USA > Missouri > Grundy County > The History of Grundy County, Missouri : an encyclopedia of useful information, and a compendium of actual facts > Part 14
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The building was erected by Mr. Milton Tootle, in 1873, at a cost of $150,000. It is regarded by all as the finest theater west of Chicago.
The City Hall cost $50,000, an imposing building.
INTERESTING ITEMS.
In accordance with a resolution of the Board of Trade recently adopted, a committee appointed for that purpose has prepared articles of association for the incorporation of a stock company, to be called the Chamber of Com- merce, the object of which is to perfect a plan for the erection of a Board of Trade or Chamber of Commerce building in this city. The organization lias been completed, and it is thought that the necessary stock can be placed at once. The location has not yet been determined upon, but it is de- signed to secure a corner lot, if possible, near to the business center of the city.
The St. Joseph glucose company was formed in June, 1880. The name of the company is The St. Joseph Refining Company. It has all of the latest improved machinery, and a capacity for making up 3,000 bushels of corn daily. The building is situated in South St. Joseph, and covers over an acre of ground.
Situated on South Fourth Street, in the premises formerly occupied by the Evans, Day & Co. Canning Factory, are the Star Preserving Works, owned and operated by Albert Fischer & Co. They have recently enlarged the premises with additional buildings until they cover nearly an entire square.
The capacity of the works are 40,000 cans, or 1,800 bushels of tomatoes per day, or from 1,000 to 1,2,00 bushels of peas. During the preserving sca- son these works have about 250 employes upon their pay-roll.
PRODUCE PACKING.
The packing of butter, eggs, apples, potatoes, and other produce is as- suming immense proportions, and as St. Joseph is situated in the heart of the finest agricultural district in the world, this industry must increase with each succeeding year.
The following statistics of this branch of trade were supplied by the prin- cipal commission houses here for the year 1880.
No. of bushels potatoes shipped from the city . 100,000
No. of bushels apples packed and shipped from the city .. 216,250
No. dozen eggs packed and shipped from the city . 400,000 No. pounds butter packed and shipped from the city. 880,000
Total value of the shipments above noted. $+50,000
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HISTORY OF ST. JOSEPH.
The military force of the city consists of two battalions, composed of five companies of infantry, all superbly equipped and exceedingly well drilled.
TIIE FIRST TELEGRAPHI LINE
built to St. Joseph was completed to that point on the day of the inaugura- tion of President Franklin Pierce. The first dispatch to come over the line to St. Josephi was his inaugural address. The name of the telegraph oper- ator who received the message was Peter Lovell. His office was on the southwest corner of Second and Jule streets.
POST-OFFICE AND FINANCES.
Letters received by mail .
1,043,209
Local letters received and delivered
95,061
Postal cards by mail . .
294,448
local
72,988
Newpaper delivery
...
802,190
Total number of pieces sent, 1880
. 4,024,170
Increase over 1879, 123 per cent.
Total business money order department, 1880
$ 1,596,237.26
Sales of stamps, envelopes and postal cards
54,395.36
Internal revenue for 1880
66,161.43
Total debt of the city . .
1,750,000.00
assessed valuation, 1880. 10,000,000.00
Interest on city indebtedness, 4 per cent.
Value of property owned by the city .
250.000.00
St. Joseph is the third city in size in the State, and its population, by the census of 1880, is 32,484. It is gaining moderately, but the spirit of en- terprise has never been very highly developed by her people. Her whole- sale merchants are opposed to further opposition in their line, and, as a rule, they do little to advertise their business; some of the heaviest never put- ting a line of advertisements in the papers year in and year out, while many do it grudgingly, as a sort of tax which they are compelled to pay. It is like St. Louis, slow to move, and like the latter city, it has some live, energetie men, but not enough to leaven the mass.
In scope of country tributary to her growth and prosperity St. Joseph has little to complain of, and if an energetic spirit possessed her people she would have a surprising growth the next ten years. As it is, she is likely to retain her present position as the third city in the State. She has a re- fined and cultivated people, hospitable and generous, but her business inter- ests are carried on to the extreme upon the basis of self. With an increase of population and more extended and broader views St. Joseph's future is one of promise.
