USA > Missouri > Cedar County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 36
USA > Missouri > Dade County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 36
USA > Missouri > Barton County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 36
USA > Missouri > Hickory County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 36
USA > Missouri > Polk County > History of Hickory, Polk, Cedar, Dade, and Barton counties, Missouri > Part 36
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pro tem. The court adjourned without the transaction of any business until the next day, when the same justices and officers were present. The only business seems to have been to adjourn. Monday, May 8, the court divided the county into five townships for municipal purposes, and issued an order naming the places for holding elections, and appointing judges of election for each. The sum of $6 was allowed to Hiram Province for keeping a pauper three months. At an adjourned term, held at the house of Andrew F. Cook, Monday, June 2, 1845, the places of holding elections in Jefferson, Cedar and Madison Townships, were re-defined, and justices of the peace were appointed for the several townships. The following order was entered on the record: " Ordered by the court, that all courts to be held in and for Cedar County, shall be holden at the house of Elisha Hunter, until the permanent seat of justice is located according to law, and suitable buildings shall be erected at said seat of justice."
Prior to 1878 the court consisted of three county court justices, one of whom acted as presiding officer, and the two others as associate justices. Under an act of the Legislature providing for a uniform system of county courts, the county court, in 1878, divided the county into two separate districts, . making the first, known as the first district, consist of the townships of Madison, Washington, Jefferson and Cedar, and the second, known as the second district, of the townships of Box, Benton and Linn. In 1886 the county court redistricted the county thus: Northern district, Washington, Box, Jefferson and Cedar Townships; Southern district, Madison, Linn and Benton Townships. The county court has now, and has always had, jurisdiction over all county business proper, and, for such time as there has been no separate probate court, has also had jurisdiction over all probate business of the county.
Circuit Court .- The following is a part of the record of the first session of the Circuit Court of Cedar County:
Be it remembered : At the house of Elisha Hunter, in the county of Cedar and State of Missouri, the same being the temporary seat of justice and the place appointed for holding courts in said county, on Monday the 29th day of September, A. D. 1845, the same being the day fixed by law for the regular sitting of the circuit court in and for said county of Cedar, came the Honorable Foster P. Wright, judge of the Seventh Judicial Circuit of said State, and judge of the said Cedar Circuit Court, and took his
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seat, and ordered James Cawthon, sheriff of said county, to open the term of said court, which was accordingly done by proclamation at the court house door by said sheriff in due form of law, whereupon a circuit court was constituted and held in and for the said Cedar circuit. Present, the Hon. F. P. Wright, circuit judge ; James Cawthon, sheriff ; and Joseph Allen, clerk. The sheriff of Cedar County returned hereunto court a venire, on which was indorsed the following panel of a grand jury, to wit : James -Miller (1), who was by the court appointed foreman ; Anderson Morton (2), John B. Gordon (3), Pitman Lindley (4), James Jackson (5), John Young (6), William Perkinson (7), George Fleeman (S), Jacob Miller (9), James Hartley (10), Nathan Parker (11), William Buster (12), William Brasher (13), Joseph Whitman (14), and James Hill (15), who, being duly charged and sworn, retired to consider of their presentments.
Elisha Hunter lived then on the John Hartman farm, two miles south of Stockton, on the Greenfield road. In the head of a ravine east of Hartman's house, and near where some buckeye trees now stand, on a log, sat the first grand jury of Cedar County, and doubtless the members discharged their duties as faithfully as those of the grand juries of to-day, who meet in the court house.
On the following day Joseph Allen, clerk of the court, pre- sented to the court an appointment of John Hartley, as deputy clerk of the circuit court, which appointment was approved by the court.
When the court was established, it was attached to the Seventh Judicial Circuit of the State of Missouri. It is now attached to the Twenty-fifth Judicial Circuit, composed of Cedar, St. Clair, Vernon, Dade and Barton Counties.
Aside from the war period, murders have been committed in Cedar County, but no murderer has ever been convicted and hanged under sentence in this court; nor has there ever been a judicial execution of the death sentence in this county.
