USA > Missouri > Jackson County > The History of Jackson county, Missouri, containing a history of the county, its cities, towns, etc., biographical sketches of its citizens, Jackson county in the late warhistory of Missouri, map of Jackson county > Part 27
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Fourth-That the work of gradation and masonry shall be commenced with- in the County of Jackson, on the line of said Branch road, within three months after the making of this subscription, and shall be thereafter diligently and contin- uously prosecuted until the said railroad is built through the county of Jackson. And the court further order that Samuel H. Woodson be and is hereby appointed the agent of this court and of the County of Jackson, in the State of Missouri, to subscribe for the capital stock aforesaid, in accordance with the terms of the foregoing order, and that he cause the said bonds to be prepared and lithograph- ed, and that they may be signed and disposed of as aforesaid. And afterward, to-wit, on the day and year aforesaid comes Samuel H. Woodson, the agent of the county, to make the subscription ordered by the Tebo & Neosho Railroad Company, in the name of and for the use and benefit of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, and reports to the court that he has in obedience to the order of the court, made the said subscription to said cap- ital stock, in the words and figures following, to-wit :
The County of Jackson, in the State of Missouri, by Samuel H. Woodson, is duly appointed agent for that purpose, hereby subscribed for, and agrees to take three thousand shares of the capital stock of the Tebo & Neosho Railroad
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HISTORY OF JACKSON COUNTY.
Company (now in part the Missouri, Kansas & Texas Railway Company) in the name of and for the use and benefit of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, each share being of the denomination of one hundred dollars, and amounting in the aggregate to the sum of three hundred thousand dollars, and to pay for the same in the manner and form provided in the order of the County Court of said county, made and entered of record on the 15th day of March, A. D. 1871, the said subscription being made in accordance in said order contained.
Done at Independence in said Jackson county, this 15th day of March, 1871.
JACKSON COUNTY, By S. H. WOODSON, Agent.
And the Court having heard the said subscription read, and being fully ad- vised thereof, approve the same and ordered the said subscription to be spread upon the records of this Court.
And afterward, to-wit: at the May Term, 1871, and on the second day of said month, amongst others, the following proceedings were had and made, viz :
It is by the Court ordered, adjudged and ordained that the condition of the subscriptions by Jackson county to the capital stock of the Tebo & Neosho Rail- road Company for the use and benefit and in the name of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, be and the same are modified as follows, the committee of construction of said Branch Railroad assenting thereto :
First :- The bonds in said order provided to be issued and delivered, shall be deposited with Northrup & Chick, bankers, in the city and State of New York, to be disposed of as hereafter provided.
Second :- A financial agent for the county shall be appointed by the Court, who shall in conjunction with the financial agent of the committee of construction of said railroad company negotiate and sell such bonds, the proceeds of which sale shall be deposited in the city of New York with said firm of Northrup & Chick to the credit of the County of Jackson for the use and benefit of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, subject to the draft, from time to time, of the said financial agent of Jackson county who is hereby required to draw the same as fast as shall be required to pay the current expenses and monthly estimates of work actually performed on said Branch Railroad within the limits of said County of Jackson, and proceeds of said bonds when so drawn to be paid to the treasurer of the construction committee of said Branch road by the financial agent of said county, the amount from time to time so agreed to be paid to be determined by the certificates of the chief engineer and superintendent of said Branch Railroad.
Third :- A passenger and freight depot shall be established and maintained at the town of Westport, provided the right of way for said railroad through said town and suitable grounds for said depots are furnished to said company free of charge.
Ordered further-That William Chrisman be and he is hereby appointed the financial agent of the County of Jackson to negotiote and sell said bonds as herein above provided. It is also
Further ordered-That should the subscription heretofore made to the capi- tal stock of the Tebo & Neosho Railroad Company in the name and for the use of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, prove in- sufficient to complete the gradation, masonry and the furnishing the ties for said Branch Railroad within the limits of the County of Jackson, the additional amount required to complete the same shall be raised by means other than subscription by the County of Jackson at large."
