History of Harrison County, Missouri, Part 7

Author: Wanamaker, George W., 1846-1921
Publication date: 1921
Publisher: Topeka : Historical Pub. Co.
Number of Pages: 914


USA > Missouri > Harrison County > History of Harrison County, Missouri > Part 7


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The county court held its first session under a big tree on the west bank of Big Creek near Harris mill and many citizens were present, being deeply interested and attracted by the novelty of the situation. The opening proceedings were duly formal, proclamation of the opening being made by Sheriff Brown in his usual dignified manner and with a solemnity befitting the occasion. Samuel Edmiston was chosen presid- ing justice and the court then proceeded to the transaction of such busi- ness as came within the sphere of its jurisdiction.


In the little, faded, stained book of record of this meeting appear the following entries :


"State of Missouri, County of Harrison:


"Be it remembered that at a county court begun and held at Harris's mill on the 5th day of May, 1845, were present Hon. Samuel Edmiston, Asaph Butler and Lewis Charlton, justices of said county court, and Thomas Flint, clerk.


"John W. Brown presents the account of Ebenezer Wood for eight days' service in locating the seat of justice of Harrison County at $2.00 per day. Ordered by the court that the account be allowed and a war- rant issued on the treasurer for the same. The accounts of Edward Smith and John Gibson for similar services were also presented by Sheriff Brown and after due investigation the court ordered warrants drawn on the treasurer in their favor therefor.


"Thomas Flint and John W. Brown both tendered in open court


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HISTORY OF HARRISON COUNTY


their resignations as justices of the peace of North Township and both were accepted.


"Ordered by the court that Henry Fuller be and he hereby is ap- pointed county treasurer for Harrison County to serve as such until his successor is appointed and qualified."


At the same session the court fixed the boundaries of municipal townships, Madison, Butler and Dallas, appointed Shepherd Hulse con- stable for Dallas and by order entered of record adjourned until the second Monday in June.


At this time in our history there were no separate probate courts, the county court being then invested with that class of jurisdiction. On May 26, 1845, in vacation, the county court was convened by call to con- sider the application of John W. Brown for letters of administration upon the estates of John W. Stevens and Thomas Brown, deceased, of Harrison County, and the record recites: "The said John W. Brown having complied with the law in said cases provided, it is ordered that letters of administration issue accordingly."


The regular June term, 1845, was held at the residence of David Buck, near Bethany, and it appears from the records that there were present the justices, Samuel Edmiston, Asaph Butler and Lewis Charl- ton, also Thomas Flint, clerk, and John W. Brown, sheriff. It was ordered of record that John S. Allen be appointed county seat commis- sioner to survey and sell the lots in the town of Dallas, the present county seat, who thereupon entered into bond and security to the gover- nor in the sum of $1,000, for the faithful discharge of the duties of the position.


An order was made appointing Vincent Smith justice of the peace tor Dallas Township to hold said office until the next general election. A. B. Hardin and Samuel Allen were appointed justices of the peace and Thomas L. Frame was appointed to draw the road fund, amounting to $198.78, in accordance with the apportionment made by the treasurer and auditor of public accounts. William Roberson was appointed guar- dian and curator of the person and property of Mary C. Taylor.


Thomas L. Frame was appointed county attorney for the term of one year and he was instructed to act as agent in procuring the neces- sary books and records for the use of the county. Special elections were ordered held in the different municipal townships and judges appointed for same.


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HISTORY OF HARRISON COUNTY


John W. Brown was ordered to settle with the county court of Daviess County for the "purpose of ascertaining the amount of revenue belong- ing to Harrison County."


License was granted to Dennis Clancey to keep a grocery at Fuller's mill on Big Creek for six months, commencing June 10, 1845, for which the sum of $10.00 was imposed as a tax for the use of the county.


At that time licenses to sell liquor in certain prescribed quantities were by law issued to tavern keepers, to groceries and to dramshops. A dramshop keeper was one permitted by law, being licensed to sell in- toxicating liquors in less quantity than a quart.


A grocer was one permitted by law to sell goods, ware and mer- chandise (all kinds of dry goods excepted) and intoxicating liquors in any quantity not less than a quart. Taverns were under same restrictions as grocers as to sale of liquors.


