USA > Missouri > Howard County > History of Howard and Chariton Counties, Missouri : written and compiled from the most official authentic and private sources, including a history of its townships, towns, and villages, together with a condensed history of Missouri > Part 54
USA > Missouri > Chariton County > History of Howard and Chariton Counties, Missouri : written and compiled from the most official authentic and private sources, including a history of its townships, towns, and villages, together with a condensed history of Missouri > Part 54
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Colonel Blodgett makes it as much to the interest of claim ants to compromise as to the interest of the road. He tells them frankly that he will allow what is fair on their claims; but before he will allow the company to be bilked, he will make it cost them more than they can possibly hope ultimately to realize by suit. A railroad lawyer of the first order, he knows beforehand in almost every case what the decision of the courts will be ; and when he goes to law against a claim, he generally wins the case. Indeed, the frequency with which cases are won by the railroad is often made a subject of criticism unfavorable to the courts. The fact lies not in the bias
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HISTORY OF HOWARD AND CHARITON COUNTIES.
of the courts in favor of the railroad, for that does not exist ; but in that the road searcely or never goes to the higher courts with a bad case. The attorneys for the road know a good case when they see it, and they know a bad one: the first they carry up : the second they settle. Thus the railroad is scarcely ever beaten in the courts.
Colonel Blodgett, although he has long stood in the front rank of lawyers in the West, is still comparatively a young man, being now only forty-four years of age. Considering his age and the position he occupies in his profession, it is not too much to say that his career has been a most successful and brilliant one. Nor has he yet nearly approached its meridian. With little less, if not quite. a score of years more of professional activity before him, in the ordinary course of nature, years, too, usually of the greatest advancement in the legal profession, his future promises a degree of eminence to which but few men ean hope to attain.
In the office Colonel Blodgett has several able and worthy assist- ants, among whom are
MR. BURNETT,
Mr. Grover and Colonel Curtiss. Mr. Burnett is the leading trial lawyer after Colonel Blodgett. He has the reputation of being one of the best trial lawyers, and most successful attorneys at the bar. He was until recently a resident of Illinois, and has been engaged in the practice in that State with success for over fifteen years. In the trial of railway cases he is ably assisted by
MR. GEORGE S. GROVER,
one of the best railway lawyers among the younger members of the bar in the State. Mr. Grover has always made a specialty of railway law, and has been connected with the Wabash and its Western prede- cessor, the St. Louis, Kansas City and Northern, under Colonel Blodgett, for nearly ten years. Of studious habits, a quick, active mind, and gifted with a remarkably retentive memory, the curriculum of railway law, if the expression may be allowed, has become almost as familiar to him as the usual course of studies to the college professor. He is especially efficient and capable in the preparation of eases for trial - in drawing the papers. hunting up the law and mak- ing citations thereto, and in examining the testimony beforehand and arranging it in proper order for introduction. This branch of work is his specialty in the office. Thus thoroughly posted in the
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HISTORY OF HOWARD AND CHARITON COUNTIES,
- law and facts of nearly every case of importance in the circuit courts in which the road is interested. when the cases come on for trial he is an invaluable and almost indispen able assistant to the leading trial attorney. He generally takes an active part in the trial of cases which he has prepared. and. if they are carried to the Supreme Court, assists in preparing the briefs for them in that tribunal. He is a young lawyer of established reputation and of a high order of ability, and will doubtless ultimately take front rank in his profession.
COLONEL CURTISS
is the office lawyer of the legal department, and is one of the oldest railroad attorneys in years of service in St. Louis. He is a lawyer of wide and profound learning, a deep thinker, and an able and logical reasoner. More of a counsellor than a barrister, he is yet an eloquent and vigorons advocate when he becomes thoroughly enlisted in the trial of a case. But being a fine judge of the law and justly averse to the rough-and-tumble manner in which, unfortunately, cases in the Western courts are too often tried, he finds work in the office more congenial to his tastes and more in keeping with his judicial cast of mind and his legal attainments than would be the case with him in the active conduct of cases in court. His province, in other words, is to beat the bushes, if a tigure of rhetoric may be allowed, while the younger attorneys of the office catch the birds Colonel Curtiss is at present a member of the State Legislature from St. Louis and is re- garded as one of the ablest members of the House. He is a man of strict integrity, a high sense of honor, of broad and liberal views in politics as well as in everything else, generous in all his impulses, and of an open, frank disposition, dignitied and urbane in bearing - in short, a gentleman of the old school, great-hearted and kind, whom it is a pleasure to know.
