USA > Missouri > Greene County > Past and present of Greene County Missouri, early and recent history and genealogical records of many of the representative citizens, Volume I > Part 18
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The fight continued for two or three years. It took delegation after delegation to Washington, and bombarded the national officials with hun- dreds of petitions, affidavits and other documents without number. The late Paul Roulet, who was one of those sent to Washington to urge the northern location, about the middle of the struggle, told the writer after his return that when the Secretary of the Treasury, on whom he was calling, ordered the papers referring to the Springfield building brought in, that six attendants came bearing between them three large willow clothes-baskets piled high with the documents that had already accumulated in the struggle.
But, at last. the question was decided in favor of the north end, and the building went on its present location, in the block south of Center street, on the east side of Boonville. But the settlement of this controversy by no means served to adjust the difference of opinion as to the location of the proposed new court house. The north end men, who advocated a central location, were elated at their victory in getting the government building where they wanted it; and the friends of a location near the Public Square
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claimed more strenuously than ever than they were entitled to the court house, as their opponents had won the post office.
Years passed; County Courts were elected or defeated on the single issue of their opinions on the location of the new court house. The old building, patched and tinkered over times without number, steadily de- teriorated until the paper hung flapping from its walls and great sections of plastering fell from the ceilings from time to time, to the terror of those compelled to frequent the place. And when a county court in self-defense did any repairs there was a cry at once raised that it was a waste of public moneys to put another dollar into the old building.
Some time about 1903, the County Court consisted of John Y. Fulbright, presiding justice; Judge Charles Bennett, judge for the first dis- trict, and Judge O'Neal, for the second district, Judge Bennett, who favored the central location of the court house, said to Charles P. Ollis, a leading real estate dealer and prominent citizen of the north side: "Mr. Ollis, I be- lieve if you could get the land we need at Center and Boonville, optioned at a fair price, that Judge O'Neal would vote with me for its purchase." Such a hint was all that Ollis needed and he quickly and quietly proceeded to get the options upon the different lots which constituted the proposed site. This was a task which required not only full knowledge of the values of the property in question, but also such tact and acquaintance with human nature as few men possess. But Charles P. Ollis was the right man for the place, and he rapidly tied up lot after lot. The owner of one lot was a resi- dent of St. Louis, and when Mr. Ollis went to that city and called upon him, the price set upon the Boonville street frontage of the lot in question was $100 a front foot. This was double the figures at which other lots had been optioned, and Mr. Ollis naturally demurred at the figures. But the owner was obstinate.
"Why," he said, "if you gentlemen down there have lost confidence in the future of Springfield, I have not. My property is worth a hundred dol- lars a foot to me today, and it will be worth more soon." Mr. Ollis finally got around this difficulty by getting an agreement with the St. Louis man that he would exchange his lot for another across Boonville street. Then Ollis went home and optioned the other lot. But the matter of locating the new court house still hung fire.
We find in the records of the court, under date of July 5, 1906, the fol- lowing entry :
"At a session of the Greene County Court, July 5, 1906, present, the Hon. B. J. Diemer, Presiding Judge of the County Court; Hon. T. K. Bow- man, Associate Judge for First District ; Hon. H. B. East, Associate Judge for Second District : Hon. Roscoe Patterson, Prosecuting Attorney; M. O. Milliken, Sheriff ; H. E. Patton, County Clerk.
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"The Court took up the matter of a contract dated June 24th, 1904, between Greene County and B. U. Massey. This contract sets forth : "That, whereas the County of Greene is desirous of erecting a new and suitable Court House for said County and of purchasing suitable property in the city of Springfield, the county-seat of said county, on which to erect said court house, and it is the intention of the County Court of said county to submit to voters of said Greene county, when a proper petition therefor is sub- mitted to the Court, a proposition to incur a bonded indebtedness of this county to raise money to build said Court House, and the said County Court will need the advice and counsel of some person learned in the law to advise and direct as to the technical requirements of the law in each particular step in said contemplated proceedings and undertakings on the part of the county, and by agreement the County Court of Greene county, acting in behalf of said Greene county, does hereby contract with and employ said B. U. Massey, as an attorney-at-law, to aid by counsel and advice this Court in the matter of purchasing property upon which to build a court house; ex- amine the abstracts of title to said property, * to prepare and put in proper form such orders as this Court may see fit to make, and in the event that there is presented to this Court a petition for an election to vote upon a proposition to vote bonds of this county, to erect a court house, to give to this Court advice as to said petition, and put in proper form."