At this term of the court there appears upon the record the following entry: "Ordered that the order made at the May term appointing Henry Fuller county treasurer be and the same is hereby rescinded. Ordered that David Buck be appointed county treasurer of Harrison County by executing bond and security to be approved by the court." An adjourn- ment was then made to meet at the home of David Buck on the last Monday in June.


At the next regular session John S. Allen, commissioner of the county seat, presented to the court a report of plat and survey of the town of Dallas and was allowed the sum of $30.371/2 for superintending the clearing off and surveying the same.


It was also ordered that the revenue of Harrison County for county purposes be double that of the state revenue on all objects of taxation, including the tax on grocers' and merchants' license. At the same term the name of the county seat was changed from that of Dallas to Bethany, the tax book returned by O. P. Green. assessor, was ordered received and approved and John S. Allen was appointed com- missioner to contract for the building of a court house in the town of Bethany.


At the July term, 1845, a petition was presented to the court by Samuel Alley signed by a number of citizens and householders praying for the appointment of viewers to view and mark out a highway from Bethany to intersect the county line at section 35, township 62, com-


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HISTORY OF HARRISON COUNTY


mencing at Bethany and running to section 35, township 62. Samuel Alley, E. T. Ellis and John S. Allen were appointed viewers on the same. John G. Conduit, Robert Perry and David Buck were appointed to view a road from Bethany in the direction of Trenton in Grundy County via Joseph Jones's farm in Sugar Ridge Township. Edward Hunt, James Mitchell and James Taylor were appointed viewers on a public road leading from Bethany in the direction of Hunt's mill and for like ser- vices on a public road leading from the county seat to Taylor's Grove. C. L. Jennings, William Long and Stephen C. Allen were appointed viewers.


John S. Allen was authorized to sell lots in the county seat at private sale and the allotting justices of the various township made report of road districts in the same.


At the regular June term, 1845, of the county court L. D. Thompson, Henry Fuller and Jacob Brown were appointed as allotting justices for the townships of Butler, Dallas and Sugar Ridge, respectively.


Under the law at that time it was provided that the county court of each county shall, as often as it may become necessary, appoint one or more justices of the peace in each township in the county whose duty it shall be to lay off the several roads therein into road districts of con- venient lengths, numbering them, and make returns of such divisions with their numbers to the county court. It was further provided to be the duty of such justices to allot the hands subject to work on roads among the overseers of the several road districts, hence the name of "allotting" justices.


Dr. John Cravens was allowed $12.50 for medical services rendered in life to Thomas Brown, now deceased, and John W. Brown presented his report of settlement with Daviess County.


At the September, October and November terms, 1845, the county court exercised probate jurisdiction in the estates of James Michaels, Sarah Michaels and Lewis Michaels, infant heirs of Daniel Michaels (de- ceased) by appointing Edward Hunt the guardian and curator of their persons and property, also by the allowance of claims against the estates of Thomas Brown, John W. Stevenson and John Edmiston


At the October term John W. Brown, sheriff and ex-officio collector, mnade settlement with the court for the tax books for the year 1845. He was charged with:


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HISTORY OF HARRISON COUNTY


The amount of the tax books for the year


$296.76


Credit by delinquent list


$37.38


Credit by commission for services


10.00 47.38


Credit by balance to treasurer


$249.38


In January, 1846, the term was held at the residence of David Buck and William P. Allen was appointed sheriff of Harrison County. Various highways in different parts of the county were ordered opened. A fur- ther settlement was had with the collector.


In March, 1846, Charles M. Scott was allowed $3.15 for holding an inquest on the body of John W. Stevens and a dramshop license was granted to Martin Jennings for $20.00 to keep a dramshop in Bethany for six months.


At the May term, 1846, a vacancy having occurred in the office of county clerk by the death of Thomas Flint, John S. Allen was appointed clerk to fill the vacancy.


An appropriation was made for digging a public well in Bethany and a license granted to E. S. Hughes to keep a grocery at Fuller's mill for a period of six months. In the fall of 1846 a new county court was elected, Thomas Dunkerson, Stephen C. Allen and Elkanah Glover being the justices, Thomas Dunkerson being the presiding judge. They held their first meeting in November and transacted a large amount of business.


The county taxes for 1846 were $308.76; delinquent tax and sheriff's compensation $27.77; amount to county treasurer, $280.99.


