USA > Missouri > Grundy County > The History of Grundy County, Missouri : an encyclopedia of useful information, and a compendium of actual facts > Part 37
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Twelfth-To impose, collect and enforce fines, forfeitures and penalties for the breach of any town ordinance.
Thirteenth-Finally, to pass all such ordinances as may be expedient in maintaining the peace, good government, health and welfare of the town.
SEC. 2. Every ordinance or resolution passed by the council shall be signed by the mayor, or president pro tem. of the council, and attested by the clerk, before it shall take effect: Provided, however, that if the mayor shall refuse to sign any ordinance or resolution passed by the council, he shall state his objection to the council; when, if such ordinance or resolu- tion is again passed by a vote of three-fourths of the conncilmen, the same shall be considered to be duly passed.
SEC. 3. The style of the ordinances of this town shall be, "Be it or- dained by the council of the town of Trenton."
SEC. 4. All the meetings of the council shall be held publicly, and it shall be lawful, at any stated meeting of the council, for any qualified voter within the limits of the corporation, to present for the consideration and action of the council any ordinance, resolution, or business, and to appear by himself or counsel, at any meeting of the council, and discuss any busi- ness pending before the same.
SEC. 5. No ordinance, resolution or order shall be finally passed by the council until the same shall have three times been publicly read in the coun- cil, and an opportunity shall have been given to discuss the same.
SEC. 6. All ordinances of the town council may be proven by the seal of the corporation, and attested by the clerk; and when such ordinances shall have been printed and published by authority of the council, the same shall be received in evidence in all courts and places without further proof.
ARTICLE IV-EXECUTIVE AND MINISTERIAL OFFICERS.
SECTION 1. The mayor shall nominate, and, by and with the advice and consent of the council, appoint all the town officers not ordered by this act to be otherwise chosen. He shall be a conservator of the peace within the
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limits of said corporation; and it shall be his duty to see that all the or- dinances of the town are rigidly enforced. In case of riot or threatened breach of peace, in presence of the mayor, it shall be his duty, immediately, to arrest the offender or cause it to be done, in which case no warrant shall be necessary, but he may summon the marshal, or such other persons as may be there present, whose duty it shall be to assist the mayor in preserv- ing the peace, and in arresting and securing offenders, and all such as pre- vent the mayor or any of his assistants in the discharge of their duties. He may remit fines and grant reprieves in any case arising under the town or- dinances. He shall have exclusive original jurisdiction over all cases aris- ing under this act, and over all cases arising under any ordinance of the town, made in conformance to this act, subject, however, to an appeal or certiorari in all cases above the sum of five dollars, to the Circuit Court of Grundy county, and such appeal and certiorari shall be granted and taken in the same manner as appeals are granted and taken from justices of the peace in the Circuit Court. He shall have the same power to compel the attendance of witnesses as justices of the peace now have. He shall be ex officio justice of the peace within and for Trenton township, in Grundy county, and have the same jurisdiction in all cases, and, when sitting as justice of the peace, be governed by the same laws; and transcripts from his docket shall, in all cases, have the same effect and be entitled to the same lien as transcripts from the docket of a justice of the peace. He may issue his warrant and cause to be apprehended and brought to summary trial all persons accused of violating any of the town ordinances; he shall grant the accused the right to be tried by six competent jurors, who, if they find him guilty, shall assess his fine according to the ordinances; and if any person fined, as aforesaid, shall refuse to pay snch fine, the mayor may send him to jail or otherwise imprison him for a period not exceeding twenty days. Fines, penalties and forfeitures may be recovered in a summary man- ner, as aforesaid, or they may be recovered by action of debt in the may- or's court. He shall cause to be made out, at the end of cach fiscal year, a complete and detailed statement of all moneys received and expended, which statement shall be published in such manner as the council shall direct.
SEC. 2. In case of a vacancy in the office of mayor, or of inability of the mayor on account of absence, sickness or otherwise, to discharge the duties and powers prescribed in section one of article four of this charter. the same shall devolve on any member of the town council until such va- cancy be filled, or inability removed.
SEC. 3. The mayor may be removed from office for any misdemeanor by a vote of three-fourths of the councilmen.
