USA > Missouri > Lafayette County > History of Lafayette county, Mo. , carefully written and compiled from the most authentic official and private sources, including a history of its townships, cities, towns, and villages > Part 36
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SEIZING A RAILROAD TRAIN FOR TAXES.
July 7, 1875, the county court ordered a levy of the taxes due upon the property in Lafayette county of the Atlantic & Pacific railroad company, which had bought the Lexington & St. Louis railroad. This order recited in detail the amount of track, road bed, depots, rolling stock, etc., within the county belonging to said railroad company, and also the amout of tax due thereon, item by item, as. fixed by the state board of equalization; and the total amount was $6,277.074. At this time Dr. Wm. A. Gordon was the county tax collector, and Wm. B. Steele, county clerk. The railroads generally in the state had evaded payment of their taxes by various sub- terfuges in different counties, or by outright intimidation of public officers in giving them to understand that if they seized any railroad property they would be prosecuted for damages. To lock horns with a powerful rail- road company, and take the risk on the uncertain sinuosities of legal pro- cedure, was no trifling matter; but the officers of Lafayette county had some of Gen. Jackson's " by-the-eternal" sort of grit in their make up, and they "took the bull by the horns " forthwith.
Dr. Gordon, as tax collector, on August 19, 1875, seized one locomo- tive, nine box cars, three stock cars, and one passenger coach, at Lexing- ton, chained them fast, under guard and held them as security for the railroad company's unpaid taxes. The railroad company immediately entered suit against him in the circuit court of Lafayette county for $20,- 000 damages and costs. In April, 1876, they procured a transfer of the case to the U. S. district court, on the plea that the prejudice of the commu- nity would prevent them from getting justice in Lafayette county, and also that the complainant was in law a resident of another state, the railroad company's corporate place of business being in New York city.
In order to bring out and authenticate this matter more clearly, we here copy from the official record of Dr. Gordon's sworn testimony in regard to his own proceedings:
I was collector of revenue for Lafayette county, for two terms, viz: From the first of February, 1873, to the first of January, 1877. Was
-
325
HISTORY OF LAFAYETTE COUNTY.
elected at the November election, 1872, for two years, and was my own successor, being elected again at the November election, 1874, for the term of two years from the first of February, 1875. The clerk of the county court, Williamn B. Steele, made out and delivered to me as such collector about March 31, 1875, the certified statement of the taxes of that date in evidence, against the Atlantic & Pacific railroad company for the year 1873, and I was directed also by the county court to levy the same on the railroad property, in case of default in paying same. I demanded pay- ment of the taxes due, of said company, through its officers, and said com- pany having failed to pay the same, I, on the 19th of May, 1875, by virtue of said certified statement, levied on the cars of said railroad company as set out in my return in said statement; I chained down, and locked these cars on the track of the railroad, near the depot at Lexington, Missouri, and put a guard there to watch and guard them, to prevent the railroad men from removing them, and advertised them for sale, as required by law, for ten days, keeping them guarded and locked down all the time. On the day they were advertised for sale the Atlantic & Pacific railroad company by suit of replevin against me in this court, replevined and took said cars out of my possession, giving bond with security approved by the sheriff in the sum of $40,000, and claiming damages against me in the sum of $25,000.
The next year the same proceedings occurred; but by the third year the whole business was in court, and the Lexington & St. Louis railroad was in the hands of a " receiver in bankruptcy." However, to present more fully the situation in this year, 1875, we copy the following from the records of the suit brought in April, 1876, against Wm. B. Steele, the county clerk. After reciting the bill of taxes made out and certified by the county clerk, the railroad company as complainant goes on to say :
All of which was done without any authority or warrant from any law of this state. That afterwards the said defendant [W. B. Steele] placed the said statement in the hands of the tax collector of Lafayette county, and directed the said collector to collect the said pretended taxes and penalties out of the property of the Atlantic & Pacific railroad company; and afterwards at the special instance and direction of said defendant the said collector did levy upon and seize a certain locomotive engine and cer- tain cars which belonged to the said plaintiff and which had never belonged to the said Lexington & St. Louis railroad company, and in which the said last named corporation did not at the time of said levy, have any interest, nor had it even had any therein.
And the said collector, Gordon, retained said property for the term of ten days, to the great loss and damage of plaintiff, amounting to the sum of five thousand dollars, for which sum, with interest and costs, plaintiff prays judgment.
