USA > Missouri > Vernon County > History of Vernon County, Missouri : past and present, including an account of the cities, towns and villages of the county Vol. I > Part 35
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3,92
HISTORY OF VERNON COUNTY
LOCAL ATTORNEYS OF VERNON COUNTY BAR, MAY TERM, 1911.
Birdseye, H. F.
Johnson, J. B.
Burton, C. G.
January, M. T.
Coil, J. N.
Journey, J. B.
Clark, H. C.
Kennedy, L. N.
Dail, L. L.
King, A. J.
Elliott, A. E.
Lindley, E. P.
Ewing, Lee B.
Moss, J. R.
Gehrean, J. E.
Myers, T. J.
Gordon, Irvin.
O'Bryan, Daniel.
Gilbert, Chas. E.
Pinkerton, M. A.
Gibson, D. M.
Poage, Homer M.
Hallett, W. H.
Scott & Bowker.
Hoss, O. H.
Smith, J. W.
Harris, J. B.
Wight, S. A.
Hull, J. M.
Williams, C. C.
CHAPTER XXX.
VERNON COUNTY COURT-HOUSES.
BY J. B. JOHNSON.
The chapter on the Bench and Bar of Vernon county, not only suggests but calls for something on the court-house-the emblem and personification of a free and independent government and people-"The Temple of Justice" whose doors are always open to the most humble and obscure citizen for the protection of his rights and the redress of his wrongs, whether to his person, character or estate. Without court-houses in which equal and impartial law is administered free government cannot exist and civil and political liberty would be only a high sounding phrase signifying nothing. To make a connected and continuous story some matter found elsewhere in this work will have to be re- peated, but this grouping of facts in one article will surely be appreciated by the reader. In passing it may not be out of place to say that my old and departed friend, Dr. Badger, told me while the present court-house was being built that he had paid taxes on his home farm in Badger township to build four court- houses-the one at Papinsville when he was a citizen of Bates county, before this county was organized; the one built in this county before the war; the one built just after the war, and the present one. It falls to the lot of a very few men to be able to make such a statement.
The first movement toward building a court-house for this county was in November, 1855, when Dr. Dodson, by order of the county court, was requested to procure the passage of a special legislative act empowering the county to borrow from the road and canal fund a sufficient sum to build a temporary court- house. R. H. Williams on February 5, 1856, was appointed com- missioner of public buildings and was ordered to contract for a court-house, to be built in compliance with a plan reported by him, the same to be raised and covered by April 28th following,
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HISTORY OF VERNON COUNTY
and to cost $652; but in May Mr. Williams reported that he had made a contract with James Bryan to build the house for $900, which was approved by the court and all former orders were set aside and the house ordered built under this contract on lot 4 of block 2. D. C. Hunter was appointed superintendent of construction and the house was built according to a plan made by him. It was a frame, two stories high, set on a good stone foundation, 28x18 feet, weather boarded, painted white, with three windows in the lower and four in the upper story and being on lot 4 of block 2, stood where Wm. King's shoe store now stands. It was completed and accepted on June 23, 1857, there being some delay as it should have been done the fall before, by October 27. The court-room was on the ground floor and by order of the county court was let to all religious denominations for preaching. John C. Boone, a lawyer, had his office with the sheriff in the west room of the upper story until fall of 1858. This house proving too small, a brick building was built on the southwest corner of the square in 1860 for the clerk's office. This building was 22x18 feet, cost $550 and was ready for occupancy August 8, 1860. D. C. Hunter was both circuit and county clerk. These buildings were destroyed when the town was burned in May, 1863. When the county got organized after the war steps were taken in January, 1867, to provide for the building of a new court-house and $15,000 were appropriated by the county court for this purpose, but it was soon found that this sum was not enough and so in April, after making careful estimates, $21.973.90 were appropriated for this purpose and Col. A. A. Pitcher was appointed commissioner and empowered to let the contract in accordance with the adopted plans and specifications. C. W. Goodlander, of Fort Scott, was awarded the contract and the building was completed about the first of October, 1868, but the building was dedicated with a big ball some little while be- fore that. Some alterations in the original plans caused some extra work which brought the final total cost up to about $25.000, $10,000 being paid in county bonds and the balance out of the contingent fund. This building was a square, plain brick, facing south, with a hallway through the center with three office rooms on each side, a front vestibule from which two stairways led up to the circuit court room, one on the east, and one on the west; over this vestibule were the sheriff's office and the