SEC. 4. There shall be a clerk of the town council, a town treasurer and assessor, a street commissioner, and a corporation attorney, who, in ad- dition to the duties prescribed by this act, shall perform such other du-
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HISTORY OF GRUNDY COUNTY.
ties as may be prescribed by ordinance. There shall be such other officers, agents and servants of the corporation as may be provided by ordinance, who shall be appointed by the mayor, by and with the advice and consent of the councilmen, and who shall perform such duties and receive such compensation as may be provided by ordinance; and all the appointed offi- cers. before entering upon the discharge of their duties, shall take the same oath as prescribed in this act for mayor, marshal and councilnen, and shall be removable by the council at pleasure.
SEC. 5. It shall be the duty of the clerk of the council to keep a journal of the proceedings of the council and to record in a separate book all the ordinances and resolutions appropriating money. He shall keep and pre- serve, in his office, the common seal of the corporation, and all records, pa- pers and documents of the town not properly belonging to some other office, and shall perform such other duties and receive such compensation as may be fixed by ordinance.
SEC. 6. It shall be the duty of the treasurer to receive and receipt for all moneys belonging to said town, and pay out the same on warrants drawn by the mayor and attested by the clerk.
SEC. 7. The marshal, within the limits of the corporation, shall possess the same powers, perform the same duties and receive the same fees and compensation as the constable of Trenton township in Grundy county, for similar services. He shall execute and return all process to him directed, and may serve criminal process and subpoena anywhere in Grundy county for offenses committed within the limits of the corporation. He shall collect all fines, forfeitures and penalties accruing to said town, and shall collect all taxes levied in said town, and pay the same over to the town treasurer, and settle with the council as often as the council may prescribe; and for collecting taxes, and for services not above enumerated shall receive such compensation as may be prescribed by ordinance.
SEC. 8. The assessor shall perform such duties, and receive such compen- sation as may be fixed by ordinance.
SEC. 9. It shall be the duty of the corporation attorney to prosecute or defend on behalf of the corporation in all suits instituted by or against said town; and if he have personal knowledge of the breach of any ordinance, or if he have satisfactory information by verbal statement or otherwise, that any of the ordinances of said town have been violated, it shall be his duty to prepare a complaint, under his hand, against the accused, substantially setting forth the offense complained of, and present the same to the mayor, who shall issue his warrant and cause the offender to be apprehended and summarily tried, as hereinbefore specified; and in all such cases it shall be his duty to prosecute to final judgment all suits instituted by him. In all actions for breaches of ordinances, if the accused is found guilty, or if, in an action in the mayor's court, judgment be rendered against the defendant, in 22
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addition to other costs of the proceedings, there shall be taxed against the defendant a fee of two dollars and fifty cents as corporation attorney's fee; and for all such other services he shall receive such compensation as may be fixed by ordinance.
SEC. 10. It shall be the duty of the street commissioner to superintend in executing all ordinances of said town for removing nuisances, for erecting and repairing bridges, for opening and forming public squares, avenues. drains and sewers, and for keeping the same clean and in order, and for opening, cleaning, regulating, grading, paving or otherwise improving the streets and alleys within said town, and shall receive such compensation as shall be fixed by ordinance.
ARTICLE V-OF ELECTIONS.
SECTION 1. A general election for all officers of the corporation, required to be elected by this act, shall be held on the first Tuesday after the first Monday in September, 1873, and every two years thereafter, at such place in said town as may be fixed by ordinance.
SEC. 2. At all elections for town officers the voters shall vote by ballot.
SEC. 3. Three judges and two clerks shall be appointed by the town council previous to each general or special election, who shall each take an oath faithfully and impartially to discharge their duties. They shall open the polls at nine o'clock in the morning, and keep them open until four o'clock in the afternoon, when they shall proceed forthwith to ascertain and . certify the result of the election.
'SEC. 4. If, on the day appointed for holding any town election, the judges or clerks, or any of them, fail to attend, the electors may appoint judges or clerks to hold such election.
SEC. 5. All persons who are qualified to vote at State elections in this State, and who shall have resided within the limits of said corporation three months, shall be deemed qualified voters at all elections for town officers.
SEC. 6. Special elections to fill vacancies shall be held under such regu- lations as may be provided by ordinance.