In February, 1847, the records show settlement by David Buck, county treasurer, as follows :


"David Buck presents his papers for settlement, and by reference to books and warrants he stands charged with amount received of sheriff, $280.99; credit by amount paid for county warrants, $276.04; balance on hand, $4.95; credit by services as treasurer, $4.95.


First Officers of the County Court.


Hon. Samuel Edmiston, the first presiding judge, was a native of North Carolina and an early settler of Missouri, moving to what is now Butler Township, Harrison County, in 1842. He was a man of excellent judgment and during a long period of residence in Harrison County


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HISTORY OF HARRISON COUNTY


won and retained a prominent place in the estimation of the people. Honest and upright in all his dealings, he discharged all his duties as presiding justice acceptably, as is attested by the fact that his official course never provoked criticism or censure. He died on his farm in Butler Township.


Aseph M. Butler was born in Vermont. He came to Harrison County in 1840, locating in Cypress Township, where he died. He took an active part in the county organization and was chosen justice on account of his peculiar fitness for the position, being a man of good judgment and practical business sense. At the expiration of his term Mr. Butler abandoned public life and never asked nor sought political preferment at the hands of his acquaintances. He was a typical gentleman of the old school and justly regarded as one of Harrison County's most worthy pioneers. Oscar Butler, a prominent young lawyer who died at Bethany, Missouri, in 1886 whilst holding the office of prosecuting attorney, was the youngest son of Judge Butler. Norton Butler, a prominent farmer of Grant Township, was another son, as was Albert Butler, of Cypress Township. Mrs. Thomas Allen, now living in Bethany, and Mrs. Bernard Austin Brown were daughters of Judge Butler.


Lewis Charlton came to Harrison County prior to 1840. He was one of the first settlers in what is now Sherman Township. He was a quiet, unassuming man and as a member of the first county court won the respect of his fellow citizens by his earnest efforts in behalf of the county's interests. He possessed good business ability and is remem- bered as one of the worthy pioneers of Harrison County. His sons, Tom and John L., will be remembered well by the citizens of that portion of the county.


Thomas Flint, first clerk of the county and circuit courts, came to Missouri from Indiana early in the forties and settled about three miles southeast of the present site of Bethany. The early records show him to have been a man of fine clerical ability and he appears to have stood well with the people. He was chosen clerk at the organization of the county and served well until his death in the spring of 1846.


CHAPTER XIV


TOWNSHIPS, TOWNS AND VILLAGES.


FIRST DIVISION OF TOWNSHIPS BUTLER, MADISON AND DALLAS THE FIRST -- SUGAR CREEK-BETHANY-TRAIL CREEK-WASHINGTON-UNION-WHITE OAK -CYPRESS -CLAY -LINCOLN -GRANT - TOWNSHIP ORGANIZATION - ELECTION-OTHER TOWNSHIPS ORGANIZED TO CORRESPOND WITH CON- GRESSIONAL TOWNSHIPS-TOWNS AND VILLAGES-BETHANY-CAINSVILLE- RIDGEWAY-GILMAN CITY-NEW HAMPTON-EAGLEVILLE-MOUNT MORIAH -BLYTHEDALE-MELBOURNE-OTHER VILLAGES.


Among the first acts of the county court was the division of the county into municipal townships. The first division was into Madison, Butler and Dallas Townships.


The boundaries of Madison Township as described in the records were as follows: Beginning at a point where the state road from Savan- nah to Moscow crosses the line between Harrison and Mercer Counties, thence westwardly with the said state road to the summit of the divide between Big Creek and the east fork of Grand River; thence with the divide northwardly to the state line, thence east with the state line to the northeast corner of the county, thence south with the county line to the place of beginning.


Butler Township, named in honor of Aseph M. Butler, included an area with the following boundaries: Beginning at the county line on the divide between Cypress and Hickory Creeks, thence north with the di- vide six miles to the line between sections 25 and 36, thence west with said line to the west side of the county, thence south with the county line to the southwest corner of the county, thence east to the place of beginning.


Dallas Township, subsequently changed to Bethany Township, had this boundary : Beginning at the northeast corner of Butler Township, thence north with the divide to the state line, thence west with the state line to the northwest corner of the county, thence south to the northwest corner


-


PUBLIC SCHOOL BUILDING, NEW HAMPTON, MO.