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VERNON COUNTY COURT-HOUSES
jury room and over these rooms was a seated gallery ; on top was a dome and flag staff; the circuit clerk's office was in the north- east corner downstairs, having a stairway leading up into the courtroom. It was soon discovered that the building was illy arranged and was nowhere fireproof, which endangered the records, so in 1873 the west stairway in the vestibule was torn away and the space utilized to make a fireproof vault for the recorder's office ; a partition was run north and south in the court- room, cutting off on the east side a hallway and three rooms, two for the circuit clerk and one for the sheriff, this change costing about $2,000. As the years passed the dome disappeared in trying to remedy leaks, leaving an unsightly square building without a single architectural feature, and in a few years it became weather-beaten, dingy and an eyesore and humiliation to the citizens, especially of Nevada, and along in the nineties a new court-house began to be talked about and in 1902 it took concrete forni by a petition with the requisite number of names (the law requiring 100) being presented to the court asking that a special election be called to vote on the proposition to levy a special tax or issue bonds to raise $75,000 to build a new court- house. From the court records the following appear as signers of this petition, supposedly taken from the head of the petition : J. A. Wilson R. J. Dale, A. W. Jones, Marion McCollough, J. R. Walton, H. E. Manser, H. C. Weber and G. W. Petty. This petition was presented to the court on September 14, 1902, and the election was ordered for November 4, being the date of the general election. The returns showed for the proposition 1,483, against 1,748, so it was lost, but the enterprising and progressive part of the community were not discouraged and on the 7th day of February, 1904, another petition praying that the same propo- sition be submitted to the people and the court ordered an elec- tion for March 29, 1904 :
From the court records the following appear as signers of this petition, supposedly taken from the head of the petition : J. Boatright, S. J. Preston, C. T. Bunce, S. F. Hoppenbrock and H. L. Webber. The vote stood: yeas, 2,090; noes, 2,329; and so it was defeated again. In no way disheartened, as the new court-house was so badly needed from a business standpoint as to room for the county offices and fire protection for the valuable records. and being moved by commendable civic pride, the prog-
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HISTORY OF VERNON COUNTY
ressive element again on the 5th of December, 1905, renewed their petition and the court promptly ordered a special election for January 11, 1906. None of the names on this petition were copied into the court records. The vote stood: yeas, 2,763; noes, 1,236, giving the yeas a two-thirds majority of 97 and a two-thirds majority being necessary, the perseverance of the new court-house side is made apparent in view of the former votes. Immediate steps were taken to carry out the will of the people as shown by their votes. The old court-house was adver- tised for sale and a special levy for court-house purposes was made (the vote being to pay by direct tax) ; on June 6th the plans and specifications for the new building were approved and on July 27, 1906, the contract was awarded to Beagles and Dye, local contractors. In the meantime the county-court, at the suggestion and request of citizens, in order to secure the best building for the money, had agreed to work in connection with a building committee composed of twenty men selected from dif- ferent parts of the county and to make assurance doubly sure Mr. Theodore Lacaff, a prominent citizen, being connected with the First National Bank at the time, and who was an old con- tractor and builder, was employed at a stated salary to superin- tend the work, these precautions in addition to the fact that the contractors had a high reputation for business integrity and honest workmanship as contractors resulted in the building when completed being the most satisfactory public building that prob- ably was ever built in the state. The corner-stone was laid on Tuesday, the 30th of October, 1906, with Masonic ceremonies, a great crowd was present, the public schools being closed for the occasion, addresses were made by several citizens, among them being Hon. S. A. Wight, whose remarks contained so many good and appropriate things that it is entitled to a place in this ac- count and is here given at length, leaving out the introduction :
"The old court-house which has been removed, that this build- ing may stand in its place, had many associations, that are almost sacred to those of us, who in the first flush of manhood, filled with high aspirations and ambitions, commenced our professional career within its walls.