The legal point raised was, that the taxes were due from the Lexing- ton & St. Louis railroad company, but that the property seized belonged to the Atlantic & Pacific R. R. Co. This proved to be technically true- but, in fact, it was one of the many artful dodges by which railroad com- panies had too long succeeded in evading their taxes. The county officers
326
HISTORY OF LAFAYETTE COUNTY.
could not know all the "inner intricacies" of the various transfers which had been made by the four different railroad managements which had at different times controlled the Lexington road, but they did know that the taxes were due and unpaid, and they proposed to collect them-which the same they did.
April 12, 1876, the county court employed A. F. Alexander and Ryland & Ryland, as attorneys "for the defense of the interests of the county in the tax suits brought by the Atlantic & Pacific railroad company against the collector and clerk of this court." The suits were carried into the U. S. district court at St. Louis, then transferred to a similar court at Jeffer- son City. But meanwhile the L. & St. L. R. R. Company had become bankrupt; and while the county had gained its cases against the railroad company, on the main issue; yet, in this particular instance the attorneys had to take what they could get. And on May 11, 1877, Xenophon Ryland filed the attorney's report. The important points of this repotr we here report from the county record: "The claim was settled by com- promise, and judgment and allowance rendered in favor of Lafayette county, state of Missouri, for the sum of eighteen thousand dollars, against the estate of Lexington & St. Louis railroad company, bankrupt, on the 9th day of May, 1877, in the U. S. district court for the western district of Missouri, at Jefferson City."
The total cost of all the suits, attorneys' fees and incidental expenses was $3,815.50, leaving $14,184.50, which Mr. X. Ryland paid over to the county treasurer, and the county court ratified and confirmed the action of its attorneys.
This case has an important historic interest, for it was the first time in the state that county officers had seized railroad property for delinquent taxes and carried their point. It was a test case and settled the question for every county in the state for all time. There has been no trouble since in collecting railroad taxes; these corporations now " step up to the captain's office," and pay their dues with commendable promptness-a very healthy practice which Lafayette county rightly claims the honor of bringing into fashion.
In the final settlement and disposal of the funds in these tax-levy suits, the commissions and incidental expenses of the collector were overlooked and not allowed him. He brought suit in the circuit court to recover his claim from the county, but was defeated. He appealed to the state supreme court, and the case at this writing (August, 1881), still remains there unsettled. Wallace & Chiles are his attorneys.
DATE OF OPENING OF OUR RAILROAD LINES.
In October, 1868, the railroad now known as the St. Louis & Wabash,
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327
HISTORY OF LAFAYETTE COUNTY.
was completed to a station four miles from Lexington, on the north side of the river.
In 1869, the Lexington & St. Joseph railroad was completed to the north bank of the river, opposite Lexington.
In 1870-71, the road-bed of the "Lexington Lake and Gulf " line was completed from Lexington southward through the county; but the com- pany failed, and no ties or rails were ever laid on it.
In March 1871, the line now known as the " Missouri Pacific" was completed from Lexington to Sedalia.
In 1876, the Narrow Gauge line was completed from Kansas City to Lexington without any bonds.
In 1878, the Chicago & Alton railroad was completed across the county from east to west. At that time bonds could not be lawfully voted; but the people of the county had to give the right of way and depot grounds, free, and. $50,000 in money besides, as private donations, in order to secure the road.
There are now (1881) three branch railroads terminating at Lexington, and every one of them is under the control of Jay Gould, or what is known as the " Wabash & St. Louis combination. "
THE RAILROAD PROJECT.
In 1868-69-70, it was confidently believed by the railroad partisans that in two or three years there would be six railroads coming into Lex- ington, and a railroad bridge spanning the river here. Out of this faith grew the scheme for a grand railroad hotel worthy of the situation. The grade of the Lexington & St. Louis railroad (now Missouri Pacific) termin- ated at South street between Elm and Lynn streets, and here the great hotel was erected, the remains of which appear in desolate grandeur to this day. The building was erected in 1870-71, at a cost of $85,000; it was a joint stock enterprise, and the county took $20,000 of stock in it. B. H. Wilson was the architect and builder; Geo. Farrar did the brick work, and manufactured all the bricks at his brick yard which is still in operation, on Graham's branch. The whole scheme proved a disastrous failure; and in 1879 the building was sold for delinquent taxes. Many car loads of the bricks have been shipped away to Sedalia and Kansas City, and enough still remain to build another small city-another child out of the loins of Lexington.
328
HISTORY OF LAFAYETTE COUNTY.
RAILROAD VALUATION, 1880.
[Lexington and St. Louis R. R., leased by the Missouri Pacific R. R. Co.]