There are several other gentlemen in the legal department includ- ing Mr. St. Maur, a gentleman eminently worthy of his position, notices of whom cannot here be made for want of space. Suffice it to say that the legal department of the Wabash, like every other department of its corps officiel. from the chief to the last subordinate officer, is in the bands of men who hold their positions because they are the best. who can be had for their places. All in all, it is without question one of the best managed and most serviceable roads in the United States.
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HISTORY OF HOWARD AND CHARITON COUNTIES.
BURLINGTON AND SOUTHWESTERN.
This road, which crossed diagonally the northwestern corner of the county, was originally intended to connect by the shortest possible route Burlington, Iowa, and Kansas City, Missouri. The Iowa divi- sion of the road was built in 1870. The Missouri division was being rapidly pushed forward to completion, and had reached Laclede in Linn county, on the Hannibal and St. Joseph road when the panic struck it, and it was forced to suspend active work. In 1873 it was placed in the hands of a receiver, and was run under the receiver's management until 1882. The bondholders of the road then organ- ized a new company, the Chicago, Burlington and Kansas City. and this company leased the road to the Chicago, Burlington and Quincy, which is now operating it. Since the road has virtually become the property of the Chicago, Burlington and Quiney, one of the soundest and most successful railroad companies in the United States. its construction has been vigorously resumed, and at no distant day will be open for traffic to Kansas City. When completed it will be the shortest route between Kansas City and Chicago, and through ears will be run by the company between the two cities. It is already completed into Chariton county, and is of incalculable value to the people of this county. It gives them a direct route to Chicago - the shortest route from this part of the State to that city - and not only gives them the benefit of a compet- ing line to the eity by the lake, but makes the markets of St. Louis, a great rival, directly tributary to their trade. The importance of this road to the agricultural and other interests of the county could hardly be overestimated.
There are many miles of railroad in the county, embracing a portion of the main line and two branches of the Wabash, St. Louis and Pa- cific, and the Burlington and Southwestern road.
The main line, running from St. Louis to Kansas City, crosses the country from cast to west. a little south of centre, twenty-eight miles of the road being in the county. A branch of the same road runs from Salisbury, in the centre of the eastern portion of the county to Glasgow, on the Missouri River, passing through the southern part of the county a distance of sixteen miles. Another branch of the road runs from Brunswick, also on the Missouri River to Omaha, Nebraska, crossing the Hannibal and St. Joe Railroad at Chillicothe, thirty-nine
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HISTORY OF HOWARD AND CHARITON COUNTIES.
miles from Brunswick, twenty-four miles of which are in Chariton county, and passes up the Grand river valley in a northwestern direction. The Burlington and Southwestern, starts from Burlington, Iowa, and runs to Sumner, Chariton county, which gives --- miles of road in the country.
In addition to the many advantages and facilities furnished by these roads running through the county, the Hannibal and St. Joe Railroad, located just over the line io Linn county, and extending along the entire length of the northern boundary line of Chariton, furnishes to our citizens in that portion of the county convenient transportation for all their surplus stock and produce.
AN ATTEMPT TO GIVE THE SWAMPS AND OVERFLOWED LANDS TO 1 RAILROAD COMPANY.
At the May term of the county court of Chariton county, Missouri, 1860, an effort was made to donate the swamp and overflowed land, belonging to the school fund of the county to a corporation, then known as the Chariton and Randolph Railroad Company, and for that purpose the following order was entered of record on the 10th day of May, 1860 : -
" Ordered by the court that Benj. F. Crawley, sheriff of Chariton county, State of Missouri, on the 10th day of May, 1860, at the town of Keytesville, in the said county, sell to the Chariton and Randolph Railroad Company all the right, title and interest which said county has in and to the overflowed and swamp lands in said county, herein- after described, for and in consideration that the said company shall through its proper officers assume to pay by written obligation, to said county, for the use of the county school fund of said county, the sum of three thousand dollars annually, forever.
" By the terms of which bond said company are bound to pay to said county, for the use of the school fund of said county, the sum of three thousand dollars, on the first day of January, A. D. 1865, and the like sum of three thousand dollars every year thereafter, forever."
This action of the court was opposed by many good citizens on the grounds that the county court had no power or authority to make such a disposition of the property belonging to the public school fund. The sheriff, Mr. B. F. Crawley - entertained that view -and for that reason, declined to execute the order of the court.