R. N. Cox is clerk of the circuit court, and W. W. Younger, deputy clerk.
The Cedar County Bar .- It is to be regretted that the records of the Cedar Circuit Court do not contain the signatures of attorneys who practiced in it previous to 1863. There were several, however, who deserve special mention, among them, S. M. Grant, afterward county clerk; Shadrach Chandler, after- ward probate judge; Z. B. German; Waldo P. Johnson, who was circuit judge in the '50's, and a United States Senator at the opening of the civil conflict; De Witt C. Ballou, who was circuit
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judge 1854-58; Thomas Freeman, who was a member of the Senate of the Confederacy; W. H. Otter; Littleberry Hendricks, once circuit judge in the adjoining circuit east; Burr H. Emerson, circuit judge 1863-71; E. C. Davis; Felix Hunton; Judge John C. Price, of Greenfield; Charles Bullock, once clerk of the St. Clair County and Circuit Courts; and Messrs. Cahill, Winston and Alexander McLain. The following-named practitioners have signed the roll of attorneys since the date mentioned: 1863 - James D. Perkins; Charles P. Bullock, Montevallo, Vernon County. 1864-F. A. Hanford, James H. Lay, A. W. Van Swearingen, Montevallo, Vernon County; W. J. Terrill, Harrison- ville, Cass County; Harrison J. Lindenbower, Springfield; A. N. Julian, Springfield; J. P. Tracy, Stockton; W. Galland, Bolivar, Polk County; John R. Cox, Springfield; James M. Jones, Springfield. 1866- Joseph J. Gravely, Stockton; S. A. Wight, John D. Abbe, Bolivar, Polk County; James Masters, Stockton; R. F. Buller, Stockton; William O. Mead, Osceola, St. Clair County. 1867-Daniel P. Stratton, Stockton; W. D. Hoff, Stockton; W. C. Webb, W. H. H. Waggner, L. P. Shafer, W. C. Montgomery, Stockton; J. G. McKeighan, Henry Mer- rill. 1868-H. B. Watson, Bolivar, Polk County; D. A. De Armond, Greenfield, Dade County; John T. Wright, Stockton. 1870-J. B. Upton, Stockton. 1872 - James T. Farris, Stock- ton. 1874-W. B. Burr, Stockton. 1875-J. J. Ducherale, Greenfield, Dade County; H. O. Girdner, Lamar, Barton County; William T. Johnson, Osceola, St. Clair County; W. H. Sher- man, Rockville, Bates County; John B. Logan, Lamar, Barton County. 1879-James B. Gantt, Clinton, Henry County; T. H. Cameron, Greenfield, Dade County; William R. Hudson, Humansville, Polk County. 1880 -Thomas M. Brown, Stock- ton; Clement Hall, Stockton; W. C. Hastin, Stockton; M. B. Loy, Stockton; James H. Harkless, Lamar, Barton County; R. B. Robinson, Lamar, Barton County; P. T. Simmons, Spring- field; T. H. B. Lawrence, Springfield; H. C. Timmons, Stock- ton; M. T. January, Nevada, Vernon County. 1881 -J. E. Stephens, Stockton; H. A. Smith, El Dorado. 1882-C. E. Greenup, Stockton; Robert N. Bannister, El Dorado. 1883 - O. D. Hubbell, Virgil City. 1884-O. E. Page, Jerico; C. A.
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HISTORY OF CEDAR COUNTY.
