall add thereto for or against the subscription of stock to the Leavenworth, Lawrence & Galveston rail- road company. as the elector may desire to vote.
"SECOND PROPOSITION.
"Shall the county of Anderson subscribe one hundred
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and twenty-five thousand dollars to the capital stock of the Paola & Fall River railroad company. the bonds of the county to be issued in payment thereof? Said bonds to be payable thirty years after date. and to bear interest at the rate of seven per cent. per annum. payable annually. and to be issued and delivered to said railroad company on or before the first day of January, 1871 : Provided. Said railroad company shall, on or before that time. construct a line of railway from Paola, in Miami county. Kansas, Via Greeley. in Anderson county, to the town of Garnett. in Anderson county. and the county of Anderson be released from all obligations on account of a vote taken April 6. 1869. to subscribe stock to said railroad company."
On the 17th day of September, 1869, the board of county commissioners met and canvassed the vote of the special election of September 13, with the following result :
On the proposition to subscribe stock to the Leav- enworth, Lawrence & Galveston railroad company : Jackson township-23 for, 40 against : Ozark town- ship-7 for, 32 against : Walker township-104 for. 32 against ; Washington township-28 for, 6 against : Monroe township-389 for, 16 against; Reeder township-o for, 246 against ; whole number of votes, 923 ; for the bonds, 551 ; against, 372 : major- ity for the bonds, 149.
On the proposition for the bonds to the Paola & Fall River railroad : Jackson township-28 for, 35 against ; Ozark township-9 for, 30 against ; Walker township-110 for, 22 against : Washington town- ship-28 for, 6 against ; Monroe township-388 for. 16 against ; Reeder township-3 for. 243 against ;
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whole number of votes cast, 918 : for the proposi- tion. 566 : against the proposition, 352 : majority for the bonds. 214.
" The above propositions having each received a ma- jority of all the votes cast. we hereby declare that the county commissioners of said county are authorized to subscribe stock to said railroad companies according to the propositions hereinbefore recorded on the journal of said board."
The bonds of Anderson county, to the amount of two hundred thousand dollars, were issued to the Leavenworth, Lawrence & Galveston railroad com- pany on the 5th day of November, 1869, and de- livered to James F. Joy, to be delivered to the rail- road company when the road should be completed to Garnett. On the Sth day of July, 1870, M. R. Baldwin, superintendent of the L., L. & G. railroad company, certified that the road was completed to Garnett on the first day of March. 1870 ; and there- upon the board made an order on James F. Joy to deliver said bonds to the railroad company.
August 11, 1871, the board of county commis- sioners, at a special meeting, made the following order :
" Shall the county commissioners of Anderson county. Kansas, subscribe one hundred and sixty thousand dollars to the capital stock of the Paola & Fall River railway company, and issue the bonds of the county in payment therefor ? Said bonds to be dne and payable in thirty years from the date thereof, with interest coupons attached. drawing interest at the rate of seven per cent. per annumn. Said interest to be paid semi-annually, on the first days of
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Jannary and July of each year. One hundred thousand dollars of the said bonds to be delivered when the Paola & Fall River railway company shall construct and complete the grading and masonry work upon their line from the city of Paola, in Miami county. to the city of Garnett, in Anderson county ; and sixty thousand dollar, of said bonds to be delivered when the Paola & Fall River railway shall have completed the grading and masonry work to the western line of Anderson county : Provided. however, That no bonds shall be delivered until the Paola & Fall River railway company shall give good and suffi- vient guarantees for the immediate and entire completion of the work by responsible parties, for putting thereon the iron and the necessary rolling stock, without any ad- ditional franchise from the county. and making the Paola & Fall River railway in all respects a first-class railroad. with full equipments for the transportation of freight and passengers : And provided further, That sufficient guar- antees shall be given for the establishment and mainten- ance of depots at not less than three places in Anderson county-one of which shall be in the town of Greeley, and one in the city of Garnett, and one between Garnett and where the said railway shall intersect the western line of Anderson county, and to be not less than eight miles from the city of Garnett."
On the 15th day of September, 1871, the board of county commissioners met and canvassed the vote of the special election, with the following re- sult :
Rich township-21 for, 53 against : Ozark town- ship-15 for, 25 against : Washington township-27 for, 20 against ; Monroe township-453 for, 30 against ; Lincoln township-24 for. 6 against : Reeder township-1 for, 73 against ; Walker town-
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ship-96 for. 29 against ; Jackson township-33 for. 21 against : Putnam township-15 for, 26 against : whole number of votes cast, 968; for the proposi- tion, 685 : against the proposition, 283 ; majority for the subscription of stock and issue of bonds, 402.