At a meeting of the committee of construction of the Clinton & Kansas
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HISTORY OF JACKSON COUNTY.
City Branch of the Tebo & Nesoho Railroad, held at Kansas City on the 2d day of May 1871 the following among other proceedings were had, to-wit :
Resolved, That the modifications of the order of subscription heretofore made by Jackson county to the capital stock of the Tebo & Neosho Railroad Company in the name of and for the use and benefit of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad, this day made by the County Court of Jackson county, be and the same are hereby assented to and accepted.
We certify that the foregoing is a true and correct copy of the resolution this day adopted by said committee as fully as the same is found upon the records of said committee.
P. A. SADIEE, Secretary pro tem.
DEWITT C. STONE, Chairman.
And at the May term, 1871, and on the 29th day of said month, amongst others, the following proceedings were had and made, viz. :
Whereas, There exists in the community a feeling of uneasiness that the subscription of Jackson county to the Tebo & Neosho Railroad Company is illegal, and that said organization has not a legal existence, and that there is danger that the county subscription may be wasted and lost if issued to and superintended by said company, and to avoid all uncertainty in this matter, and to ascertain the validity of said organization and of the county subscription thereto, and to ascertain whether said company proposing to build the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company, has a valid and legal existence, the court hereby appoints a committee, consisting of Wm. Chrisman, P. M. Black, John C. Gage, James R. Sheley and C. O. Tichenor, with the request that they will make a thorough examination with the above questions, and report to this county as soon as they determine the legal status of said railroad organization, and whether it is safe for the court to issue the bonds to such com- pany ; in the meantime this court will take no further steps in issuing such bonds until such report is made. And afterward to wit: at the July term, 1871, and on the roth day of said month, amongst others, the following proceedings were had and made, viz. :
In the matter of the subscription by the County of Jackson to the capital stock of the Tebo & Neosho Railroad Company, in the name of, for the use and benefit of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad.
The court being satisfied, by sufficient evidence, that the terms and conditions in the order of this court, and the subscription made thereunder by the County of Jackson to the capital stock of the Tebo & Neosho Railroad Company, in the name and for the use and benefit of the Tebo & Neosho Railroad contained, upon which the bonds therein provided for were to be issued and delivered, have been fully complied with, it is ordered by the court that three hundred bonds of the County of Jackson of the denomination of one thousand dollars each in form and terms as are in said order and subscription provided (except they be dated this day instead of Ist day of May as in said order specified), be prepared and signed as the said order and subscription, provided, and when so prepared and signed, be delivered to William Chrisman, the financial agent of the County of Jackson, to be disposed of by him as is provided in the order of this court in relation thereto, made on the 2d day of May, 1871. Ordered by the court, that the order of this court, made on the 2d day of the May term, 1871, of said court, directing the deposit of the bonds and proceeds thereof issued to the Tebo & Neosho Railroad Company for the use and benefit of the Clinton & Kansas City Branch thereof be modified so as to allow the financial agent therein named to deposit said bonds or proceeds either with the banking house of Northrup & Chick, in the city of New York, or with the Third National Bank, in the city of St. Louis, at option of said agent. And afterward, to wit: at the November
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HISTORY OF JACKSON COUNTY.