Miles of track.
Value of buildings.
Total value in twp.
stock etc.
taxes.
Freedom twp
12.50 ... $1,700 ..
.$63,961 25
Davis twp ..
4.50
700
23,114 05
Dover twp.
4.00
1,000
20,923 60
Lexington twp.
7.25
2,000
38,111 52
Total in county
28.25
$5,400 $146,110 42
$13,585 42 $584 44
[Kansas City and Eastern (narrow gauge,) leased by Mo. Pacific Co.]
Clay twp ...
8.82
$250
$38,299 48
Lexington twp.
5.03
200
21,899 42
Total in county
13.85
$450
$60,198 90 $11,273 90 $240 79
[Chicago and Alton R. R.]
Middleton twp
6.40
$550
$66,363 75
Dover twp.
5.69
400
58,890 84
Davis twp.
4.34
650
45,306 40
Washington twp
10.19
550
105,248 09
Clay twp.
7.80
1,290
81,400 37
Sniabar twp.
2.26
23,303 89
Total in county . 36.71 $3,440 $380,513 34 $302,035 00 $1,522 05
[Western Union Telegraph lines.]
On Mo. Pacific R. R., one wire 28.25 m. Total value $1,836.25.
Chicago & Alton R. R. two wires, 37 m. Total value $3,145 00. Total tax $19.92.
The above is the assessment by state board of equalization for 1880. The following is the assessment by the county court for the same year, including both state and county taxes:
Total value in county.
Total tax.
Lexington & St. Louis R. R.
. $151,480 65
$2,702 34
K., Chicago and Eastern
64,065 80
1,116 83
Chicago & Alton .
382,909 09
6,760 09
West. Union Tel. Co.
4,981 25
88 40
In addition to the foregoing, there are twenty-five miles of graded road- bed, extending from Lexington to Chapel Hill, and known as the Lexing- ton, Lake & Gulf railroad, running through Lexington, Washington, and Sniabar townships, and built mostly with the bonds of these townships. A deed of trust on this property was foreclosed in 1877, and was bid in by Henry L. Newman, of St. Louis, trustee. It is supposed that he sold it to the C., B. & Q. R. R. Co., of Chicago, and that they will ultimately extend their Burlington and Southwestern line over it, crossing the Mis- souri river at Lexington. [See under head of “ River surveys and sound- ings, for railroad-bridge matter.] The grade is considerably damaged by
Val. rolling
Total
329
HISTORY OF LAFAYETTE COUNTY.
rains and floods, but it could be all repaired in a fortnight by a live company. It is not subject to taxation as it now lies; hence, valuation cannot be given.
WAR HISTORY.
FIRST TROOPS RAISED.
The first military company raised, in 1861, in Lafayette county was a company at Lexington, commanded by a Capt. John Tyler. This was composed of men of all shades of political opinion, the most of whom were of mature years. It was intended for "home protection," and to enforce a sort of "armed neutrality," a policy then much discussed. It was neither for the "south" or for the "north," but for peace, and for the protection of the citizens of Lafayette county from the invasion of their territory by either the confederate or federal forces. The company drilled on different occasions, but soon disbanded, as affairs assumed a condition not permit- ting neutrality. Capt. Tyler afterward entered the federal army.
On receipt of the news of the capture of Camp Jackson, and the firing on the citizens of St. Louis by the federals under Gen. Lyon, May 10, 1861, there was the most intense excitement in the county. Preparations were begun for war. Meetings were held, and measures, to organize military companies to assist in defending the state against the incursions and encroachments of the federals, were taken all over the county. There were many men in the county who had seen military service, and these were looked to, for the main part for counsel, advice, assistance, and lead- ership.
The unconditional union men of the county were largely in the minority; the secessionists-or at least the conditional secessionists-were not only in the majority, but were bold, defiant, and aggressive, and had but little patience with or respect for opposition. The union men held a meeting at Lexington, in the court-house, about the middle of May. John Flem- ing was chairman, and Dr. J. F. Atkinson, secretary. At that time there were only about twenty outspoken union men in the town, nearly all of whom were in attendance. The stars and strips hung from a staff at the chair- man's table. The meeting had not progressed far when the secessionists who were present, to the number of fifty or more, began violent interrup- tions, and at last, under the leadership of one Charles Martin, a man of desperate character, silenced a speaker, tore the flag from the hands of the secretary, breaking the staff in the effort, and bearing it in triumph from the room. A German citizen, Mr. Nicholas Haerle, a staunch union man, attempted to take the flag from Martin and his men, as they were leaving the hall, but was shot in the leg by Martin himself, and fell to the
330
HISTORY OF LAFAYETTE COUNTY.
floor. The meeting thereupon adjourned without orders, and sine die! Thereafter the union men of Lexington were, for a time, less demonstra- tive in their loyalty to the federal government.