The railroad indebtedness of the county to aid railroad companies in the construction of their roads is as follows : Two hundred thousand dollars issued to the Leavenworth, Lawrence & Galveston railroad company : dated January 1, 1870, payable thirty . years after the date thereof, bearing interest at the rate of seven per cent. per annum : interest payable annually.
There is now one hundred and sixty thousand dollars of the bonds of Anderson county in posses- sion of the Treasurer of State, issued to the Paola & Fall River railway company, dated April 1, 1874. payable thirty years after the date of issue thereof. bearing interest at the rate of seven per cent. per annum : interest payable semi-annually from their delivery. These bonds are in escrow, to be deliv- ered when all the conditions on which they were voted have been complied with. The legality of the issue of these bonds has been questioned, and a suit is now pending in court for the return of the bonds to the board of county commissioners, and for their cancellation.
CHAPTER XVII.
Garnett-Contest Over the Townsite-Removal of f. Y. Campbell, Probate fudge-Appointment of Charles Hidden-Pre-emption of the Townsite- Public Buildings-Business Houses-Business Men -Successive City Officers and Postmasters.
IN the fall of 1859 the Commissioner of the Gen- eral Land Office made an order cancelling the entry of the towns of Garnett and Troy. As soon as the papers were forwarded from the Lecompton land office to the General Land Office at Washington, the commissioner discovered that a whole section had been pre-empted for town purposes, and was in violation of the act of Congress of 1844. The cancellation of these pre-emptions left the occupants of the two townsites residing on government land, with town improvements. Dr. John B. Chapman entered upon the south half of the old Garnett town- site, and claimed it under the pre-emption law of 1841 ; and W. A. Johnson settled the north half of the old townsite of Troy, and claimed it under the same act; and both Chapman and John- son established their right to pre-empt the land claimed by them.
On the 4th day of April, 1860, the persons resid-
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ing on the north half of the south half and the south half of the north half of section 30, township 20, range 20 ( that being the north half of the former townsite of Garnett and the south half of the former townsite of Troy), associated themselves together as a town company, under the name of "The Town Company of Garnett," with a capital stock of $8,000, divided into two hundred shares of forty dollars each, for the purpose of obtaining a title to the lands included in the townsite.
On the 9th day of April, 1860, a certificate of in- corporation was made and filed with the Secretary of the Territory, as follows :
"This is to certify that we, the undersigned persons. have this day associated ourselves together and organized ourselves into a town company, under the general incor- poration act of the Territory. to be styled 'The Town Company of Garnett,' with a capital stock of eight thon- sand dollars, for the purpose of obtaining. by pre-emption or otherwise, the title to the north half of the south half and the south half of the north half of section 30. town- ship 20, of range 20, and to improve the same.
"D. W. HOUSTON. ".B. D. BENEDICT. "JJ. G. SMITH. "C. P. ALVEY. .G. W. ILER. "W. A. JOHNSON. "M. J. ALKIRE. "B. F. RIDGEWAY."
This was acknowledged before Charles Hidden, a justice of the peace, and the certificate was duly filed in the office of the Secretary of the Territory on the 14th day of May, 1860.
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The company, so organized, opened books for the subscription of stock. The following are the stockholders of the company, and the number of shares held by each : H. Cavender, C. J. Farley, J. B. Stitt, C. Hidden, A. Simons, J. L. Kercheval, G. A. Cook, J. C. Johnson, William Lampman, J. G. Smith, A. W. Ross, W. A. Johnson, H. Tefft, L. F. Busenbark, M. J. Alkire, Chris. Bowman, J. H. Howard, D. W. Houston, B. D. Benedict, Martin Setter, George W. Iler, J. Q .. Tefft, John Johnston, Henry Neal, T. Lindsay. C. P. Alvey, B. F. Ridge- way, John Tefft, John S. Stowe, Harvey Springer, Hugh Quinn, four shares each ; D. Frankenberger, J. R. Slentz, R. Mclaughlin, Wm. McLaughlin, Robert Beck, J. Graham, F. G. Bruns, Joseph Wilhite, D. Bowman, George Tefft, John Parson, J. M. Alvey, S. J. Crawford, Junius Duran, Gifford McAfee, James McLaughlin, S. B. Miller, Joseph Embry, A. McAfee, William Tefft, A. Rudd, Miram Pennock. N. Porter, Samuel Isaac, John Parker, three shares each ; and G. W. Arrell, one share.
The stockholders proceeded to elect the following persons as directors : D. W. Houston, J. G. Smith, C. P. Alvey, G. W. Iler, B. D. Benedict, G. A. Cook, W. A. Johnson and Thomas Lindsay; and the directors so chosen elected D. W. Houston, president ; B. D. Benedict, vice president ; J. G. Smith, secretary ; and C. P. Alvey, treasurer.