term, 1871, of said court, and ou the 15th day of said month, amongst others, the following proceedings were had and made, viz. :
Whereas, The agent of Jackson county heretofore appointed by the order of this court to sell the bonds of the county and pay over the proceeds to the proper officers of the Clinton & Kansas City Branch of the Tebo & Neosho Rail- road Company as the works on said railroad in Jackson county, Missouri, progressed, has sold a portion of said bonds and paid over the proceeds as directed by said order. And
Whereas, Estimates have now been furnished said agent, amounting to $266,- 233 100, upon which the officers of said road are now claiming from him the remainder of said bonds or their proceeds. And
Whereas, Some of the taxpayers of said county have expressed to this court their belief that either some error exists in said estimates, or that there has been some mismanagement on the part of the officers in charge. Wherefore, the court considers it due to the taxpayers of the county, as well as to the officers of the company, to have said matters examined into at once. It is therefore ordered by the court here, that a committee be appointed to cause a fair and impartial ex- amination and measurements to be made to ascertain the actual amount and value of the work done and legitimate expenses incurred on said road in Jackson county. Said committee is hereby authorized, on behalf of said county, to employ some practical, reliable civil engineer, and such assistants as may be needed, to aid them in making the required estimates, as the representatives of the county of Jackson (said county being a stockholder in said company). Said committee is authorized to make such examination of the books and papers of the company as they may deem necessary. They are also requested to ascertain and report, not only the contract prices, but also the usual ordinary prices of any of the works done. The object of this investigation being to ascertain the real value of the work done. They are also requested to make said investigation and report the result to this court as speedy as practicable. George W. Bryant, W. R. Bernard and Sol. Young are hereby appointed said committee. Until the report of said committee shall be made, and the further order of this court in the premises, the financialagent of said court is requested to make no further payment to the officers of said company out of the proceeds of said bonds. And afterward, to wit : on the 15th day of November, 1871, among others, the following proceedings were had and made, viz. :
Ordered by the court that the appointment of Sol. Young and W. R. Barn- ard, as commissioners to examine into the affairs of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company be, and the same is hereby revoked, and that A. S. Packard and M. O. Jones be appointed on said com- mittee in their stead.
And on the 16th day of November, 1871, among other proceedings, the fol- lowing were had and made, viz. :
Ordered by the court that the order made on yesterday rescinding the ap- pointment of Sol. Young and W. R. Barnard, and appointing A. S. Packard and M. O. Jones be, and the same is hereby rescinded. Judge Yager protesting and asking that all of said five men be appointed on said committee. And on the 20th day of November, 1871, among others, the following proceedings were had and made, viz. :
The court orders that the names of A. S. Packard and M. O. Jones be added to the committee appointed by this court to investigate the action of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company, and that they act in conjunction with the other members of said committee. And afterward, to-wit: at the January term, 1872, and on the 18th day of said month amongst others, the following proceedings were had and made, viz. :
Whereas, The affairs concerning the construction of the Kansas City &
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HISTORY OF JACKSON COUNTY.
Clinton Branch of the Tebo & Neosho Railroad within the limits of Jackson county have become complicated so that it is difficult to obtain a clear and satis- factory statement of the condition of the work and expenditures within the limits of this county ; and
Whereas, The subscription of this county court was made on the express condition that the whole amount thereof should be expended in construction in this county, and
Whereas, A full and complete statement and understanding of amount of work done in this county, and of the amount paid and expended therefor, and for rights of way, and a fair proportion of the engineering expenses is necessary, before the county agent can be justified in paying over any additional amount to said board, or on their order. Therefore, it is ordered by the county, that Wm. Chrisman is instructed not to pay over either in cash or in bonds, any further sum upon any estimates or order of said committee of construction of said Branch Railroad, until first there shall be a full and complete statement made of the dispositions that have been made of the amount of $107, oco, which has heretofore been paid over to said committee of construction, and in case any part of said money has been applied to other purposes than the construction in this county, and to the fair proportion of engineering expenses and of a reasonable salary to a superintendent of construction, then such money so misappropriated shall be refunded to the Jackson county agent and applied to the payment of debt, still due for construction in this county. That this settlement must be full and com- plete and accompanied by proper vouchers to the satisfaction of the county court. That when such statement shall be made, showing that said amount of funds have been applied strictly within the terms of the order of this court making said subscription in good faith, the county agent will be authorized on the order of said construction committee, or the proper officers thereof, to pay over either in money or bonds to the contractors any amount that may still be due to them on construction in the county, provided said contractors shall consent to accept the measurements and estimates made by the commission of citizens and engineers appointed by this court, and the prices made in the original contract made by these with said committee of construction and if any difference in measurements the county agent may make arrangements with said contractors for a new measure- ment to be settled thereafter, and as to the contract of second class masonry, the said county agent is authorized to pay off at the rate of $8. 