Ragland, Stockton. 1885-R. W. Burr, Lamar, Barton County; W. A. Edmonston, Mexico, Audrain County. 1887-J. B. Journey, Nevada, Vernon County. Of this list several have been prominent in one way or another. W. J. Terrill was a nominee for Congress in the Twelfth Congressional District. Harrison J. Lindenbower was murdered at Springfield in conse- quence of a disagreement about a business affair. J. P. Tracy, a man of ability, became a newspaper editor. Joseph J. Gravely served in the Civil War as colonel of the Sixth Missouri Cavalry, and was a member of Congress and Lieutenant-Governor of Missouri. S. A. Wight was justice of the circuit court. James Masters is the oldest resident member of the Cedar County bar. R. F. Buller represented Cedar County in the Legislature. William O. Mead, an able real estate lawyer, was once county attorney of Cedar County, and rose to be a circuit judge. W. C. Montgomery became a preacher of the Methodist Episcopal Church, South, and at one time was a presiding elder. D. A. De Armond became a circuit judge in northern Missouri. J. B. Upton, once county attorney, represented Polk County in the Legislature, and was Republican nominee for Congress in 1888. James T. Farris was prosecuting attorney for Cedar County. W. B. Burr was county attorney. James B. Gantt is a promi- nent lawyer and Democratic politician. Thomas M. Brown was county attorney of Dallas County. W. C. Hastin was prosecut- ing attorney for Cedar County. H. C. Timmons, a lawyer of ability, became well known as a journalist, and represented Barton County in the Legislature. O. D. Hubbell is the present prosecuting attorney for Cedar County.
Probate Court .- The first judge of the probate court was John E. Hartley, whose earliest official acts are recorded in 1847. At times the county court has had jurisdiction over the probate business of the county. There was no probate court during the Civil War. The present probate judge is Jerome N. Gunier. A complete list of probate judges is given elsewhere.
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GENERAL COUNTY INTERESTS.
COUNTY OFFICERS.
Judges of the County Court .- The following served during the whole or portions of years mentioned: Thomas Jones, 1845-46; Ezra Hamer, 1845-46; James L. Henry, 1845-46; Thomas English, 1846-50; John Edsall, 1846-48; Garrott Phil- pott, 1846-50; Hezekiah Harryman, 1848-50; Thomas Smith, 1851-54; Abraham Mitchell, 1851-54; John B. Ingram, 1851-52; Joseph Allen, 1853-54; Garrott H. Philpott, 1855-58; Isaac L. Hembree, 1855-54; John S. McConnell, 1855-58; Francis Dunnegan, 1858-61; Mastin Church, 1858-61; James L. Henry, 1858-60; John Fergus, 1861, John E. Ross, 1862-64; Anderson Morton, 1862-63; E. Davidson, 1863; Benjamin A. Marshall, 1864-72; Thomas S. Hackleman, 1864; James Greenstreet, 1865-66; William H. Curl, 1865-66; Robert Williams, 1866-68; Samuel Hornbeck, 1866-70; William Conner, 1869-74; James Hopkins, 1871-78; John Nobles, 1873-78; S. L. Kerr, 1875-76; D. L. Thompson, 1877-78. After establishments of two judicial districts: Presiding judges, L. B. Prouty, 1879-82; Walter A. Cheek, 1883-86; C. W. Paynter, 1887 to present time. First District: Isham Brasher, 1879-80; N. S. Nofsinger, 1881-82; Isham Brasher, 1883-86. Second District: James M. Akard, 1879-82; C. C. Fleeman, 1883-84; James M. Akard, 1885-86. Since redistricting: At Large: C. W. Paynter, 1887 to present time. Northern District: Omar T. Huff, 1887 to present time. Southern District: S. M. Phelps, 1887-88; S. E. Williams, 1879 to present time.
County Clerks .- Following are the names of the successive county clerks, the records showing that they have served during the whole or portions of the years designated: Joseph Allen, 1845-47; S. M. Grant, 1847-53; James M. Frazier, 1853-59; H. B. Lindsey, 1860-61; Dennis H. Connaway, 1862-70; James A. Cogle, 1871-74; E. C. Peters, 1875-78; G. L. Walker, 1879-86; T. J. Travis, 1887 to present time.
County Treasurers, during all or portions of years mentioned, have been the following: Nicholas McMinn, 1846-48; Samuel Moore, 1848; James M. Frazier, 1849-51; Washington Crabtree,
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1852; J. W. Hill, 1853-59; William M. Hill, 1860-61; William J. Hawkins, 1862; C. C. Church, 1863-67; William Hulstone, 1867-81; J. F. Rutledge, 1882-84; G. R. Corbin, 1885 to the present time.