LAWS OF MISSOURI. ยท
HOMESTEAD EXEMPTION LAW.
The homestead exemption law of the State of Missouri has been one of the most enlightened laws passed for the benefit of the people. In the last session of the general assembly of the State, the spring of 1880-81, there was a material change in the law, and it is given here in full. Thus every head of a family can be secure in a home of moderate value, if he will not waive his right to it. There are printed notes now drawn up in which there is a clause printed waiving the right of holding such property under that law. When a man signs such a note, his home stands in the same light as his other property. These notes should never be signed un- less by or with the consent of the wife as well as the husband. The law reads, as amended, as follows and is in full force at this time:
SECTION 1. Section twenty-six hundred and eighty-nine (2689) of the Re- vised Statutes of Missouri, is hereby amended by striking out, " or incor- porated towns and villages having a less population," and inserting in lien thereof, "having a population of ten thousand or less," in twelfth line, and by inserting immediately after " dollars," fifteenth line, the words "and in cities and incorporated towns and villages having a population less than ten thousand, such homesteads shall not include more than five acres of ground or exceed the total value of $1,500," so that said section as amended shall read as follows:
SEC. 2689. The homestead of every housekeeper or head of a family, con- sisting of a dwelling-house and appurtenances, and the land in connection therewith, not exceeding the amount and value herein limited, which is or shall be used by such housekeeper, or head of a family as such homestead, shall, to- gether with the rents, issues and products thereof, be exempt from attach- ment and execution, except as herein provided; such homestead in the country shall not include more than one hundred and sixty acres of land, or exceed the total value of fifteen hundred dollars; and in cities having a pop- ulation of forty thousand or more, such homestead shall not include more than eighteen square rods of ground, or exceed the total value of three thousand dollars; and in cities having a population of ten thousand and less than forty thousand, such homestead shall not include more than thirty square rods of ground, or exceed the total value of fifteen hundred dollars;
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LAWS OF MISSOURI.
and in cities and incorporated towns and villages having a population less than ten thousand, such homestead shall not include more than five acres of ground, or exceed the total value of fifteen hundred dollars; and any mar- ried woman may file her elaim to the traet or lot of land occupied by her and her husband, or by her, if abandoned by her husband, as a homestead; said claim shall set forth the tract or lot claimed, that she is the wife of the person in whose name the said tract or lot appears of record, and said claim shall be acknowledged by her before some officer authorized to take proof or acknowledgments of instruments of writing, affecting real estate, and be filed in the recorder's office, and it shall be the duty of the recorder to re- ceive and record the same. After the filing of such claims, duly acknowl- edged, the husband shall be debarred from, and incapable of selling, mort- gaging or alienating the homestead in any manner whatever, and every such sale, mortgage or alienation is hereby declared null and void; and the filing of any such claims, as aforesaid, with the recorder, shall impart notice to all persons of the contents thereof, and all subsequent purchasers and mortgagers shall be deemed, in law and equity, to purchase with notice: Provided, however, that nothing herein contained shall be so construed as to prevent the husband and wife from jointly conveying, mortgaging, alien- ating or in any other manner disposing of such homestead or any part . thereof.
Approved, March 26, 1881.
HUSBAND NOT LIABLE.
AN ACT to exempt the husband from the payment of the debts of the wife contracted before marriage.
SECTION 1. The property owned by a man before his marriage, and that which he may acquire after his marriage by purchase, descent, gift, grant, devise, or in any other manner whatsoever, and the profits thereof, except such as may be acquired from the wife, shall be exempt from all debts and liabilities contracted or incurred by his wife before their marriage.
SEC. 2. All acts and parts of acts inconsistent with this act are hereby repealed.
Approved, March 25, 1881.
RIGIITS OF MARRIED WOMEN.
The law passed by the general assembly on the rights and privileges of married women is full and complete, is composed of fourteen sections and too long to be embodied in this work. The law can be found in the "Re- vised Statutes of Missouri, volume 1, 1879." It is chapter 51, and found on pages 557 to 561.