The same date, July 5, 1906, an order was made as follows: "In the matter of the purchase of a lot or parcel of ground upon which to erect a new Court House at the City of Springfield, the County seat of Greene County, Missouri. Order to purchase lot."
The court then sets forth at great length the urgent necessity of a new court house ; the dilapidated condition of the old building; the fact that it was wholly inadequate in size and internal arrangements for the uses for which it was designed, and for which it was being used. The danger of the de- struction by fire of the records in the office of the recorder of deeds, the County Court records, and those of the Circuit and Probate Courts. That such destruction of the records "would inflict an irreparable loss upon the real estate owners of this county, and a loss almost as serious and severe upon the citizens of the county generally." "To longer neglect action on the part of the officers of the county, to whom is entrusted the charge, care and management of county affairs, in presenting to the citizens of this county an opportunity to build a new court house, seems almost unexcusable."
The statement of the court goes on to set forth that the county already owns the lot at the northwest corner of Robberson avenue and Center street, upon which the county jail has been erected, and the inconvenience now and always of transferring prisoners hence to and from the present court house, "and as the property west of the jail lot, and fronting west on Boonville.
CLOTHI
12 PR
OLD COURT HOUSE, BUILT IN 1858 AND VACATED IN 1912.
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street, is very near the geographical center of Springfield, and very near the center of population of said city, and as well as said locality is accessible to the citizens of Springfield and to the citizens of the entire county as any locality that can be readily acquired for a court house, and as the property can now be bought at a reasonable sum, that is to say for the sum of $II,- 825.00, it is believed by the Court that it would be the part of wisdom to now buy said property for the purpose of erecting a new court house thereon."
NEGOTIATING FOR NEW SITE.
After the above action the court appoints Benjamin U. Massey "as- Commissioner of this Court, to negotiate for and purchase from the owner or owners thereof the said property above referred to."
The same date the court orders the treasurer of Greene county to trans- fer the sum of $6,000.00 from the road and bridge fund to the contingent fund. . This action was taken so that there should be sufficient money in the contingent fund to meet the payment upon the lots wanted.
On the same date as the above orders we find that B. U. Massey pre- sents to the County Court the following decree and order from the Circuit Court of Greene country :
"In the matter of the title to property proposed to be purchased by the Greene County Court, for a site upon which to erect a new court house : Now at this day comes Benj. U. Massey, heretofore appointed by the County Court of Greene County as Commissioner to purchase and procure a deed or deeds to the property hereinafter described, from the owner or owners thereof to Greene County, for the purpose of erecting thereon a new court house, and here submits to this court abstracts of title to said property. And said abstracts being now seen and examined by the Court, the Court doth find and doth now certify to said County Court of Greene County, that the title to the following described real estate (here follows detailed description of the several lots covering the site wanted, and including the tract from Boonville street to Robberson avenue, fronting south upon Center street, and extending north 263 feet, to the boundary of the lot occupied by the jail and the sheriff's residence )."
The Circuit Court finds that the title to this real estate is "good and valid in Richard A. Ollis, and that the deed, here exhibited in Court from said Richard A. Ollis to Greene county, will when delivered vest in said county, a good and perfect title to said property."