PUBLIC SCHOOL BUILDING, CAINSVILLE, MO.


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HISTORY OF HARRISON COUNTY


of Butler Township, thence east with said township line to the place of beginning.


At the June term, 1845, Sugar Creek Township was created, bounded as follows: Beginning at a point where the state road leading from Savannah to Moscow crosses the Harrison and Mercer County line, thence west with said road to the summit of divide between Big Creek and Grand River, thence south with the divide to the county line between Harrison and Daviess Counties, thence east with the county line to the southeast corner of the county, thence north with the county line to the place of beginning.


At the May term, 1846, upon petition of numerous citizens, it was "ordered that all that part of Bethany Township lying north of town- ships 64 and 65 be created a separate and distinct municipal township to be known and designated by the name of Marion."


Trail Creek Township was created at the December term, 1855, as follows: Ordered that all that portion of Sugar Creek Township lying north of the following line, to-wit: Beginning at the southeast corner of section 12, township 63, range 26, thence west on section line to the line dividing Bethany and Sugar Creek Townships, be and is hereby organized into a municipal township to be known by the name of and called Trail Creek Township.


This is an order made at the March term, 1856, that the following bounds be and are hereby set off into a municipal township, congres- sional townships 65, 66 and the fractional part of 67, range 29, to be known by the name of Washington.


Union Township was created in 1858 as follows: Beginning at the northwest corner of section 19, township 64, range 28, thence running east on section line eleven miles, thence north six miles with section line, thence west to the northwest corner of section 19, township 65, range 28, thence south with range line to place of beginning.


At September term, 1860, White Oak Township was created as fol- lows: All of congressional township 63, range 29, be and is hereby organ- ized a municipal township, to be known by the name and called White Oak Township.


In September, 1858, Cypress Township was organized, its bound- ary as follows: Beginning at the northwest corner of section 35 in town- ship 62 in range 27 at the county line, thence west on the section line to the middle of the main channel of Big Creek, thence down the main


(6)


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HISTORY OF HARRISON COUNTY


channel of Big Creek to the county line, thence east on the county line to the place of beginning.


Clay Township-At the March term, 1858, it was ordered that all that portion of Marion Township lying of the line dividing townships 65 and 66 be and is hereby set off into a separate municipal township to be known by the style and name of Clay Township.


Lincoln was created in July, 1865, with boundaries as follows: Com- mencing at the northeast corner of section 36, township 67, range 29 on the Iowa line, thence running south six miles to the southeast corner of section 25 in township 66 in Harrison County, Missouri, thence west to the county line between Harrison and Worth Counties at the south- west corner of section 30, thence north to the Iowa state line at the northwest corner of section 31, thence east to the place of beginning. At the April term, 1866, the boundaries of the above townships were variously modified, and at the ensuing May term the outlines of Sugar Creek and Trail Creek Townships were materially changed.


From 1866 to 1872 no new townships were created, but in June, 1872, the court organized the township of Grant by a division of Union Township, with boundaries as follows: Commencing at range line be- tween township 64, ranges 27 and 28 at the southwest corner of section 18, township 64, range 27 and the southeast corner of section 13, town- ship 64, range 28, thence north to the northwest corner of section 19, township 65, range 27, thence south on section line to the southeast corner of section 14, township 64, range 27, thence to the place of be- ginning.


In June, 1872, the county court, upon a proper petition, ordered that the question of township organization should be submitted to a vote of the people at the general election in November of that year. The elec- tion was held on November 5, 1872, and resulted as follows: There were cast for township organization 1,988 votes, and against it 636 votes: majority in favor of township organization 1,352.


Immediately after the election the county court, by the power vested in it by the township organization law, divided the county into twenty municipal townships, making them correspond with the congres- sional survey, and so they remain to this day.


Sugar Creek Township consists of all that part of congressional township 62, range 26, being and lying within Harrison County.


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HISTORY OF HARRISON COUNTY


Fox Creek Township consists of all of congressional township 63, range 26.


Trail Creek Township is all of congressional township 64, range 26. Madison comprises all of congressional township 65, range 26.


Clay Township consists of all of congressional township 66, range 26, and that part of township 67, range 26, that lies in Harrison County.