Strange to say, however, at a subsequent meeting of the county .
605
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HISTORY OF HOWARD AND CHARITON COUNTIES.
court, held on the 2d day of July, 1860, an order was entered on record assuming and reciting that the order had been duly executed and directed the conveyance of the lands to the Chariton and Ran- dolph Railroad Company, and appointed a commissioner for that pur- pose, who on the 3d day of July, 1860, made a conveyance of the lands as directed by the court.
Afterwards, on the 16th day of November, 1862, the following order was made changing the terms of the original grant.
" Ordered by the county court that all contracts made by the county court of Chariton county, party of the first part, with the Chariton and Randolph Railroad Company, party of the second part, in regard to the payment by said railroad company of three thousand dollars, annually, or any other sum of money to the said county, or the school fund of said county, which sum of money was to be due and payable about the year A. D. 1862, or any other year thereafter, is declared null and void upon the following conditions being com- plied with, viz : The directors of said railroad, or the said railroad company, are hereby discharged from the payment of any money due, or that may be due, from the sale of any swamp lands by said county to said railroad company, or funds or money due the said county of Chariton or the school fund of said county, provided the Chariton and Randolph Railroad shall be constructed within half a mile from the court-house in the town of Keytesville in said county of Chariton, and a depot is built at the nearest point practicable to said town of Keytesville."
The Chariton and Randolph Railroad Company failed and passed out of existence without ever building any railroad, and was succeeded by the North Missouri Railroad Company. On application made to the county court in the interest of the North Missouri Railroad Com- pany the following order was made and duly entered of record in the county court proceedings, to-wit : -
" In Chariton County Court, February 8th, 1866.
" Ordered by the county court of Chariton county that that portion of an order heretofore made by the said county court of Chariton county, in the State of Missouri, on the 6th day of November, A. D. 1862, is declared to be and is hereby made null and void, provided the North Missouri Railroad Company, having become a party to the above specified order of the court in virtue of a contract made with the Char- iton and Randolph Railroad on the 4th day of April, 1864, shall con- struct the west branch of the North Missouri railroad above the mouth
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HISTORY OF HOWARD AND CHARITON COUNTIES.
of the Muscle Fork creek in said Chariton county, and also passing through or touching the bluffs or high lands between the Muscle Fork creek and the Chariton river and south of the town of Keytesville, and establish a depot or station house at the nearest and most practicable point on said bluff's or high lands to said town of Keytesville."
It was a great misfortune in many respects, and especially in a bus- iness point of view, that the depot was located so far from the town. Had it been built just south of town, instead of a mile and a quarter away, Keytesville doubtless would have contained double its present population, and would have assumed something of the aspect of a new place. Why a county court, having at heart the good of Chariton county and its citizens, could have ever consented to rescind the order of 1862. requiring the railroad company to build its depot within half a mile of the court house, will perhaps remain an inexplicable mys- tery. By doing this the court ruined the prospects of the county seat, prevented its future growth and very materially detracted from the price of real estate in the town and surrounding country. It was a mistake, the effect of which cannot be estimated in dollars and cents.
At the same term of court an order was made appointing E. A. Hol- comb as a special commissioner to convey the lands formerly conveyed to the Chariton and Randolph Railroad Company, to the North Mis- souri Railroad Company.
Mr. Holcomb afterwards, on the 13th day of February, 1866, exe- cuted a quit-claim deed to said last named railroad company for the lands in question.
So matters stood until the 3d day of February, 1873, when an or- der was entered of record by the county court of Chariton county de- claring all former orders heretofore referred to in regard to said swamp and overflowed lands null and void, and directing the lands to be sold according to law, for the use and benefit of the public school fund of the county, which order was again renewed on the 25th day of April, 1873.
Afterwards the following order was made :
" In the county court of Chariton county, January 19, 1876 ;
"Whereas, the North Missouri Railroad Company, and those claim- ing under said company, have heretofore claimed and still do set up claim or title to a large body of swamp or overflowed lands of Chari- ton county, Missouri, amounting to some thirty thousand acres, more pr less, and belonging to the school fund of said county, pretending to have derived title to said lands from and through Chariton county,
.
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HISTORY OF HOWARD AND CHARITON COUNTIES.
by divers pretended orders of the county court, and other writings and instruments. and now hold and claim said lands adversely to the county. And whereas, in the judgment of this court speedy action should be taken to recover said lands, without which said lands and property will be wholly lost to the county and to said school fund. It is now, therefore, ordered by the court that the prosecuting attorney of Chariton county proceed at once to institute and prosecute to judgment any and all actions and snits necessary to recover -aid lands or establish the title thereto in favor of said county."