Sheriffs .- During the whole or portions of the year desig- nated, the following have served as sheriffs: James Cawthon, 1845-47; John E. Hartley, 1848-52; William Montgomery, 1853-57; John E. Hartley, 1858; M. W. Mitchell, 1858-60; P. B. McKay, 1861; William Montgomery, 1862; Asa Strain, 1863-64; John H. Paynter, 1864-65; L. B. Davis, 1865-67; Abram Sallee, 1868-70; Jefferson Jackson, 1871-72; H. A. Church, 1873-76; Thomas A. Fox, 1877-78; William C. Sny- der, 1879-81; T. J. McFarland, 1882-86; James E. Pyle, 1886-88; J. W. Legg, 1889 to present time.
Probate Judges .- J. E. Hartley, 1847; James Cole, 1848; R. P. Roberts, 1849-50; Patrick McKinney, 1851-52; Charles P. Bullock, 1853-54; Horace B. Lindsey, 1855-59; Benjamin H. Cravens, 1860; Z. D. German, 1861; William Hulstone, 1864-68; W. D. Hoff, 1869-72; D. M. Wooldridge, 1873-82; R. W. Hadon, 1883-86; Jerome N. Gunier, 1887 to present time.
Judges of Circuit Court .- Foster P. Wright, 1845-50; Waldo P. Johnson, 1851-53; DeWitt C. Ballou, 1854-58; Foster P. Wright, 1859-62; Burr H. Emerson, 1863-71; David Mc- Gaughey, 1871; John D. Parkinson, 1872-80; Charles G. Burton, 1881-86; Daniel P. Stratton, 1887 to present time.
Present Official List .- Representative, W. B. Lewis; judge of circuit court, D. P. Stratton; judge of probate court, J. N. Gunier; judge of county court, C. W. Paynter; associate judges, O. T. Huff, Sol. E. Williams; school commissioner, Ira E. Barber; collector, W. E. Nance; sheriff, J. W. Legg; cir- cuit clerk, R. N. Cox; county clerk, T. J. Travis; prosecuting attorney, O. D. Hubbell; treasurer, Geo. R. Corbin; assessor, W. Elliston; surveyor, J. W. D. Kirkpatrick; administrator, E. W. Montgomery.
PUBLIC BUILDINGS.
Court Houses .- May 20, 1846, William Blake was appointed to superintend the building of a frame court house, on lot 6,
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block 4, in Stockton, in accordance with a plan he had previously submitted to the court. He was ordered to advertise the erec- tion of the building to be let to the " lowest bidder " on the first day of the appeal January term of the court to be held on the third Monday in June, 1846. For some reason the work was not proceeded with, and November 19, 1846, it was “ ordered by the court that the superintendent of public buildings be and is hereby authorized to superintend the building of a court house in the town of Lancaster (Stockton), on lot 6, block 4, said court house to be built on the plan as reported by said superintendent to this court, and filed herein on the 18th day of November, 1846." It was " further ordered that said superintendent let out the said building according to law to the lowest bidder, after giving notice of said building in the manner required by law," and, that the sum of $350 be, and the same is hereby appropriated for the building of said house, and to be paid in the following installments: $150 the first day of May, A. D., 1847, and $250 on the first day of May, A. D., 1848." In conclusion, it was stipulated that the court house should be completed by May I, 1847. February 17, 1847, Cedar County bought of Samuel Moore, lot 6, block 4, of the town plat of Lancaster, the price paid having been $210. The frame court house thus projected was never erected, partially on account of unavoidable diffi- culties, and partially for the reason that a sentiment was gradu- ally growing in favor of a brick building.
At the May term of the county court, 1852, the court appropriated $5,500 for the purpose of building a court house in Fremont. At a special appeal term, in June, 1852, the report of the superintendent was examined and approved, and the superintendent was ordered to proceed with the letting of the several contracts necessary to the erection of a suitable building. August 16, 1852, Benjamin H. Cravens, superintendent, reported that, in accordance with the order of the court, he had let the contracts to Messrs. Gill, Long & Ragan, whose bid was $5,500. The work was begun and partially completed, and June 19, 1854, H. B. Lindsey, then superintendent of public buildings of Cedar County, relet the contract for finishing the work to M. C. White, at an advance of $470 over the original bid. October 19, 1855,
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HISTORY OF CEDAR COUNTY.