Colfax Township is all of congressional township 66, range 27 and that part of township 67, range 27, lying in Harrison County.


Marion Township is township 65, range 27, of congressional survey.


Grant is congressional township 64, range 27.


Sherman embraces all of congressional township 63, range 27.


Adams is congressional township 62, range 27, lying within Harri- son County, Missouri.


Cypress is that part of township 62, range 28, lying within Harri- son County.


Bethany is all of township 63, range 28.


Jefferson is congressional township 64, range 28.


Union is congressional township 65, range 28.


Hamilton embraces all of township 66, range 28, and that part of township 67, range 28, lying within Harrison County .


Lincoln embraces all of congressional township 66, range 29, and that part of township 67, range 29, lying within Harrison County.


Washington is congressional township 65, range 29.


Dallas is township 64, range 29.


White Oak is congressional township 63, range 29.


Butler is all that part of congressional township 62. range 29, lying within Harrison County.


By the township organization as adopted in 1872 it was provided that the county court should consist of the supervisors of the townships, one from each township, but an act of the regular session of the Twenty- seventh General Assembly, approved March 24, 1873, so amended the township organization law as to require the county court to consist of five judges, one a presiding judge elected at large, and four, one from each of four districts into which the county was divided.


It does not appear that Harrison County ever organized a county court of the supervisors. At the June term, 1873, the Record of County Court Book "E" at page 221 recites that "Court met pursuant to ad-


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HISTORY OF HARRISON COUNTY


journment. Present: Joseph F. Bryant, presiding judge; Joseph P. Bailey, of first district; James B. Brown, of second district; Milton Burris, of third district, and Franklin R. Quigley, of fourth district, associate justices. Said judges having been elected May 3, 1873, and com- suance of an act of the Legislature approved March 24, 1873, and com- missioned by the governor May 19, 1873, commissions filed and judges qualified June 2, 1873."


This township organization law was repealed by an act of the Gen- eral Assembly approved March 5, 1877, and the government of the county then fell back under the general law, and so remained until the town- ship organization law enacted in 1899 was later adopted in Harrison County.


At the May term, 1906, of the county court a requisite petition was filed for submission to the vote of the people of the township organiza- tion law as defined in Chapter 168 of the Revised Statutes of Missouri of 1899 as amended in 1901-03 and 1905, which petition was by the court found sufficient and the submission ordered at the general election to be held November 5, 1906, and the vote then taken thereon resulted in its adoption, the vote for being 2,800 and the vote against 202, and the county yet remains under township organization.


Cities, Towns and Villages.


Harrison County is well supplied with a number of towns and vil- lages which are well distributed throughout the county, affording un- usual conveniences for trading points.


Bethany, the county seat, is the largest town in the county. It is located on the Burlington Railroad in Bethany Township. The principal religious denominations are here represented and Bethany has been known for many years for the high standard of its schools. The principal streets are paved and the town has a good water and sewerage system and a municipal electric light plant. Banking and all business and professions are well represented and Bethany is a thriving commercial town. Its population, according to the census of 1920, was 2,080.


Cainsville, the second largest town in the county, has a population of 1,050. Cainsville is located in the extreme eastern part of Madison Township near the Mercer County Line on Grand River. For many years coal mines were operated in its vicinity. The town commands an extensive


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HISTORY OF HARRISON COUNTY


trade from a large scope of surrounding country both in Harrison and Mercer Counties. There is a weekly newspaper published here. Banks and other business enterprises are well represented. There are a number of churches representing the principal religious denominations and the town has a good public school system. Cainsville is located at the terminal of a branch of the Burlington Railroad which connects with the main line of that system in Iowa.


Ridgeway is located on the Burlington Railroad on the dividing line between Marion and Grant Townships. The town site occupies a portion of section 33 in Marion Township and portions of sections 3 and 4 in Grant Township. Ridgeway has two banks, an excellent hotel, and practically all branches of mercantile business are represented here. The school system of Ridgeway ranks high. The population of Ridgeway is 812 and it is one of the progressing and enterprising business centers of Harri- son County.


Gilman City has a population of 618 and is located on section 30 in the Southeastern corner of Sugar Creek Township. The Quincy, Omaha & Kansas City Railway, which is a part of the Burlington System, passes through Gilman City. This is a progressive town of churches, good schools and enterprising business and professional men.




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