SEC. 7. All officers elected or appointed under the provisions of this act shall hold their offices until their successors shall be duly elected or appointed and qualified according to law.
ARTICLE VI-REVENUE.
SECTION 1. The town council shall have power by ordinance to prescribe the form of assessment rolls, and prescribe the duties and define the powers of the town assessor: Provided, That the town assessor shall have the same power as State assessors. The council may also make such rules and give such directions in relation to the revising, altering or adding to the rolls as they may deem proper and expedient.
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HISTORY OF GRUNDY COUNTY.
SEC. 2. The council shall have power and authority to levy and collect upon all property, real and personal, taxable by law for State purposes, within the limits of said town, and not by general law exempt from mu- nicipal taxation, not exceeding one-half of one per centum per annum upon the assessed value thereof, to defray the contingent and other expenses of the town not herein otherwise provided for, which taxes shall constitute the general fund.
SEC. 3. The council shall, each fiscal year, levy and cause to be collected a tax on all the real and personal property taxable by law for State pur- poses, within the limits of said town, and not by general law exempt from municipal taxation, sufficient for the payment of all interest and bonds for the payment of which said town is liable during said fiscal year, which year shall commence on the first day of April, and end on the thirty-first day of March following; and said tax, when collected, shall be applied exclusively to such payment and to no other.
SEC. 4. The council shall have power to levy and collect a poll-tax not exceeding one dollar and fifty cents for every year, upon all male persons, residents of the town, over the age of twenty-one and under fifty years; and such additional tax upon all taxable property within said town as they may think proper, not exceeding one-half of one per cent, which poll and prop- erty tax shall be appropriated to the improvement of the streets within the limits of said town, and to no other purpose. All residents of the town shall be exempt from working on public roads or highways beyond the limits of the town, and from paying any tax on property within the town for keeping the same in repair. The council shall also have power to levy and collect a tax on dogs, not exceeding five dollars nor less than one dol- lar for each year, whether male or female.
SEC. 5. Whenever it shall appear to the town council that a sidewalk is needed for public convenience along any avenue or street, or whenever the owners of a majority of the real estate fronting on any avenue, street or block thereof, shall petition the town council to construct sidewalks along the side or sides of such avenue, street or block thereof, the town council shall order an assessment to be made of all property fronting on the avenne, street or block along which the proposed walk is to be constructed, and shall levy and collect a special tax, according to the extent of the respective fronts sufficient to make the sidewalk ordered to be made or petitioned for, which shall be applied to that purpose and no other: Provided, That the council may permit any owner of property fronting on the proposed side- walk to construct the same, under direction of the street commissioner, in strict conformity in all respects with the remainder of the sidewalks on such avenue, street or block.
SEC. 6. The general and special taxes, levied by the town on property in conformity with the powers granted by this charter, shall constitute a
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HISTORY OF GRUNDY COUNTY.
lien on the property against which they are levied until paid, and the town council shall have power to cause real estate to be sold for delinquent taxes, in such manner as they may provide by ordinance, and to cause to be exe- cuted by the marshal, deed or decds for lots or lands when sold for non-pay- ment of taxes due the town; and such deeds, when executed, shall be received in like manner and have the same force and effect as State tax- deeds by the general laws of the State; and the council may provide for the redemption of lots or lands sold for non-payment of town taxes, in such manner as shall not be inconsistent with the laws of this State, and may in the same manner give power to the marshal to levy upon and sell any per- sonal property delinquent for taxes.
ARTICLE VII-OF STREETS.
SECTION 1. When it shall be necessary to take private property for open- ing, widening or altering any public street, avenue or alley the corporation shall make a just compensation therefor to the person whose property is so taken, and if the amount of such compensation cannot be agreed upon, the mayor shall canse the same to be assessed by a jury of six disinterested freeholders of the town.
SEC. 2. When the owners of all the property on the street, avenne or alley, proposed to be opened, widened or altered, shall petition therefor, the town council may open, widen or alter such street, avenne or alley, upon conditions to be presented by ordinance, but no compensation shall in such case be made to those whose property shall be taken for the opening, widening or altering such street, avenue or alley, nor shall there be any as- sessment for the benefit or damage that may accrue thereby to any of the petitioners.