The company proceeded to have the townsite sur-
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veyed and laid off in streets, alleys, blocks and lots : and caused a plat to be made, duly signed and ac- knowledged by the president, and filed for record in the office of the register of deeds of the county. The company then made application to J. Y. Camp- bell, probate judge of the county, requesting him to pre-empt the townsite for the use and benefit of the occupants thereof, for their several use and benefit, according to their respective interests.
Judge Campbell, being the agent and attorney of the old Louisville Town Company, refused to do so.
On the refusal of the probate judge to pre-empt the townsite as requested by the company, they petitioned him to grant an order declaring them a municipal corporation.
Although the petition was signed by more than two-thirds of the legal electors of the town, the Judge refused to make the order. The citizens held a mass meeting and appointed a committee, consis- ting of G. A. Cook, A. Simons and B. F. Ridge- way, to confer with the Judge, and ask him to grant the incorporation, but he still refused. The meet- ing then appointed a committee of fifteen to consult with him on the matter, but he still was obstinate and refused to grant the incorporation. Then the citizens applied to the Territorial Legislature, at its session in 1861, for a charter of incorporation ; and the House passed a bill in the early part of the ses- sion incorporating the town of Garnett. As soon as Judge Campbell learned that the effort was being
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made to have the town incorporated by the Legis- lature, he went before the Council and succeeded in defeating the measure before that body. So, at the close of the session of the Legislature in the winter of 1861, the citizens on the townsite were left in un- certainty as to the title of their possessions.
Judge Campbell having been elected under the Wyandotte constitution, was to enter upon the duties of the office, under the State organization, for a term of two years.
Matters began to assume a serious aspect ; there were about five hundred inhabitants residing on land to which they were justly and equitably entitled to have a clear title, but were kept out of it by the ac- tion of the probate judge. Thus matters remained until September, 1861, when the citizens requested D). W. Houston and W. A. Johnson to investigate the matter and see what steps could be legally taken to secure the rights of the citizens to their homes : and on examination of the county records it was discovered that Campbell had not qualified as pro- bate judge in all respects according to law, so they procured certificates and affidavits of that fact and presented the matter to Governor Robinson, with a request for the appointment of Charles Hidden to the office of probate judge. The Governor, after examining the whole case, was satisfied that a va- cancy existed, and commissioned Charles Hidden as probate judge for the county.
The commission came late in the evening, and
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.
Hidden qualified that night, and next morning called on Campbell for the books and papers belonging to the office, which he refused to deliver up, so that it became necessary to get them by legal proceed- ings. Application was made to Judge S. O. Thacher for an order for the recovery of the books and rec- ords of the office. Campbell was duly notified of the application, and appeared at Lawrence and strenuously resisted the application : but, on a full hearing, Judge Thacher granted the order, and ad- dressed it to G. A. Cook, sheriff of Anderson county, directing him to seize the property and books belonging to the office and deliver the same to Charles Hidden, probate judge. From the judg- ment and order of Thacher, Campbell appealed to Thomas Ewing, chief justice of the Supreme Court.
On receiving the order Sheriff Cook proceeded to execute the same ; but on entering the office found nothing but the seal of the court and an empty desk. The seal had been left on the table by mistake. Cook notified Campbell of his business, and seized the seal ; Campbell forbade him taking it, claiming it to be private property, whereupon Cook made an impression with the seal, which showed it to be the seal of the probate court, and took the seal, together with the desk, and delivered them to Hidden.
On the 7th day of October, 1861, Charles Hid- den, probate judge of Anderson county, by an or- der duly made, declared the town of Garnett a municipal corporation, in pursuance of the provis-
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ions of a law of Kansas, entitled, "An act for the incorporation of towns and villages." approved February 1. 1859, in the name and style of the "In- habitants of the Town of Garnett." and at the same time appointed as trustees of the town, G. W. Iler. Thomas Lindsay, G. A. Cook, B. F. Ridgeway and William McLaughlin. The trustees thus ap- pointed met and qualified on the same evening, and organized by selecting G. W. Iler chairman, and G. W. Arrell as secretary. On the 17th day of Octo- ber, 1861, the chairman of the board of trustees pre-empted the townsite, in trust for the several use and benefit of the occupants thereof.
At the January term of the Supreme Court. 1862. the appeal taken by Judge Campbell was argued before Chief Justice Ewing, by Nelson Cobb for Campbell, and W. A. Johnson for Hidden. The Chief Justice took the case under consideration for about two weeks, and finally affirmed the order made by Judge Thacher, which put at rest the pro- bate judgeship of Anderson county, and the title to the townsite.
