USA > Missouri > Pettis County > Sedalia > The History of Pettis County, Missouri, History of Sedalia > Part 30
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In former years, political contests, while excited so far as regards state and national issues, had nothing common with local elections. Personal vituperation and insidious attacks by politicians upon character were not then so prevalent as now. Now politics is carried from the highest to the most menial offices of the land. Then persons were sought to fill offices. The civil war in this county did not make men dishonest, but only developed what was in the men. The men who have used the public, funds for private ends have been forever silenced when they apply to the majesty of the people for their suffrages.
During the early history of the county, revenues were light. However, the rate of taxation was very little, if any, less than at present. For the first few years of the county's existence the expenses ranged from three hundred to one thousand dollars per annum. The books were not kept in a very systematic manner, and it is difficult now, even as it must have been then, to be able to determine accurately the condition of the county finances. In those days the people were honest enough to do much of their work orally. They managed to keep the machinery of the county in motion and contract no large debts.
In this treatise it is our object to give a brief, clear and concise report of the financial operations of the county, before and after the civil war, that the reader may have an insight into some of the more salient features of the Pettis county finances. To many of the older settlers these reports will appear homelike, while to the immigrant they will be interesting because of their novelty.
By turning the leaves of the financial records, the historian finds that
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HISTORY OF PETTIS COUNTY.
the county during the first twenty years of its existence had but little need of revenue except for the erection of public buildings, and the pay of its officers. At a glance the observer will perceive that for more than a score of years prior to the civil war, the county affairs were economi- cally managed, and the taxes, not every year light, were considerable less than at present, and the valuation of all kinds of property was many times smaller than now.
The county court records are missing from Jan. 26, 1833, to Nov. 6, 1837, about four years. Those who remember, say these records were kept in a small book quite well worn when last noticed.
The first session of county court as now . appears on record, bears date Nov. 6, 1837, with Jesse Pemberton, president of the court, Thomas Jopling and James McCormick, associate justices, Wm. R. Kemp, sheriff, and Amos Fristoe, clerk.
In 1839, the assessor, Willis P. Ellis, assessed the county in twenty- nine days, receiving for his services two dollars per diem, making a salary · of fifty-eight dollars.
In 1840, John R Phillips, assessor, was allowed for assessing county for state purposes, thirty-four dollars, and the same amount for county purposes, amounting to sixty-four dollars, making a salary augmented by six dollars over the previous year.
In 1841, Nathaniel A. Newbill, assessor, assessed the county in thirty- five days, receiving for his services one dollar per diem from the state and the same wages from the county, amounting to seventy dollars.
In 1842, Alexander M. Christian, assessor, assessed the county in forty days, receiving eighty dollars for his services.
In 1843, Nathaniel A. Newbill, assessor, assessed the county in forty- six days, at two dollars per diem, amounting to ninety-two dollars for the entire work.
In 1844, Nathaniel A. Newbill, assessor, assessed the county in forty days, for which he was paid the sum of eighty dollars.
The revenue of the county was quite small until the prairie farms began to be opened, which was about 1850. Since then work of the county assessors has been greatly increased, so that at present the office is elective, and requires an active, intelligent assessor, and several deputies to perform the labor within the limited time assigned him by the law. His salary now amounts to about $600, very fair pay since it does not require more than about one-third of the year to attend to his legal official duties. At present Mr. J. W. Walker is the efficient county assessor, a gentleman who attends well to his office.
In 1850, James Kemp, sheriff, collected the following licenses for the county :
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HISTORY OF PETTIS COUNTY.
Merchants' license. $63.91
Peddlers' license. 10.00
Physicians' license 12.50
Lawyers' license. 2.50
Total amount. . $88.91
In 1837, Albion Robertson, county treasurer, showed that on the 17th day of August, 1836, there was in his hands the following:
In bonds. $1,537.032
Interest on same. 334.60
Cash on hand. 95.00
Cash subsequently received 522.25
Total amount on hand. $2,488.88₺
Paid Thos. Wasson, bridge commissioner 200.00
Balance on hand. $2,288.882
For the year 1837, the amount of county revenue collected was:
For county contingent expenses $150.68
For county public buildings. 588.86
Total amount $739.54
Wm. R. Kemp, collector, presented to the county court the amount of insolvents and delinquents for the year 1837, as follows:
For state purposes $6.40
For county purposes . 9.60
Total $16.00 In 1837, the amount of revenue collected, less the expenses, was $365.87.