Upon receipt of this decree and certificate of the Circuit Court the County Court directs B. U. Massey to accept the deed for the property, and orders the clerk of the court to issue to Massey a warrant "Upon the pres- ent Contingent fund for the sum of $4,500.00, and further issue to said'
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B. U. Massey Commissioner as aforesaid a warrant for the sum of $7,325.00 upon the Contingent fund which will be collected for this year, and apply said warrants to the payment of the consideration mentioned in said deed." On the same date a warrant is issued to Benj. U. Massey in the sum of $500.00 "Now due upon his contract heretofore made with this Court."
But the controversy was not yet fought out, and an injunction was sued for by some of the advocates of the other location, which delayed mat- ters for another long space of time. Meanwhile the land as described by Mr. Massey was held by the Bank of Springfield, until such time, if ever, the site should be needed for a new court house.
On the 27th of November, 1906, a petition was presented to the County Court asking for an election to be held to vote on a proposition of increasing the county indebtedness $150,000.00, and of a special levy of 25 cents on the $100.00 valuation for four years to pay for the same. Also, that at the same time the question of selection of a site for the court house be submit- ted to a vote of the people. The court granted this petition and set the 27th day of December, 1906, as the date of the election.
The form of that part of the ballot referring to a court house site was to be as follows :
"For the location of a new court house on the northeast corner or Boonville and Center streets, in Springfield, Mo., if the indebtedness car- ries."
"For the location of a new court house south of Wilson creek and Water street, as near as practicable to the location of the present court house, now standing on the Public Square, if the indebtedness proposed car- ries."
To this order Judge Diemer, the presiding justice of the court, en- tered of record his dissent; for the following reasons :
"I. Because a petition in due form signed by a sufficient number of qualified petitioners, asking for an election to vote on the issuance of $150,- 000.00 of bonds of the county for the purpose of building a court house was filed before the petition now acted upon was filed, and is still pending in this court.
"2. Because the Court has no jurisdiction, in my judgment, to make any order relative to calling said election at this term of Court.
"3. Because said order embraces the call to vote on a court house site, and this Court has no authority to call an election on that question.
"4. Because it would be a violation of law for this Court to spend any money for such an election.
"5. Because further time should be taken by the Court to investigate matters, and to act now would be undue haste."
But the advocates of the Center street location were not idle, and we
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find that A. J. Eisenmeyer, G. W. Miller and others applied to Judge James T. Neville of the Circuit Court for an injunction to prevent holding of the election. On December II, the County Court engaged H. E. Howell, J. P. McCammon, J. J. Gideon and W. T. Tatlow to represent them in the litiga- tion. The election was not held at the date first set, and another day was appointed, this time December 17, and still the pending litigation prevented its being held. Then on January 28, 1907, we find that the County Court, referring to the calling of the election, entered this order :
"The Court is now of the opinion that said order was improvidently made, and without authority of law; the order for such election is hereby set aside and rescinded."
A separate order of the same date also rescinds the order for an elec- tion to settle the court house site. Judge J. T. Phillips goes on record as dissenting to these rescinding orders. The same day F. S. Heffernan, E. B. Bently and W. A. Reed and one hundred others ask and obtain permission to withdraw their petition (this is the one referred to by Judge Diemer above, as pending when he made his dissent against the proposed election). This petition was granted and the former petition was withdrawn.
On the same date another petition was presented asking that an election be called to vote on a proposition to increase the county indebtedness $150,- 000.00 for building a new court house, and carrying with it a levy sufficient to pay the debt in four years. This petition was signed by G. W. Campbell, W. H. Wade, Della Carter and more than one hundred others, and says nothing about the location of the new court house. This petition was granted and an election was called to be held on Tuesday, March 26, 1907. Judge J. T. Phillips dissented to this action.
But the time had not yet come, and this proposition was defeated at the polls. At the election of 1908 J. P. Reed was elected associate judge for the first district, and S. D. Appleby associate for the second district, Judge B. J. Diemer being the presiding justice held over for another two years.