On the 20th of April, 1861, the United States arsenal, at Liberty, Clay county, was siezed by volunteers from different counties in this part of the state, and the arms and munitions therein, inconsiderable as to number and not very valuable as to character, placed where it was thought they would "do the most good" for the state of Missouri. Capt. H. M. Bledsoe, Curtis O. Wallace, and other Lafayette county men, assisted in this cap- ture which was effected without any difficulty, and it is said by the order of Gov. Jackson, certainly with his connivance. Bledsoe and Wallace brought two of the captured cannon with them back to Lexington as their share of the spoils of war. When the cannon arrived at the Lexing- ton wharf, a considerable crowd witnessed their delivery on shore with great elation. Afterward this feeling was changed to disappointment, for upon inspection, the guns, a pair of iron six-pounders, were thought to be honeycombed with rust and age, and absolutely worthless, but which in time proved to be a mistake. The object of bringing these guns to Lex- ington was to form a battery for state service, to be tendered to Gov. Jackson, and this was afterward done by Capt. Bledsoe. When the first federal troops came to Lexington (Col. Stiefel's regiment) they found one of these Liberty arsenal cannon, which the state troops had abandoned as worthless. This gun afterwards formed a part of Pirner's battery in the battle of Lexington, and. Capt. Pirner says it was the best gun he had- would shoot the straightest.
THE COUNTY MILITIA FUND.
April 29, 1861, a petition was presented to the county court by Thomas W. Shields, R. M. Henderson, John P. Bowman, and others, asking an appropriation "to arm and equip at least one thousand men," etc. The court declined to do so until the legislature should pass an act author- izing it.
May 15, the court record refers to "the special act by the general assembly of the state for the benefit of Layfayette county, passed May 14, 1861," and also to the state militia law. The court then appropriated $10,000, " or so much thereof as may be needed, for the purpose of arm- ing and equipping the volunteer militia of said county for the necessary defense thereof, and for such other purposes connected with the military defense of the county and state as the court may deem proper," etc. Charles S. Tarlton, one of the judges, was appointed agent to disburse this fund. The bonds on which the money was raised, were made pay- able in one, two, and three years, at ten per cent interest.
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331
HISTORY OF LAFAYETTE COUNTY.
July 2, 1861, there appears a record of the following sums paid out of the above mentioned military fund:
J. A. Graham's bill for tin-ware $
24.90
Wm. Morrison's bill for tin-ware.
37.80
John Aull's bill for tin-ware .
95.35
James M. Baker's bill for tin-ware
75.02
Henderson & Day's bill for tin-ware.
81.01
Smith & Hale's bill for tin-ware ..
503.88
James S. Lightner's bill for tin-ware.
42.00
Royle, Newman & Co's bill for tin-ware.
77.16
Limrick for blankets. .
Henderson & Day's bill for boots and shoes
4.50
James A. Fishback, for blankets
25.00
J. & D. Levey, blankets
7.50
Royle, Newman & Wells, blankets
5.00
J. J. Samuels, shirts.
5.25
Paid George Wilson's company
5.00
B. F. Gordon's receipt .
50.00
Robert Hale, receipt for Lexington company
50.00
Thomas A. Webb's receipt 50.00
Thomas Shelby's receipt .
20.00
George P. Gordon's receipt .
50.00
J. R. Graves' receipt 30.00
20.00
Paid steambort for carrying troops to Jefferson City
63.00
Amount loaned to Barton .
5.00
Total
$1,329.36
It is noted that some of these bills were only partly paid; the total amount paid was $966.95, the remainder standing as " balance due " on them. And no further record appears in this matter until November 5, 1861, when the following entry was made: "Now, at this day comes Henry Neill, county treasurer, and settles with the court here for the fund known as the military fund, showing that said fund is now exhausted and balanced, which is approved and ordered to be filed." The documents filed consist of two warrants drawn on the county military fund, each for $500. One bears date May 17, 1861. and the other June 20, 1861. So it appears that $1,000 was all that was ever used of the $10,000 which had been authorized.
LAFAYETTE MEN'S FIRST BATTLE.