The following shows the financial standing of the county in 1850:
(Reece Hughes, the treasurer of the county of Pettis; June 30, 1850; in account with Pettis county :
REVENUE.
Dr., To amount received from James Kemp, collector $1,005.00
Dr., To balance as per report, June, 1849. 23.23
Dr., To amount received state military fund. 176.98
Total $1,206.13
CREDIT.
By amount per warrants $850.15
By amount paid witness fees 85.00
Balance due Pettis county $ 260.98
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HISTORY OF PETTIS COUNTY.
ROAD AND CANAL FUND.
Dr., To amount received per warrants $ 161.50
LAND DISTRIBUTION FUND.
Dr., To am't rec'd from state treasurer since last settlement. $ 626.95 Dr., To am't rec'd from state treasurer since last settlement. 599.50
Total. $1,226.45
CREDIT.
By am't expense to get money from Jefferson City, twice,
deduct.
.
$ 10.00
By amount loaned on security. $1,216.45
STATE SCHOOL FUND.
Dr., To am't rec'd, distribution, in 1849. .. $ 497.25
Dr., To am't rec'd, distribution, in 1850. 250.72
Total. $ 747.97
Cr., By am't paid organized townships $ 459.75
Balance to credit of schools $ 288.22
TOWNSHIP SCHOOL MONEY
remains in the hands of the borrower, as the previous year.
The county school funds, consisting of fines and penalties. . $ 5.00
Road and canal fund. . 2.00
R. HUGHES, COUNTY TREASURER.
The following is James Kemp's settlement as sheriff of Pettis county, in 1851, for licenses due the state of Missouri:
Physicians' license $ 2.50
Dramshop' license. 15.00
Merchants' license 2.07
Attorneys at law license 2.50
Total amount $22.07
In an early day the county officers were required to give bonds for faithful duties, as at present, and they were generally faithful to their pledge.
For the year 1854 the county tax was fixed at one-sixth of one per cent., and the railrood tax one-half per cent., and the poll tax was twenty-five cents, for county purposes. In this year A. G. Branham, assessor, received $155 for his services as county assessor.
The following year, 1855, one-fifth per cent. was levied on the property
-
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HISTORY OF PETTIS COUNTY.
set forth in the assessor's book for county purposes, the poll tax, twenty- five cents on each poll assessed, and one per cent. was levied for railroad purposes. For this year, E. C. Bouldin, county assessor, received for his services $221.30.
In the year 1857, the sum of $530 fell due Pettis county, from the sale of 500,000 acres of land donated by congress. Reece Hughes was appointed by the court to receive the same.
For the year 1856, only $180 revenue was received from licenses. Since that day the county revenue has swelled to hundreds of dollars.
In 1858, Reece Hughes, county treasurer, showed, in an exhibit, that $13,896.97 had been collected for railroad purposes.
November 1, 1853, A. A. Grasscock was appointed, for two years, county school commissioner, and required to give a bond of $1,500.
In 1870 the assessed value of real estate of the county was $5,328,556; personal property, $949,352; true valuation of personal and real estate property, $5,000,000; taxation not national, $77,263; bonds issued, $35,- 000; other debts for 1870, $15,000.
In 1873, during the panic, very many persons became bankrupt, and property of all kinds decreased in value, in many instances more than fifty per cent. Mortgaged farms were sold, and numbers of families who lived in opulence only a few years previous were now homeless, and to make the picture still darker, no avenue of business was open for them to make a livelihood.
It was not till the year 1852 that the project of locating a railroad through Pettis county was much agitated. Among the leading men in this scheme we mention Gen. Geo. R. Smith, Maj. Wm. Gentry, Reece Hughes and George Heard. In the year 1853 the county court ap- pointed Gen. G. R. Smith agent, to subscribe for shares of the Pacific Railroad Company. Accordingly, he subscribed for seventeen hundred shares, of one hundred dollars each, amounting to the magnanimous sum of $170,000.00. Of the bonds issued subsequently, $100,000.00 was pay- able twenty years after date at the rate of six per cent. per annum. The $70,000.00 was to be paid at any time when the road was located. Gen. Geo. R. Smith had authority from the Pettis county court to act as a di- rector in all business pertaining to the interests of Pettis county.