HEDGES TRIMMED.
It may not be known to all that a law was passed by the last general assembly (1880-1881), that "every person owning a hedge fence, over five
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LAWS OF MISSOURI.
years old, upon the line of any public road or highway in this State, is hereby required to cut down the same, to the height of not more than five feet nor less than four feet, every two years: Provided, that hedge fences inclosing orchards, house-yards and stock-yards, shall be exempt from the provisions of this act."
The overseer of roads is to serve the notice and the owner has thirty days to commence, and if he fail to do it the overseer shall have it done and the owner must pay all expenses of the same. It can be collected of him by law, same as revenue for road purposes.
The law passed and took effect March 16, 1881.
CHANGING SCHOOL-HOUSE SITES.
SECTION 1. The voters of any school-district in this State may change the location of a school-house site when the same, for any cause, may be deemed necessary and notice of such comtemplated change shall have been given by the directors at least twenty days prior thereto by posting at least three written notices in three of the most public places in the district where such school-house site shall be located: Provided, that in every case a majority of the voters of said district shall only be necessary to remove a site nearer the center of a school district, but in all cases to remove a site further from the center of a school-district it shall require two-thirds of the legal voters of such school-district.
SEC. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Approved, March 24, 1881.
MARRIAGE LICENSE.
The legislature of 1880-81, passed a marriage license act which makes it necessary for persons before marriage to secure a license. No person au- thorized to perform the marriage ceremony, can legally do so without first seeing the license, and a marriage performed without a license is not legal and a penalty is attached. The intent of the law is to have an official rec- ord which will stand in the courts and settle any dispute either of mar- riage or property which may hereafter arise. The law reads:
SECTION 1. Previous to any marriage in this State a license for that pur- pose shall be obtained.
SECTION 2. The recorder of the county issues the license and the parties inst be, the male 21 years and the female 18 years of age. If younger the parents or guardian must give consent.
PURCHASING BOOKS BY SUBSCRIPTION.
The business of publishing books by subscription, having so often been brought into disrepute by agents making representations and declarations
121
LAWS OF MISSOURI.
not authorized by the publisher, in order to prevent that as much as possi- ble, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the follow- ing statement is made:
A subscription is in the nature of a contract of mutual promises, by which the subseriber agrees to pay a certain sum for the work described; the consideration is that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work are described by the prospectus and sample shown. These should be carefully examined before sub- scribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commis- sion for each subscriber, and has no authority to change or alter the con- ditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional, or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the principal, the sub- scriber should see that such condition or changes are stated over or in con- nection with his signature, so that the publisher may have notice of the same.
All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they can not be altered, varied, or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made is not admissible as evidence, and is no part of the contract.
Persons employed to. solicit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular business in a prescribed mode and have no authority to do it any other way to the prej- udice of their principal, nor can they bind their principal in any other manner. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond the time of delivery nor bind their principal for the payment of expenses incurred in their business.
It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instru- ment, would examine carefully what it is; and if they cannot read them- selves call on some one disinterested who can.
122
LAWS OF MISSOURI.
FORMS OF DEEDS, LEASES, MORTGAGES, ETC.
GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.
I, James Johnson, of the town of Muncie, county of Delaware, and State of Indiana, being aware of the uncertainty of life, and in failing health, bnt of sound mind and memory, do make and declare this to be my last will and testament, in manner as follows; to-wit.,
First-I give, devise and bequeath to my son James Horace Johnson, $1,000 in bank stock, of the First National Bank of Boston, and the farm owned by myself, in the township of Washington, Shelby county, Mis- sonri, and consisting of eighty acres of land with all the houses, tene- ments and improvements thereunto belonging, to have and to hold unto my said son, his heirs and assigns forever.
Second-I give, devise and bequeath to each of my two daughters, Ida Lonisa Johnson and Annie May Johnson, each $1,000 in cash, and each one a quarter section of land owned by myself in the township of Jasper, Henry county, Illinois, and recorded in my name in the record of said connty, where said land is located; the north 160 acres to go to Ida Lonisa, my eldest daughter.