"The aggregate of the hours that I passed within its portals, if computed would sum up into years. I also remember the great effort that was made, by those who were at that time inter-
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VERNON COUNTY COURT-HOUSES
ested in Nevada, to have it built. Oh! How few of them are here today, the war had closed but a little more than two years when its erection commenced. The sparsely inhabited and unsettled condition of the country was the factor of many schemes to de- stroy old county lines and erect new counties, and every ambi- tious cross road wanted to be a county seat. From the Missouri river to the southern boundary of the state there were many such schemes and Vernon county was marked as one of the victims for geographical dissection. The building of the old court-house, solidified things and gave Nevada that pre-eminence, growth and power, that put an effectual barrier to slicing off any portion of Vernon's fair territory, to build new counties and new county seats. The old court-house was an edifice when built, that the people of Vernon county were justly proud of, for it was the first court house of any pretensions, that was built in Missouri after the war, and for many years thereafter was the best one in this part of the state.
"There are also many other recollections that cluster around the old building. How many hearts of litigants have palpitated with hope or fear within that old courtroom as they looked into the faces of judges and jurors and prayed for decisions and ver- dicts, that would save their lives, their liberties, their honors or their properties. Oh! My friends, there have been both tragedies and farces played within its walls.
"Again, I recall the strong and able men, forensic and politi- cal orators whose soul-stirring appeals have thrilled the hearts of jury and listeners within that old courtroom-the scholarly and eloquent Philips, the matchless Vest, that grand old states- man John S. Phelps, that hero both in war and peace, Frank P. Blair, that prince of nisi-prius lawyers Waldo P. Johnson, that encyclopedia of legal learning, the nestor of the Missouri Bar, Foster P. Wright, that great Missourian and patriot John B. Hen- derson, who in the face of the threats of his party associates, by his vote in the United States Senate in the impeachment trial of Andy Johnson saved his country from everlasting disgrace, and from establishing a precedent, that sometime would probably have plunged the Republic into another civil war.
"These and many others, most of whom have gone over to the great majority have been listened to in that old courtroom,
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HISTORY OF VERNON COUNTY
men who have assisted in making the history of both the state and the nation.
"I will not stop to eulogize the distinguished members of the local bar, whose names have added lustre to the important mat- ters that have been transacted within that old court-house. But Bradford, Doss, Davis, Scott, Kimball and Jackson all practiced their profession there, and in doing so added honor to the pro- fession and to its history, tender memories.
"Its records were never disgraced by corrupt judicial de- cisions, or purchased verdicts, and thank God, no mob violence ever invaded its sanctuaries, or intimidated its officers. In bid- ding it goodby I feel it aprpopriate to quote the tender sentiments so beautifully expressed by Tennyson, in the farewell of the New Year to the Old :.
"' ' Old year you shall not be forgot, We did so laugh and cry with you, We've half a mind to die with you, Old year, if you must die.' "
"But life is progressive, the old must give place to the new, and in the evolution of all things, we can hope that this will be as much improvement in things animate, as those inanimate, that mankind will grow wiser and better, and that men will cast off the shackles of precedent, and act in all things for the best interest of the whole country. With such inspirations we may safely hope, that this beautiful edifice, when completed, this evidence of our civilization and Vernon county's progressive spirit. will be the alamo of human rights, the sacred sanctuary, that holy of holies, where justice shall be impartially administered, where honesty shall be encouraged and protected, and crime and law- lessness be adequately punished. The courts of our county are the last palladium of law and order, the executive part of our gov- ernment may become lax and careless, the legislature may become corrupt and purchasable, but the courts in this and all civilized lands, have always been the main bulwarks, for the preservation of human rights, and when they cease to exercise those high functions, civilization itself will perish."
The building was practically completed by the first day of January, 1908, and in the latter part of that month the various
COURT HOUSE BUILT AFTER THE WAR 1867-8.