50 per cubic yard, and no more, and upon such payments to all of said contractors, they shall each execute a release to said Branch Railroad in full, for all demands against the same. It is further requested that upon a full settlement of all accounts upon this basis the said committee of construction shall pass an order agreeing to re-offer, and shall resign and turn over the said Branch Railroad and its control and all of its assets still on hand and consenting, shall pass an order agreeing to resign, and shall resign and turn over the said Branch Railroad and its control and all of its assets still on hand, and consenting for the Board of Directors of Tebo & Neosho Railroad and the Missouri, Kansas & Texas Railroad Company as the successor of Tebo & Neosho Railroad Company to appoint a new board of committee of construction to take and complete said Branch Railroad which shall be satisfactory to the counties that are stockholders. It being understood responsible parties are ready to take and complete the road upon fair and reason- able terms, if such change shall be made. And afterward, to-wit : at the Janu- ary term, 1873, and on the 20th day of said month amongst others, the following proceedings were had and made, viz. :
Whereas, inquiries are continually made of this court by tax-payers of Jack - son county as to the condition of the assets and accounts of the Kansas City & Clinton branch of the Tebo & Neosho Railroad Company and of its illegal successor the Kansas City, Memphis & Mobile Railroad Company ( which last
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HISTORY OF JACKSON COUNTY.
named company seems to have charge of the whole matter), and as to the man- ner in which the one hundred and seven thousand dollars of the Jackson county subscription, received by said Branch road, has been disbursed. And, whereas, the court is not informed in reference to these matters and it is due to the tax- payers that this information should be given, and when given should be reliable.
It is therefore ordered by the court here that a committee of five be appoint- ed to investigate the aforesaid matter fully, and ascertain, if possible, whether the funds of said company have been properly expended, and if not, in what respect ; and that said committee consist of Howard M. Holden, Henry W. Ess, John Q. Watkins, Preston and William Chrisman, and these five are appointed and requested to make said investigation as soon as convenient and report to the court with such recommendations as said committee may see fit to make."
And afterward, to-wit, at the July term 1873, and on the 23d day of said month, among others, the following proceedings were had and made :
SUBSCRIPTION CHANGED.
"In the matter of the subscription of Jackson county to the capital stock of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company.
Whereas, heretofore, to wit, on the 16th day of March, 1871, this court by an order of record did subscribe for and in the name of the county of Jackson, $300,000 to the capital stock of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company, upon terms in said order named and afterward, to-wit, on the 2d day of May, 1871, by an order of record duly accepted by said company, did modify and change said original order of subscription so as to pro- vide that the bonds of said county provided to be issued in payment of said sub- scription should be deposited with the banking house of Northrup & Chick in the city and State of New York, that a financial agent should be appointed by this court for said county who, in connection with the financial agent of said company, should be authorized to sell said bonds and deposit the proceeds thereof with said Northrup & Chick. That said financial agent should be authorized, empow- ered and required to draw such proceeds and pay the same over to said company, upon monthly estimates of work actually done upon said road, and the current expenses of said company, and did appoint William Chrisman such financial agent for said county who took charge of said bonds and deposited the same with said Northrup & Chick. And, whereas, said Chrisman as financial agent as aforesaid, did sell a number of said bonds and did pay over in money and bonds to said company upon estimates of work done on said road the sum of one hun dred and thirty thousand dollars, and has remaining in his hands about the sum of twenty five thousand, six hundred and eleven dollars and sixty cents, proceeds of the sale of bonds and accrued interest collected, and there remains on deposit with said Northrup & Chick one hundred and forty-seven of said bonds, being the balance of said bonds now in his hands and being the proceeds of the sale of a portion of said bonds heretofore sold, less any charges he may have for expenses incurred or commissions on sale of said bonds. And, whereas, a large amount of work consisting of gradation and masonry has been done upon said road by said company which has been greatly damaged by rain and other causes, and is liable to entire destruction if not repaired. And, whereas, as by reason of dif- ficulties arising in regard to estimates of work done upon said road and other causes, suits have been commenced in reference thereto causing the entire sus- pension of work thereon. And, finally, said road and company have been thrown into bankruptcy, and a suit instituded and now pending in the District Court of the United States for the Western District of Missouri, by the assignees in bankruptcy of said road and company against said county of Jackson and William Chrisman, agent as aforesaid, to recover said bonds and the proceeds of such thereof as has been sold now in the hands of said agent, involving the
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HISTORY OF JACKSON COUNTY.