Third-I give, devise and bequeath to my son Thomas Alfred Johnson, ten shares of railroad stock in the Mississippi & Ohio Railroad, and my lot, with the residence thereon, in Dayton, Ohio, with all the improvements and appartenances thereunto belonging, which said real estate is recorded in my name in the county where situated.
Fourth-1 give to my wife Samuella Richardson Johnson, all my house- hold furniture, goods, chattels and personal property about my home not hitherto disposed of, including $5,000 of bank stock, in the Merchants' National Bank of Toledo, Ohio, fifteen shares in the Mississippi & Ohio Railroad, and the free and unrestricted use, possession and benefit of the home farm so long as she may live, in lieu of dower to which she is en- titled by law, said farm being my present place of residence.
Fifth-It is also my will and desire that at the death of my wife, Sam- uella Richardson Jolinson, or at any time when she may arrange to relin- quish her life interest in the above mentioned homestead, the same may revert to my above named children, or to the lawful heirs of each.
And lastly-I nominate and appoint as executors of this, my last will and testament, my wife, Samuella Richardson Johnson, and my eldest son, James Horace Johnson.
I further direct that my debts and necessary funeral expenses shall be paid from moneys now on deposit in the Savings Bank of Dayton, Ohio, the residne of such money to revert to my wife, Samuella Richardson Johnson, for her use forever.
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LAWS OF MISSOURI.
In witness whereof, I, James Johnson, to this, my last will and testament, have hereunto set my hand and seal, this fourth day of December, 1876. JAMES JOHNSON.
Signed and declared by James Johnson as and for his last will and testa- ment, in the presence of us, who, at his request and in his presence and in the presence of each other, have subscribed our names herennto as witnesses thereof.
THOMAS DUGAN, Dayton, Ohio. ROCHESTER MCQUADE, Cincinnati, Ohio.
CODICIL.
WHEREAS, I, James Johnson, did, on the fourth day of December, 1876, make my last will and testament, I do now, by this writing, add this codicil to my said will, to be taken as a part thereof.
WHEREAS, By the dispensation of Providence, my daughter Ida Louisa has deceased, October 10th, 1877; and
WHEREAS, A son has been born to me, which son is now christened John Wesley Johnson, I give and bequeath unto him my gold watch, and all right, interest and title in lands, bank stock and chattels bequeathed to my deceased daughter, Ida Louisa, in the body of this will.
In witness whereof, I have hereunto set my hand and seal this 10th day of January, 1878.
JAMES JOHNSON.
Signed, sealed, published and declared to us by the testator, James Johnson, as and for a codicil to be annexed to his last will and testament, and we, at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto, at the date hereof. THOS. DUGAN, Dayton, Ohio. CHARLES JACKSON, Cincinnati, Ohio.
FORM OF LEASE.
THIS ARTICLE OF AGREEMENT, made and entered into on this - day of- A. D. 188-, by and between -, of the county of -- , and State of Missouri, of the first part, and -, of the county of
-, and State of Missouri, of the second part, witnesseth that the said party of the first part has this day leased unto the party of the second part the following described premises; to-wit.,
[Here insert description.]
for the term of -- from and after the --- day of --- A. D. 188-, at the - rent of -- dollars, to be paid as follows; to-wit.,
[Here insert terms.]
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LAWS OF MISSOURI.
And it is further agreed that if any rent shall be due or unpaid, or if de- fault be made in any of the covenants herein contained, it shall then be law- ful for the said party of the first part to re-enter the said premises, or to distrain for such rent; or he may recover possession thereof, by action of forcible entry and detainer, or he may use all or any of the remedies to effect such possession.