Superintendent Lindsey reported the court house finished, and recommended the payment of the amount of his contract to Mr. White, by the county court, which accepted the building. This court house, which was a substantial structure, standing on the foundation of the present one, was burned in 1863, by Shelby's men, who raided through that part of the State.
In May, 1867, an order was issued for the erection of a court house on the original site on the public square in Stockton, and $10,000 was appropriated out of the common school fund for such use. Littleberry Davis was appointed superintendent of public buildings, and submitted a plan which was approved by the court. The building (the one since in use) was completed in December following.
Fails .- The first jail in Cedar County was a log structure, which was located not far from the present abandoned stone build- ing. It was two stories high, and the prisoners were admitted to the lower room through a trap-door in the floor of the upper one. This did service until about the time of the war. In Feb- ruary, 1870, R. F. Buller, William Hulstone and James A. Coyle were appointed agents on the part of the county court, to draft plans for a jail and report them to the court on the first Monday in March. February 7, 1871, an order was issued for the erection of a jail on lot 1, block 13, in Stockton, and $5,000 was appro- priated for,the purpose. James A. Cogle, superintendent, sub- mitted a plan, which the court approved. At the November term of the county court (1871), the jail, completed, was accepted. It was in use until a few years ago, when it was found inadequate and for some time past, prisoners have been taken from Cedar to jails in her sister counties. At the general election, 1888, the voters of Cedar County voted 2,058 ballots to 526 to authorize the county court to incur an indebtedness of $5,000 to erect a new jail. It was decided to issue bonds to that amount. April 9, 1889, Frank H. Babbs was appointed superintendent of the erection of the jail, and May 6 the contract for its erection was awarded to the Pauly Jail Building and Manufacturing Company, of St. Louis. So far as possible, the material of the present stone jail will be used in the building of the new one, which will
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be supplied with every appliance of convenience and safety. The contract price is $4,900.
COUNTY AGRICULTURAL SOCIETY AND POOR FARM.
County Agricultural Society .- An association of this charac- ter was in existence some years, and several fairs were held. The record of the incorporation of the Cedar County Agricul- tural and Mechanical Society is as follows, under date of July 19, 1870 :
Now come sundry citizens and present the following petition, to wit: "To the Honorable County Court of Cedar County: The undersigned petitioners would state to your honors that we are freeholders and citizens of the county of Cedar and State of Missouri ; that they are desirous of organizing and incorporating themselves for the pur - pose of promoting improvements in agricultural manufactures and the raising of stock. We would, therefore, respectfully petition that an order of your honorable court be made declaring us incorporated for the purposes specified in section 1, chapter 60, General Stat- utes 1865, of Missouri, and the subsequent amendments thereto, under the name and style of the Cedar County Agricultural and Mechanical Society. (Signed) James T. Farris, James A. Cogle, D. H. Connaway, Abram Sallee, D. P. Tracy, W. D. Hoff, W. C. Montgomery, William Hulstone, J. B. Harris, Daniel Cox, C. H. Mace, John M. Ash- worth, James W. Osborn, Thomas Crampton, D. P. Stratton, John Philpott, Lewis Gravely, L. B. Davis, J. J. Montgomery, E. S. Lindsay, S. Chandler, J. R. Owens, James M. Jackson, James Masters, J. N. Gunier, S. L. Kerr, George W. Yenger, J. H. Ackason, William Montgomery, B. F. Pollard, A. C. Montgomery, John Hudson, R. R. Moore, J. E. Walker, William Porter, W. C. Church, F. Dunnegan, W. C. York, Thomas P. York, W. M. Hill, J. A. Pankey, John Noble, J. J. Gravely, A. M. Pyle, James K. Nichols, John Nichols, William F. Orr, John W. Younger, P. G. Rampy, A. B. Muckey, Thomas B. Graham, John A. Hembree, Fleming Owen, R. W. Killings- worth, W. E. Conner." And the court being fully satisfied that there are more than fifty freeholders represented on the petition, a majority of whom reside in the county, and being fully advised in the premises, it is hereby ordered and declared that the petitioners aforesaid be and they are hereby incorporated for the purpose aforesaid, under the name and style of the Cedar County Agricultural and Mechanical Society, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, plead and be impleaded, defend and be defended in all courts and actions, pleas and . matters whatsoever, and shall have power to purchase, hold and receive any quantity of land not exceeding one hundred acres, with such buildings and improvements as may be placed thereon not exceeding in value one hundred thousand dollars, and may convey, lease, sell and dispose of the same, or any part thereof, for the benefit of said society, and may do any and all the acts granted by said chapter 60, General Statutes of Mis- souri of 1865, and the subsequent amendments thereto.