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VERNON COUNTY COURT-HOUSES
officers began to move from their temporary offices over town, occupied by them during the construction of the new building, and on the 10th day of February, 1908, the first term of the circuit court began in the new court-house. During the spring of 1911 a jury, library, and judges' room were built in the north end of the courtroom, which were provided for in the original plans but were left for economical and other reasons; this was done at a cost of $659.65 and at the same time electric light fix- tures were installed all over the building at a cost of $325.90. The treasurer's books show that there has been paid out of the court-house fund $93,215.38, distributed as follows: For the court-house, $86,737.68; for grading, curbing, sidewalks, paving, and a few articles of furniture, $6,477.70; and in addition to this about $2,000.00 has been paid from the contingent fund for furni- ture, chandeliers and changing circuit courtroom as above de- scribed, bringing the grand total of this improvement at this date, August, 1911, up to $95,215.38, and no one begrudges a cent of the money so laid out and expended. It might be explained in this connection that when the building was started there was no money in the court-house fund and none to become due until in the fall, the court to meet the contingency transferred $14,990.13 from the sinking fund, which action met with a great deal of criticism, and this amount has never yet been made good to the sinking fund. Under an order of the county court a special election was held on the 14th day of April, 1908, to provide funds to furnish the court-house and otherwise finish up the work, but the proposition was voted down. A marble memorial slab or tab- let adorns the inside wall at the entrance on the first floor, with the following inscription in gilt letters :
"Appropriation of $75,000 voted January 11, 1906
R. G. KIRSCH, Architect; Theodore Lacaff, Superintendent.
COUNTY COURT :
W. B. Martin, Presiding Judge.
S. B. Combs, Associate N. Dis.
C. C. Pettibone, Associate S. Dis.
.J. N. Staten, Presiding Judge.
P. Henshaw. Associate N. Dis.
W. S. Creel, Associate S. Dis.
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HISTORY OF VERNON COUNTY
Harvey W. Isbell, County Clerk.
BUILDING COMMITTEE:
E. T. Letteon G. Hartzfelt E. B. Leedy
B. J. Moncrief W. H. Johnson A. B. Cockrell
B. Brokaw D. J. Field David Arnold
C. Brubaker W. C. Hanna
W. F. McDaniel
H. E. Snyder
H. C. Moore J. D. Hatfield
S. Heathman
E. W. Randell W. H. Fowler
A. B. Holcomb E. C. Snodgrass Frank Daly
Tower Clock Donated by A. B. Cockerill.
J. B. Beagles and F. Dye, Contractors.
D. E. Fluke & Son, Plumbing and Heating."
It is due to the memory of that broad-minded and generous gentleman, A. B. Cockerill, who died quite recently, to say that when it was found that the amount he had agreed to give for a ยท clock would only provide a black face and he was made ac- quainted with the fact he promptly said, "Go ahead and get glass dials, I will stand the extra expense," and so we have a hand- some clock in the tower of the court-house, the whole expense amounting to something like $1,400, borne by this liberal citizen alone. Every time any citizen of this county looks up at that clock they will feel their hearts moved with a kindly feeling of gratitude to this good and kind man who lies at rest in beautiful "Deep-Wood Cemetery."
It can be well said that we are all satisfied with and proud of our new court-house and look upon it as a fitting material mani- festation of the spirit of progress and intelligent enterprise that pervades the people of this county.
CHAPTER XXXI.
EDUCATIONAL INTERESTS OF VERNON COUNTY.
RURAL SCHOOLS.
By
W. Y. Foster, County Superintendent.
The heading of this chapter naturally divides itself into five subheads or articles, following a logical sequence, developing and elaborating a central and controlling thought as will plainly ap- pear and show itself to the reader; these subheads or articles are : First, historical review of the office of county commissioner or superintendent ; second, county institutes; third, county associa- tions and summer schools; fourth, county board of education : and fifth, county supervision.
HISTORY OF THE OFFICE OF COUNTY COMMISSIONER OR COUNTY SUPERINTENDENT.
When Vernon county was established in 1855, the following laws, regarding schools, were on the statute books of Missouri :
(1) "The county court shall at the November term in 1857, and every two years thereafter, appoint a person who shall serve as county commissioner.
(2) "The county court may appoint the county clerk as county commissioner."
The first person to hold the office of county commissioner in Vernon county was Thomas W. German. On November 3, 1856, he was allowed an account of $6.75.
W. H. Blanton was appointed county commisisoner in 1857 and served during 1857 and 1858.
The work of the office must have been limited for he was allowed $70 as services for the year of 1857.
John C. Boon served as county commissioner from 1858 to
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HISTORY OF VERNON COUNTY
1860. He was allowed $36 for taking the school enumeration in 1858.
The commisisoner was paid at the rate of $2 per day for the number of days he gave to the work.