And the party of the second part agrees to pay to the party of the first part the rent as above stated, except when said premises are untenantable by reason of fire, or from any other cause than the carelessness of the party of the second part, or persons - family, or in --- employ, or by su- perior force or inevitable necessity. And the said party of the second part covenants and agrees that - will use the said premises as a -, and for no other purpose whatsoever; and that - especially will not use said premises, or permit the same to be used, for any unlawful business or pur- poses whatsoever; that - will not sell, assign, underlet or relinquish said premises without the written consent of the lessor, under a penalty of a for- feiture of all - rights under this lease, at the election of the party of the first part; and that use all due care and diligence in guarding said property, with the buildings, gates, fences, trees, vines, shrubbery, etc., from damages by fire and the depredation by animals; that - will keep build- ings, gates, fences, etc., in as good repair as they now are, or may at any time be placed by the lessor, damages by superior force, inevitable necessity, or fire from any other cause than from the carelessness of the lessor, or per- sons of - family, or in - employ, excepted; and that upon the expira- tion of this lease, or upon a breach by said lessee of any of the said cove- nants herein contained - will, without further notice of any kind, quit and surrender the occupancy and possession of said premises in as good condition as reasonable use, natural wear and decay thereof will permit, damages by fire as aforesaid, superior force, or inevitable necessity, alone excepted.
In witness whereof, the said parties have subscribed their names on the date first above written
SIGNED IN PRESENCE OF
REAL ESTATE MORTGAGE.
KNOW ALL MEN BY THESE PRESENTS: That -- , of - county, and State of -, in consideration of dollars, in hand paid by -, of - county, and State of - -, do hereby sell and convey unto the said -, the following described premises, situated in the county of -, and State of - --; to-wit.,
[Here insert description.]
and do hereby covenant with the said - that - lawfully seized of
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LAWS OF MISSOURI.
said premises, that they are free from incumbrance, that - - have good right and lawful authority to sell and convey the same; and -- do hereby covenant to warrant and defend the same against the lawful claims of all persons whomsoever. To be void upon the condition that the said shall pay the full amount of principal and interest at the time therein spec- ified, of - certain promissory notes, for the sum of - dollars,
One note for $-, due-, 18-, with interest annually at- -per cent. One note for $-, due-, 18-, with interest annually at -per cent. One note for $-, due-, 18-, with interest annnally at- -- per cent.
And the said mortgagor agrees to pay all taxes that may be levied upon the above described premises. It is also agreed by the mortgagor that if it becomes necessary to foreclose this mortgage, a reasonable amount shall be allowed as an attorney's fee for forcclosing. And the - hereby relin- quishes all her right of dower and homestead in and to the above described premises.
Signed the - day of -, A. D. 18 -.
CHATTEL MORTGAGE.
KNOW ALL MEN BY TIIESE PRESENTS: That -, of - county, and State of -, in consideration of - dollars, in hand paid by -, of - county, and State of -, do hereby sell and convey unto the said , the following described personal property, now in the possession of -, in the county of -, State of -; to-wit.,
[Here insert description.]
and do hereby warrant the title of said property, and that it is free from any incumbrance or lien. The only right or interest retained by grantor in the said property being the right of redemption herein provided. This con- veyanee to be void upon condition that the said grantor shall pay to said grantee, o" his assigns, the full amount of principal and interest at the time therein specified, of - certain promissory notes of even date herewith, for the sum of -- dollars,
Ore note for $-, due -, 18-, with interest annually at-per cent. One note for $-, due -, 18-, with interest annually at-per cent.
One note for $-, due , 18-, with interest annually at-per cent.
The grantor to pay all taxes on said property, and if at any time any part or portion of said notes should be due and unpaid, said grantor may proceed by sale or foreclosure to collect and pay himself the unpaid balance of said notes, whether dne or not, the grantor to pay all necessary expenses of such foreclosure, including $- attorney's fees, and whatever remains after pay- ing off said notes and expenses, to be paid over to said grantor.
Signed the - day of -, 18 -.
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LAWS OF MISSOURI.
QUITCLAIM DEED.
KNOW ALL MEN BY THESE PRESENTS: That -, of - county, State of -, in consideration of - dollars, to - in hand paid by -, of - county, and State of -, the receipt whereof - do hereby acknowledge, have bargained, sold and quitclaimed, and by these presents do bargain, sell and quitclaim unto the said ------ , and to heirs and assigns forever, all - right, title and interest, estate, claim and demand, both in law and in equity, and as well in possession as in expect- ancy, of, in and to the following described premises; to-wit.,
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