Poor Farm .- The poor farm of Cedar County consists of about 160 acres near Paynterville, in Madison Township, and is provided with comfortable log and frame buildings. It is ade- quate to the demands upon it, and has generally been managed
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HISTORY OF CEDAR COUNTY.
with ability and integrity. The present superintendent is James M. Isham.
THE COUNTY PRESS.
Stockton Papers .- The first' newspaper issued in Cedar County was the Southwest Tribune, established about the close of the war by Wells, Caffee & Co., and afterward known as the Stockton Tribune. · It changed publishers several times prior to 1876, when it was bought by D. P. Stratton and Lewis Gravely, and merged with the Stockton Journal, which they purchased about the same time. The Tribune was Republican, politically, and for years was the only paper published in the county. The Stockton Journal was established by H. L. Henry in 1869, as a Democratic local paper, and has stanchly adhered to Democratic principles ever since. It was published successively by Buller. & Chandler, H. M. Brandon, H. C. Timmonds and Stratton & Co., until 1887, when it was purchased by its present proprietor, Charles R. Church. The Cedar County Republican was first issued December 30, 1886, by W. B. Phipps, its founder and since proprietor. As its name indicates, it is Republican in poli- tics, and at the same time it is a live local paper. In 1879 the Stockton Stalwart, an anti-administration Republican paper, was started by C. M. Wilson, and it was published by him and others with varying success for three or four years. During the cam- paign of 1880, C. M. Wilson issued a Greenback paper named the Anti-Bulldozer. A paper called the Cedar County Republican which was in no way related, except politically, to the paper of the same name mentioned above, was published a few months, in 1884, by W. M. Goodwin.
El Dorado Papers .- The El Dorado News (Republican) was issued by W. B. Phipps, July 20, 1881. In the fall of 1882, Mr. Phipps leased the paper to N. H. Cruce, who published it nearly a year. Meantime, June 9, 1883, Mr. Phipps estab- lished the Weekly Cyclone. In September following he again assumed control of the News and consolidated the two papers under the title of the El Dorado News-Cyclone, and in Decem- ber he changed its name to Uncle Sam. Since January, 1887, Uncle Sam has been published by R. C. Phipps, brother of
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W. B. Phipps, the latter retaining a controlling interest in it. The El Dorado Herald (Independent) was published a few months in 1882, by N. C. Mitchell. The first number of the El Dorado Democrat appeared September 21, 1883, under the proprietorship of N. H. and W. P. Cruce, and was succeeded by the Tribune, now (May, 1889) in the middle of its second volume, and published by A. W. Stearns & Co.
· Ferico Papers .- The Jerico News was established in 1882 by Col. A. M. Crockett, from Nevada. It several times changed hands, and suspended in 1887. It was independent in politics. The Jerico Springs Optic, a newsy Democratic sheet, was estab- lished in March, 1888, by Theodore L. Kerr.
RAILROAD SURVEYS AND PROSPECTS.
The following lines of railway have been surveyed through Cedar County, and it is thought that some of them will be con- structed within a few years. The history of the attempt to bond the county for railroad construction is elsewhere given. All these surveys included Bolivar as a station: Laclede & Fort Scott Railroad; St. Louis & Western Railroad; Sedalia, Warsaw & Southern Railroad; Jefferson City & Southwestern Missouri Rail- way (a branch of the Missouri Pacific system); Chicago, Girard & Jefferson City Railroad. The Kansas City, Rich Hill & El Dorado Railroad is now being constructed, and, when finished, will furnish Cedar County its first direct railway communication with the outside world.
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