And now there began to be something definite doing in the matter of the new court house. At the regular session held on the 4th of February, 1909, the court made an order setting forth at length, and in much the same language as that used in 1904, the urgent need of a new court house, in which the priceless records of the county would be safer from destruction by fire, and the county officials properly housed. After this recital of the facts that every person' in the county well knew, the court took a radical step in advance of any action that had preceded it. They did not call an election to vote on an increased county indebtedness, but proceeded to announce that : "All obligations against the county for 1908 and all preceding years have been fully paid or provided for, and there remains no unpaid debt, debts, obligation or obligations of the county, against the general revenue fund
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thereof for the year 1908, or any previous year not provided for, and where- as after all past obligations for the year 1908 and prior years have been fully paid or provided for with cash in the treasury to pay the same, there now remains in the hands of the Treasurer of the County, a surplus of $50,- 000.00 from the assessment and levy for county purposes for 1908 and prior years, which has not been otherwise appropriated and is available for the purpose of building a new court house for said county; and whereas the circumstances as well as the best interests of said county, will admit of a sale of the present Court House and the land or lot on which it is situated, which is worth, and for which the county can obtain $50,000.00 and whereas the circumstances of the county will therefore permit the court to erect a court house to cost, together with the land on which it is located, the sum of $100,000.00, it is therefore ordered by the Court, that the said surplus. of County Revenue Fund now apportioned by the County Treasurer on his. books from the various County Funds, to wit, the sum of $50,000.00 now in the hands of the County Treasurer be, and the same is hereby set aside and appropriated for the purpose of purchasing a site and building a new court house for Greene county.
"And it is further ordered that the present court house and the lot or land on which it is located be sold for the sum of not less than $50,000.00 in cash, and the sum so realized be appropriated and added to the aforesaid appropriated sum of $50,000.00 for the purpose aforesaid.
"It is further ordered that a new court house for Greene county be built with the funds so provided, to cost with the sum necessary to be expended for a new site therefor, not to exceed the sum so provided."
These orders have been quoted in full because they mark the adoption by the court of a new and unique method of providing the funds for erecting the new court house. The plan of using the surplus funds in the hands of the treasurer of the county for this purpose was a wise and brilliant device. These funds, accumulated by the care and economy of the court itself, and apportioned by the treasurer into their various funds, were practically idle, drawing but the low rate of interest given by the banks in which they were deposited. With the imperative need for a new court house, with the plan of issuing bonds to supply that need defeated at the polls, the court would seem to be at the end of their resources, until the present plan was evolved.
That there would be strong opposition to this procedure was a matter of course, and the court lost no time in pushing its plan to a point where any interference should be of the least serious delay. So at this same session of court an order was made appointing T. K. Bowman, of Springfield, one of the former members of the court, to superintend the erection of a court house.
The order recites: "The county not owning suitable ground for such location the said T. K. Bowman is also ordered to select a proper piece of ground within the corporate limits of Springfield, and to purchase, or re-
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ceive the same by donation, for a site for a court house, and take a good and sufficient deed for the same to the county, and make a report of the pro- ceedings to the circuit court of Greene county at its next sitting, and to this court for its approval." To all these orders Judge S. D. Appleby is re- corded as dissenting.
PURCHASE IS MADE.
On February 1Ith, T. K. Bowman reports to the County Court that he has selected and purchased, from the Bank of Springfield, a location lying between Boonville street and Robberson avenue, and fronting on Center street, for a consideration of $12,825.00 cash. From this sum the county is to deduct the sum of $3,500.00, that being its lien upon the property by virtue of a decree of the Circuit Court of Greene county, in the case of T. B. Hol- land et al. vs. B. J. Diemer et al. (This was one of the suits brought in the endeavor to prevent the location of the new court house at its present loca- Circuit Court of Green county, and files with his report a certificate of that tion.) The balance of $9,325.00 to be paid the Bank of Springfield on de- livery of the deed.
Mr. Bowman also reports having submitted the abstract of title to the Circuit Court of Greene county, and files with his report a certificate of that court, approving the title in question. The County Court then approved the selection of a site as made by their commissioner, and ordered the county clerk to issue a warrant to the Bank of Springfield, upon the court house fund, for $9,325.00. Judge S. D. Appleby again goes on record as dissenting against this order.