On December 8, 1858, Commisisoner Boon was allowed $98 for forty-nine days' work. In 1860 he devoted eighty-four days to the duties of the office and on September 7 he was allowed $168 by the county court.
The last commisisoner to serve before the Civil War was U. A. Page. He was appointed in November, 1860, and served until March 1, 1861. He received as compensation $65 from the county court.
The last meeting of the county court before the war was on June 6, 1861. The office of county commissioner was vacant from 1861 to 1866. The school interests of the county were neglected during this time, as were all arts of peace, on account of the turbulent conditions incident to the Civil War.
The General Assembly of 1865-6 enacted a law providing for a county superintendent of schools in every county of the state. The first county superintendent was to be elected at the general election in November, 1866, and every two years thereafter. He was to be a qualified voter, a competent public school teacher, and possessed of a good moral character. Under the direction of the state superintendent, he was to have immediate supervision of all matters pertaining to public school education in his county.
He was to instruct the district clerks, township boards of edu- cation and directors of sub-districts as to their respective powers and duties.
He was to visit and examine schools, confer and counsel with teachers, deliver lectures on popular education, and organize and hold teachers' institutes at least twice a year.
He was to receive such compensation per diem for sixty days (fifteen days per quarter) as the county court deemed just and proper. The first county superintendent was to be appointed by the county court and serve until the next general election.
The county administration was reorganized after the Civil War on October 17, 1865. Shortly thereafter County Clerk J. L. Wilson was appointed county commissioner of schools. On June 4, 1866, he was allowed $50 for taking the enumeration. Pur- suant to the provisions of the supervision law, S. C. Hall pre-
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EDUCATIONAL INTERESTS
sented a petition from the citizens of the county to the county court, on June 8, 1866, asking the court to appoint L. J. Shaw to the office of county superintendent. This was done on the same day.
At the general election on November 6, 1866, L. J. Shaw was elected county superintendent for a term of two years. He re- ceived 203 votes as against 27 votes cast for his opponent, N. M. Tracey. Up to this time, the persons serving in the office of county commissioner were not required to be teachers and hold teachers' certificates. In fact, they were usually lawyers or poli- ticians and the commissionership was but a side line with them.
Superintendent Shaw was the first official elected to the office as a school man. He held a teacher's certificate and was the first official to hold the office elected by the people. L. J. Shaw was allowed for his services as follows: June 5, 1867, $46.60; Sep- tember 3, 1867, $47.90; December 2, 1867, $46.75.
S. H. Thompson was elected county superintendent in Novem- ber, 1868, and served until 1870. On May 1, 1869, the county court ordered that time be allowed one hundred days instead of sixty days. That is, he was allowed twenty-five days per quarter instead of fifteen days.
In 1870, the law of 1865 was amenned so as to allow the county superintendent $5 .per day for as many days as there were sub- districts in his county, and from twelve to forty-eight days addi- tional, according to the number of children of school age enumer- ated.
A. W. Van Swearingen was elected county superintendent No- vember, 1870, and served until 1872.
The supervision law of 1865-6 never became popular because the work of the county superintendent amounted to but little benefit to the schools of the county.
In fact his duties were advisory, perfunctory and clerical. He examined teachers, distributed blanks and made reports. He had little real authority. It might be added that the educators of the state were not ready for county supervision and public sentiment would not yet sustain it.
The supervision law of 1865-6 was repealed in 1872 and pro- vision was made for a county commissioner of schools whose duties were purely clerical, except in the matter of examining and licensing teachers.
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HISTORY OF VERNON COUNTY
J. M. Blake was elected county commissioner in 1872, and served until 1874, and until his successor was elected and quali- fied. Commissioner Blake was the first official elected as such in the history of the county.
In 1873, the duties of the commissioner were somewhat en- larged, and compensation of $40 was provided for making report to the state superintendent. The General Assembly in the early part of 1874 amended the law pertaining to the election of county commissioner, placing his election on the first Tuesday in April. Commissioner Blake, whose term of office would have expired in November, 1874, held over until April, 1875, because of the change in the time of the election of the commisisoner.
A. J. King was elected to the office in April, 1875, and served until 1879, serving two terms. He was the first county commis- sioner to be elected at the annual school meeting in April. From 1875 until the present time, the school commissioners and super- intendents have been elected at the annual school meeting in April.
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