SEC. 3. All jurors impaneled to inquire into the amount of benefit or damage which shall happen to the owner of property taken for opening, widening or altering any street, avenue or alley, shall be first sworn to that effect, and shall return to the mayor their verdict, in writing, signed by each juror.
SEC. 4. The mayor shall have power, for good cause shown, within ten days after any verdict shall have been returned to him, as aforesaid, to set the same aside and cause a new assessment to be made, which new assess- ment shall be final.
SEC. 5. In assessing the amount of compensation for property taken for opening, widening or altering any street, avenne or alley, the jurors shall take into consideration the benefit as well as the injury happening to any person by such opening, widening or altering such street, avenue or alley.
SEC. 6. The council shall have the power, by ordinance, to direct and regulate the working and improving of all streets, avenues, alleys, sewers, and drains in said town, and provide for the lighting and cleaning of the streets, avenues and alleys.
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HISTORY OF GRUNDY COUNTY.
ARTICLE VIII-MISCELLANEOUS PROVISIONS.
SECTION 1. The ordinances of said town, as revised under this charter, which are of a general character, shall be published within six months after the passage of this act; and it shall be the duty of the town council to cause to be printed in pamphlet form, for distribution at the end of each munici- pal year, all the ordinances passed during said year and then in force.
SEC. 2. All ordinances passed by the council of said town shall provide for a single object only, which shall be clearly set forth in the title thereof.
SEC. 3. In pleading any ordinance of said town, or a right derived therefrom, it shall be sufficient to refer to such ordinance by the title and the day of its passage.
SEC. 4. All ordinances, regulations and resolutions now in force, and not inconsistent with the provisions of this act, shall remain and be in full force until altered, modified or repealed by the town council.
SEC. 5. This act is hereby declared to be a public act, and may be read in evidence in all courts of law or equity in this State, without proof.
SEC. 6. The general assembly may, at any time, alter, amend or repeal this charter.
SEC. 7. All acts or parts of acts heretofore passed inconsistent with this act are hereby repealed.
SEC. 8. This act shall take effect and be in force from and after its pa sage.
Approved, March 9, 1872.
THE PLAT OF TRENTON.
Below will be found a verbatim copy of the original survey of the town of Trenton, dated August 7, 1841. The document is yellow with age and almost a total wreck. For years it was thrown around the court-house, sometimes reposing on dusty shelves and at others stowed away in some forgotten pigeon-hole or drawer. In a general cleaning up made in 1875, the old relic was found, and filed for record just thirty-four years after it was drawn up. It is indorsed: "Plat of the county seat of Grundy county"; and further down appears: "Filed for record, August 20th, 1875. J. B. Berry, recorder." The document reads:
" By order and under the directions of the commissioners appointed by the legislature to locate the permanent county seat of Grundy county, I procedes, after being duly qualified, to procession the land selected by said commissioners; to-wit, Beginning at the half-mile corner stake, being the northwest corner of the northeast quarter of section twenty, range twenty- four and township sixty-one. Thence south 125 poles to a stake bearing s. 46, w. 17 links from a white oak and N. 67, w. 23 links from a hickory. Thence east 90 poles to a stake bearing n. 68, w. 21 links from a small white
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HISTORY OF GRUNDY COUNTY.
oak, also s. 23, e. 1 pole from a large white oak. Thence north 28 poles to. a stake, thence east 17 poles and 4 links to a stake. Thence north 97 poles to a stake. Thence west 105 poles to the beginning. Containing eighty acres. The fields notes of which survey is hirin reported to the County Court of Grundy county. August 7, 1841.
" (Signed), GEORGE W. POAGE, Sur.
"Surveyors fees $6. dollars."
On the opposite page appears the following:
Merell
A
B
M
64
C
D
1
16
28 LJ
G
90 P.
E
K
L
" A plat of the county seat of Grundy county. Laid down on a scale of fifty poles to the inch, with a verriation of 9} digrees to the left of the nedle, with the exception of the line B C which is laid off with a verriation of 10. digrees to the left.
"The boundary A M L K, represents n. e. } of section 20, township 61 and range 24, out of which the county seat plat is taken.