Under this last order made by Judge Isbell, on the 19th day of January, 1876, O. F. Smith, who, at that time, was the proscouting attorney for Chariton county, aided by Col. A. S. Harris, Daniel G. Saunders and H. Lander, commenced a number of suits for the re- covery of the lands in question. The various parties sued were rep- resented by Col. R H. Musser, Col. L. II. Waters, J. C. Crawley, Kinley & Wallace, E. A. Holcomb, Andrew Mackay, Jr., and F. J. Bowman, of St. Louis.
The validity of the various attempted transfers, grants, releases, conveyances, and other proceedings on this question, have undergone a very thorough legal investigation in the circuit court, and all the is- sues presented in the suit to recover the lands by the county for the use and benefit of the public school fund. have been decided by Judge Burgess in favor of the county. One case has been appealed to the Supreme Court of the State, and in that the judgment of the circuit court was affirmed. By these proceedings the public school fund of the county has regained over $30,000, which, according to the last financial exhibit made in May, 1883. shows the public school fund of the county to be $150,030.11.
MISCELLANEOUS MATTERS - POPULATION BY TOWNSHIPS.
Bee Branch township 2,298
Bowling Green township ( including the town of Dalton, 199) 1,246
Brunswick township (including Brunswick town, 1,801) 4,164
Chariton township 1,356
Clark township
1,136
Cunningham township (including Cunningham town, 177).
1.270
Keytesville township ( including Keytesville town, 737) 3.337
Mendon township 680
Missouri township
1,151
Musele Fork township
1,061
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HISTORY OF HOWARD AND CHARITON COUNTIES.
Salisbury township. (including Salisbury town, 908)
3,809
Salt Creek township
901
Triplett township
1,168
Wayland township
917
Yellow Creek township
730
White population in 1860
9,672
White population in 1870
16,336
White population in 1880
25,234
Colored population in 1860
2,890
Colored population in 1870
2,800
Colored population in 1880
3,990
Born in the State
16,563
Illinois
1,528
Kentucky
1,218
Ohio
718
Tennessee
260
Indiana
680
British America
120
England and Wales
118
Ireland
171
France
16
Scotland .
16
Sweden and Norway
31
German Empire
729
Wool, pounds, grown in 1880
63,761
Butter, pounds, in 1880
233,663
Cheese, pounds, in 1880 .
2,295
The manufactures in Chariton county for the year 1880
numbered
51
Capital invested in same .
$111,400
Hands employed - males
121
Females
1
Children
5
Wages paid employees, 1880
$24,803 .
Materials used
130,965
Produced
210,713
Taxable wealth for 1882
. $5,086,260 00
State revenue tax for 1882
10,172 50
State interest tax for 1882
10,172 50 .
609
HISTORY OF HOWARD AND CHARITON COUNTIES.
Collections from merchants' and manufacturer's tax books for 1881 $ 563 17
Ad valorem taxes and licenses collected 842 77
Collection from back tax books and delinquent per- sonal taxes, 1881 6,781 70
Interest on current taxes
80 00
Commissions on taxes, 1881
583 73
Number of dramshops in the county, 1882
10
Number of wine and beer saloons, 1882
5
Rate of State licenses paid by dramshops, for a period of six months $ 100 00
Rate of county licenses paid by dramshops for a period of six months 200 00
State licenses paid for six months by wine and beer saloons .
20 00
County license same period
20 00
Amount of State licenses and ad valorem taxes paid by dramshop-keepers, for year ending July 4, 1882 .
584 17
Amount paid for county license, same period
1,168 34
Amount of State license, and ad valorem taxes paid by wine and beer saloons, for year ending July 4, 1882 121 80
Amount of county licenses and ad valorem taxes for same period
121 80
Total for State and county paid by dramshops and wine and beer for year ending July 4, 1882
1,996 11
State taxes for 1882
40
County revenue
20
County interest
20
County sinking fund
05
County poor tax .
05
County township tax
25
Total State and county levy .
1 15
Average rate of school tax
591
Amount paid for prisoners in felony cases, 1882
442 00
Amount paid for prisoners in misdemeanors .
271 50
Total amount paid for prisoners in criminal cases,
1882
1,373 80
Number of fee bills audited in 1882 12
3530
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