whole subject n such complications as to render the carrying out of said modify- ing order impracticable, if not impossible. And, whereas, this court is informed and is satisfied from the installments of writing now before them that said Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company with all its rights, privileges, franchises and property, including the rights of said Branch Rail- road to said unsold bonds and the proceeds of such as were sold and remained in the hands of said agent, has been sold, conveyed and transferred according to law to the Kansas City, Memphis & Mobile Railroad Company, a corporation duly organized under the laws of the State of Missouri, and is the property of
the last named company. And, whereas, said Kansas City, Memphis & Mobile Railroad Company propose to complete said road over the route hereto- fore adopted and partially constructed, and to establish depots at Kansas City, Westport and Hickman's Mill, as in said original order provided, and to adjudge and have dismissed the proceedings in bankruptcy and the suit against said county and Chrisman, as aforesaid. Now, therefore, in order to release said road and the County of Jackson and the said financial agent from all complications and em- barrassments, and to faciliate the speedy completion of said road and carry out and fulfill the original object and purpose of said subscription, it is ordered by the court that as soon as a certified copy of the order of the District Court of the United States for the Western District of Missouri describing said proceeding in bankruptcy and said suit, is filed in the office of the clerk of this court, said William Chrisman, financial agent as aforesaid, be and is hereby ordered and di- rected to deposit with Donnell, Lawson & Co., bankers of New York City, the whole of the bonds aforesaid remaining unsold, and the balance of the proceeds of such of said bonds as may have been sold, together with the interest that may have been collected on any of such bonds remaining in his hands, such deposit to be made in the name of Jackson county, Missouri, as the property of said county and subject only to the order of this court, and said agent is required to take the receipt of said Donnell, Lawson & Co. to that effect, and return the same to this court at its next session after such deposit.
"And it is further ordered by the court that when said company shall have completed the gradation and masonry of said road in a style and quality provid- ed for in said original order of subscription, and of a width and quality adapted to and suitable for a standard gauge railroad, and in a condition to receive the ties, and superstructure beginning at Kansas City, at the point named in said original order, and running over the same route heretofore adopted, and upon which work has been done from Kansas City to Harrisonville, in Cass county (stipulating hereby that said work shall include not only the unfinished grada- tion and masonry thereon, but the complete repair and adjustment to the stand- ard gauge of such work as may have been done, and inferred as aforesaid); and shall also have secured the rights of way over said route, then upon the report of commissioners to be appointed by this court, who shall have made a thorough ex- amination of the same, that said gradation and masonry has been completed, and the right of way secured as aforesaid, the whole of the proceeds of the sale of said bonds and the money deposited by said financial agent, as in this order provided, remaining in the hands of said Donnell, Lawson & Co., after the pay- ment of such orders of this court, securing the right of way for said road for ad- justing claims in bankruptcy, and the cost of said proceedings in bankruptcy, as hereinafter named, shall be paid over to said Kansas City, Memphis & Mobile Railroad Company in full payment of the balance due upon said subscriptions. And said Donnell, Lawson & Co. are hereby authorized and directed to sell the said bonds at the highest prices that can be obtained, not less than eighty cents on the dollar, over and above commission, and exclusively of accrued interest, and to retain the whole of the proceeds of such sale, together with the money to be deposited as aforesaid by said financial agent, until the completion of the
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