" (Signed), GEORGE W. POAGE, Sur."
INCIDENTS.
There are several incidents of the early days of Trenton, and some claims. to be spoken of which cannot be admitted. Rev. Elijah Merrill is supposed to have been the first preacher in Grundy county, and it is said he preached.
97 P.
125 P.
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HISTORY OF GRUNDY COUNTY.
in the log Baptist church which served as a place for holding court as well as preaching. There are at least two who antedate the Rev. Mr. Merrill.
Miss Bernettie Moore was, and is supposed to be the first white child born in Grundy county, and yet she was born in 1840; we have mentioned one, if not two who were born previous to that date.
Back to the above date, or a little earlier, Geo. W. Moberly opened the first tailor shop in the town of Trenton, and also kept some fine spirits, which were supposed to be very good. Some put this back to 1838. The price was from eighteen to twenty-five cents per gallon.
The first school was at the house of Levi Moore and he employed James Carson at fifteen dollars per month as teacher. This was not earlier than 1837; and 1838 has been mentioned as the date. This information came from a son of Levi and Rachel Moore.
The first tavern, for there were very few hotels in those days, in Trenton was kept by Jeremiah Snyder, in 1840.
After Lomax, Thrailkill, and others, John C. Griffin opened a general store in Trenton, in February, 1841.
In 1842 Mr. Wm. Collier fixed up some seats in a building he had and gave it free for a temporary place of worship. This was the next place of worship to the old Baptist log church spoken of. Mr. Collier proved to be one of the most public spirited men of that day, and pressed the work of keeping up religious worship, and in 1848 a church was organized, and he became an elder and deacon. Mr. William Collier was the first P. M. we have any account of.
In 1850 an inn-keeper's license was granted to J. H. Cooper, and he opened the Union Hotel on Water Street. The town of Trenton was incor- porated that year, 1850, and the above license was the first issued that any account can be found of. The petition for the incorporation of the town has not been found, nor the names of the petitioners, but the following refers to it, and is the order of the County Court granting the same. It reads:
" MARCH TERM COUNTY COURT, 1850.
" Daniel Wright and other citizens of Trenton presented a petition to the court praying for an incorporation, the metes and bounds of which are laid down on plat of said town, which petition was received and their prayer granted.
[The plat referred to is incorporated in the city charter .- ED.]
"Ordered, That Dr. James Cooper, Jeremiah Snyder, Wm. Benson, Joseph Winters and D. T. Wright, be and are hereby appointed trustees for the incorporation of said town of Trenton."
Still, Trenton might be considered as slow of growth. What she gained, however, was solid. The county itself was improving slowly in regard to
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HISTORY OF GRUNDY COUNTY.
population. Quite a number of immigrants came in in 1850-51 and the town grew, but only as the demands of the people of the county warranted.
A map of Trenton was authorized by the County Court June 5, 1855, and J. H. Shanklin was the person named to get it up, the sum of fifteen dollars being allowed by the court for the purpose, but at this time very little is known of said map.
The completion of the Hannibal & St. Joseph Railroad to Chillicothe in February, 1858, was quite an era in the history of all this country. It was a great benefit to Grundy county so far as it gave the people an outlet by rail from that point. This was taken advantage of by the citizens, and Chillicothe was made the focus of Grundy county trade when home mer- chants failed to fill the bill. Undoubtedly Trenton would have grown and prospered materially, and far more rapidly, if the break had not come in the deadening effects of the civil war. It was not only the time the war continued that was lost, but it so demoralized everything that the popu- lation of 1860 was little more than a natural healthy increase without im- migration. 'Those years were dark and gloomy ones for Trenton, as it was a period of gloom and despondency for the whole country. Organized bands of thieves raided the whole country, and Trenton appointed a patrol to guard the city at night from these migratory bands. The men were allowed twenty-five cents an hour while in performance of their duty. The first organization of a patrol was in December, 1860, and was for the town- ship. Jos. Kennedy was made captain and his men were Chas. G. Chand- ler, Wm. Collier, Jr., John W. Rice, Alfred Blew. They patrolled three hours each night. Jos. Kennedy declined to serve and so Reuben Shinn took his place as captain and was engaged for one year.
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