During the two years that the title of the townsite was kept in a state of uncertainty by the obstinacy of the probate judge, very little improvement was made and but few settlers located in the town. Then came the rebellion, that kept all improvements from progressing for several years, until the close of the war.
In 1858 the old Garnett town company built a
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school house on the northwest corner of Seventh avenue and Oak street, and donated it to school district No. 2. This was the first public building in the town. It was used for all public meetings and for court purposes for three or four years. In 1862 the district sold the building to H. Cavender for $300, and built a two-story frame building on the corner of Third avenue and Cedar street, at a cost of $3,500. In 1874 the district built a brick school house, with stone basement, on the southwest cor- ner of Third avenue and Pine street, at a cost of $30,000. This is one of the best school houses in this part of the State.
In 1864 a stone building was built on the public square, two stories high, for a jail and jailer's resi- dence, at a cost of $3,000.
F. G. Bruns opened a furniture store on the cor- ner of Sixth avenue and Cedar street in 1857, and has continued in the business to the present time. now in partnership - with O. Fabricius, on Fifth avenue.
Martin Setter established a boot and shoe shop on Sixth avenue in 1858, and has remained in the busi- ness since, and is now on Fifth avenue.
Thos. J. Owen opened a saloon on Pine street in the spring of 1859.
J. T. Purcell started a harness and saddle shop on the northeast corner of Fifth avenue and Pine street in 1858, and is now carrying on his business
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on Fifth avenue, on the south side of the public square.
G. W. Iler and J. G. Smith opened a dry goods store on the southeast corner of Seventh avenue and Pine street in the summer of 1859, and continued till 1861, and sold to W. O. Cloud, who continued the business until 1866, when he removed the build- ing to Fifth avenue, on the south side of the public square, where he continued his business for a few years, until declining health compelled him to retire to private life. He died in 1868.
C. P. Alvey opened a dry goods store in May, 1859, on Sixth avenue, in the house now occupied by L. Kolb as a residence. In 1860 he removed into a two-story frame building on the northwest corner of Fourth avenue and Pine street, which he used as a dwelling and store until 1867, when he moved his store into his new stone building on the southwest corner of Fourth avenue and Oak street, where he continued his business until 1869.
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G. W. Iler and W. J. Bayles formed a partner- ship in 1866, and opened a store as general mer- chants on Fifth avenue, on the south side of the public square, which was the first store building erected on the public square, where they continued their business for several years.
The Garnett House, on the southwest corner of Fourth avenue and Walnut street, was built in 1858 by D. W. Houston, and opened as a hotel by Hiram Tefft in the fall of the same year. It was the first
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hotel in the town. There have been several addi- tions built to the building since.
Bruns' Hall, a two-story frame building on the southwest corner of Sixth avenue and Cedar street. was the first hall in the town. It was built in 1860, and was used for public purposes and for a court room ; and the Masons and Odd Fellows occupied it for several years, where both societies were or- ganized. It is now partitioned into small rooms, and occupied by George Vines as a dwelling.
John S. Stowe opened the first meat market, in 1860.
John Porter built a two-story frame dwelling on Fourth avenue, north side of the public square, in 1859 ; the house now owned by E. S. Niccolls.
William Lambert started a blacksmith shop in the spring of 1859.
Harvey Springer opened a wagon shop in 1859, and is still engaged in the same business.
H. C. Moler built a two-story frame building on the northwest corner of Seventh avenue and Pine street, in 1863, and opened a dry goods and grocery store, and continued to do business there until 1867, when he removed his building to the northwest cor- ner of Fifth avenue and Oak street; but soon after sold it, and it is now owned by W. H. Lott.
C. P. Alvey built a two-story stone building on the southwest corner of Fourth avenue and Oak street in 1866. This was the first stone business house erected in the town. The second story was
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used for several years for a court room and public meetings ; but has been partitioned into rooms and occupied as offices.
C. E. Dewey built a two-story frame house on the southwest corner of Seventh avenue and Main street in 1866, and opened a boarding house the same fall, which he has occupied until the present.
L. Kolb opened a saloon on Sixth avenue in 1860, and has been engaged in that business and in keep- ing restaurant ever since.
John Dunn opened a drug store on the northeast corner of Fourth avenue and Pine street in 1865, and sold it to C. P. Alvey, who sold it to B. F. Pattee and D. R. Pattee in 1866, who remained in that business for four or five years:
L. F. Busenbark opened a stove and tin shop on the northeast corner of Seventh avenue and Pine street in 1860.
Isaac Morley started a blacksmith shop on Fourth avenue in 1859, and continued it until 1861.
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