About the first of June, a company of United States dragoons from Ft. Leavenworth, under command of Capt. S. D. Sturgis, afterward a major general, had an encounter with some Jackson county militia under Capt. Holloway, who had lately resigned a position in the regular army to offer his services to the state of Missouri. In this encounter, which took place on Rock Creek, a tributary of the Big Blue, Captain Holloway and Lt.
Paid H. Reese for caps ..
2.00
332
HISTORY OF LAFAYETTE COUNTY.
McClenahan, of the Jackson county troops, were killed. Captain J. O. Shelby, of Waverly, had raised a company of cavalry, and was in Jack- son county when this skirmish took place .* Holloway was in command of all of the Jackson county men as colonel. He was a brave and gallant officer, and only a few days before he was killed, was at Lexington engaged in forming and swearing in men for state service.
Immediately upon receipt of the news of the affair on Rock Creek, and the killing of Holloway and McClenahan, several companies of Lafay- ette county men were formed and marched to the relief of their Jackson county brethren. Capt. Ben. Elliott had one company from about Chapel Hill; Capt. J. M. Withers, one from about Mt. Hebron; Capt. Seth Mason, one from Davis township; Capt. Webb, one from Dover, and Capt. Whiting, one from that vicinity; Dr. Hassell and Capt. Graves had com- panies from Lexington. There was also an artillery company, composed of men from Lafayette county, and commanded by Capt. H. M. Bledsoe. The Lafayette men soon reached the scene of the trouble and went into camp on the Blue. This camp was called Camp Holloway, in honor of the gallant officer who had fallen but a few days before. The men remained there a week or more, when they returned home.
At first the Lafayette county militia-or state guards as they came to be called-were armed, uniformed, and equipped by themselves. The infantry and cavalry carried every description of small arms that would shoot. There were double-barrel shot-guns (these were the favorite weapons, by the way), squirrel rifles, revolvers, pistols, etc., and a few sanguinary individuals had bowie knives.
Bledsoe's battery was at first composed of two pieces of artillery. One gun had been captured by Col. Doniphan at the battle of Sacramento, in the Mexican war, given by the United States to the state of Missouri, and by the state to Lafayette county. It was of amalgam, brass, copper, sil- ver, etc., and was at first a nine-pounder. For a long time it had lain about Lexington, being only used on the Fourth of July and at jollifica- tions for the purpose of firing salutes. The boys of Lexington were wont to charge it half full of powder and brick-bats and fire it with thundering reports. This gun was taken to Morrison's foundry and bored out, being enlarged to a twelve-pounder. The whole length of the gun was not bored; by some mistake, about four inches of the breech remaining of the original caliber. This necessitated the use of a peculiar sort of cartridge, and eventually to the condemnation and retirement of the piece from active service, since its cartridges could not be obtained from the regular ord- nance depots, but had to be manufactured on the field, and material for this purpose was not always obtained. "Old Sacramento," as the gun was familiarly known to nearly everybody in Lafayette county, or "Old
* Edwards, " Shelby and his men," page 28.
JAMES B. EADS. [SEE PAGE 49.]
LUCAS MARKET .. THE OLDEST MARKET IN ST. LOUIS.
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333
HISTORY OF LAFAYETTE COUNTY.
Sac," as Bledsoe's men called it, did good work for the southern cause, what time it was in service, however. The artillery men used the femi- nine pronoun " she," in speaking of "old Sac," and soon learned to regard "her" with a great deal of admiration and affection. At Carthage, Wil- son's Creek, Elk Horn, and Pea Ridge, she proved very effective, as tes- tified to by the federals themselves. At Memphis, Tennessee, she was inspected and condemned, however, and the last heard from her, she lay in the confederate navy yard at Mobile, Alabama. The other gun was an iron six-pounder, cast in Morrison's foundry. Morrison cast two six- pounders, only one of which was used, however, for want of a proper car- riage. The other was left on the steps of the masonic college, upon the first retreat of the state troops from Lexington .* A brass six-pounder was added to the battery from Independence.
For powder, the Missourians did not lack. Gov. Jackson had sent up into this and Saline county, about 10,000 pounds of Laflin's and " Dupart's best," which was afterwards distributed among the friends of the southern cause for safe keeping. The federals succeeded in capturing some of it at differ- ent periods.+ It was hid in hay lofts, under bridges, buried in orchards, and it is said that at this day there are a few kegs in a house in Lexing- ton, lying snugly hidden away between a ceiling and an upper floor.
RESPONSE TO'GOV. JACKSON'S PROCLAMATION.
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