Thus the question of the ownership of the site at Boonville street, Cen- ter street and Robberson avenue was at last settled. It belonged to Greene county. Whether it was to become adorned with the new court house was still to be determined, for the opponents of that location had not yet given up the fight, as will shortly be told.
Meanwhile, the commissioner was ordered to sell six houses which oc- cupied the new purchase, and order their removal. Charles P. Ollis was al- lowed $150.00 "for balance due for services in purchasing the court house site." To both of which orders appears the familiar record: "Judge S. D. Appleby dissenting."
The firm of Miller, Opel & Torbitt, of Springfield, had been selected by the court as the architects for the new court house on April 17, but by some oversight this order was not then entered of record, so it was passed again and duly recorded on July 31. This order sets the compensation of the architects at 21/2 per cent. of the cost of the building for plans and specifications, and I per cent. of the cost for the details thereof. "Judge S. D. Appleby dissenting."
But, to go back a short time: Meanwhile J. E. Decker, a wealthy
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farmer of Republic, and others had joined in a suit against "the judges of the County Court as such, to forever enjoin the court from entering into any contract to pay for plans, site, superintendent," in a word, anything in any way pertaining to the locating or building of a new court house at the Center street site.
The court engaged Roscoe Patterson and E. P. Mann as their attorneys to defend this suit, at a fee of $500.00. "Judge S. D. Appleby dissenting."
But the filing of the suit did not halt the proceedings of the court for a day. January 6, 1910, the County Court appointed T. K. Bowman as commis- sioner to advertise for bids for purchase of the old courthouse and the lots on which it stood, subject to approval of the court. Mr. Bowman is in- structed to retain a right for the county to occupy said building for two years, at a rental equal to 6 per cent. of the sum of the successful bid. "Judge S. D. Appleby dissenting."
January 26, Commissioner Bowman reports that he has received bids on the property at the corner of the Public Square and College street, as fol- lows: P. D. O'Toole, $49,950.00; A. B. Crawford, Trustee, $50,000.00. The court thereupon orders Bowman to execute a warranty deed to A. B. Crawford, Trustee, and take back a lease for one year, with option to ex- tend it for two years from date, at an annual rental of $3,000.00. "Judge S. D. Appleby dissenting."
On February 17, 1910, Commissioner Bowman submitted to the court the plans for the new court house, drawn by Miller, Opel & Torbitt, and the court, after examination of the plans, approves of them, and orders the com- missioner to advertise for bids for erecting the building in accordance with these plans. "Judge S. D. Appleby dissenting."
But the court did not wait for any bids to be offered before breaking ground for the new court house. The prisoners of the county jail were put at work with pick and shovel to work out their indebtedness to the county in excavating for foundations for the new temple of justice. Not only were the excavations completed, but a large amount of work was thus done upon the concrete foundations, and a total of several thousand dollars was saved to Greene county.
March 23, Commissioner Bowman reports to the court that he has re- ceived eight bids for the construction of the new court house, varying from $81.749.00, from the J. E. Gibson Construction Company, of Tulsa, Okla., to $100,771.59, from the Springfield Planing Mill and Lumber Company, of Springfield. These bids were for a building constructed of stone from the quarries at Phoenix. Greene county, thus making the building that was to be, wholly a Greene county product.
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WORK BEGINS.
On receipt of this report the court instructs Mr. Bowman to enter into. a contract for erecting the building with the J. E. Gibson Construction Com- pany. "Judge S. D. Appleby dissenting."
The next day the J. E. Gibson Construction Company filed with the court an assignment of their bid to Hiram Lloyd, of the H. L. Lloyd Con- struction Company, of St. Louis, Missouri, who agrees with the court to fill the contract at the figures bid by the Gibson Company. The H. L. Lloyd Company's bid had been $85,997.00. The court approved the assignment. "Judge S. D. Appleby dissenting."
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