In 1855 the county borrowed of C. & W. Wood, George Heard, W. H. Powell and David Thomson, sufficient money to pay the amount of assessments due the Missouri Pacific Railroad Company.
The Pacific railroad bonds have been all paid by the county. The bonds were subscribed in good faith and the people expected to realize something from the investment, but owing to a change of hands and gen- eral unfairness on the part of the bondholders, they realized nothing. At present the outstanding bonds of Pettis county do not amount to more
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HISTORY OF PETTIS COUNTY.
than $25,000, and the people should congratulate themselves in so wisely throwing off the burden of debt so recklessly imposed and saddled upon them during the few years following the close of the civil war. The enormous taxes and general dishonest management of the county finances from 1865 to 1873, brought about a retrenchment in salaries and a great change in the political management of the county.
The following shows the assessment list of personal property for the year 1881, as given in the abstract by the county assessor, W. E. Middleton:
Number of horses,. 8,455, valued at. $ 357,589.
Number of jacks and jennets, 64, valued at 3,990.
Number of mules,. 2,604, valued at. 92,383.
Number of neat cattle,. .28,442, valued at 399,441.
Number of sheep, 28,984, valued at 36,905.
Number of hogs,. . 31,156, valued at 65,622.
Money, notes, bonds and other credits, 447,544.
All other personal property, 574,299.
Total valuation, $1,876,544.
Total banks' valuation 226,246.
Total Building and Loan Associations-valuation, 104,978.
Total amount, $2,208,000.
The abstract of real estate for the year 1881, as given on the assessor's book, is as follows:
Total valuation of farming lands,
$3,232,035.
Total valuation of town lots, 1,572,739.
Total amount, $4,804,774.
Grand total of all property,. $7,012,774.
By 1876 the county began to improve from the downward tendencies thrown upon it by the dull times of 1873-1875. The value of all property has been increasing gradually to what it is now.
An estimate of the valuation of the personal property as given by J. W. Walker, county assessor for the year 1882:
Number of horses, 8,871, valued at. $ 325,505.
Number of jacks and jennets, 55, valued at. 3,670.
Number of mules, 2,658, valued at 130,570.
Number of neat cattle, 29,040, valued at 466,705. Number of sheep, . 36,675, valued at. 57,457.
Number of hogs,. 27,293, valued at. 64,293.
Money, notes, bonds and other credits,
525,296.
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HISTORY OF PETTIS COUNTY.
Amount received by corporate companies, 372,270.
All other personal property , 516,676.
Total amount, . $2,462,644.
The assessor returned a list of 2,637 dogs (perhaps one-third the number in the county) property which is a nuisance to the county. The value of sheep and other property destroyed by fostering and breeding the canine species is far in excess of all the damages assessed and collected from the owners of dogs.
Estimated value of real estate for 1882:
Farm lands $3,496,625. '
Alphabetical lists, 118,475.
Town lots, 1,626,225.
Railroad lands and lots, 78,985.
Total,
$5,320,310.
Grand total, $7,782,954.
The pay of county officers is at present as follows: County treasurer's salary is $1,500, and one-half of one per cent. of all school funds that pass through his hands. The county prosecuting attorney receives about $750 per annum, and fees. The county clerk is not allowed to retain upwards of $1,500, after this term, and his deputy is allowed $750 per annum. The probate judge and county recorder are paid out of fees of the office. The collector deducts a certain per cent. of his collections for his salary. The county school commissioner collects $1.50 from each applicant for a cer- tificate to teach, and receives from the county court about $50 for making his annual report to the state superintendent of public schools of Missouri. The circuit clerk, county surveyor, and constables are paid out of fees of the office. The sheriff is allowed pay for actual work. The representa- tive receives $5.00 per diem for seventy days session, after which only $1.00 per diem. The office of recorder is perhaps, at present, the most lucrative in the county. The three county judges receive $3.00 per diem, and mileage for actual service.
The citizens of the county suffered considerable from legalized plunder during the interval that the dominant political party kept them from the polls. So great was the pressure in this and many other counties of the state, from 1865 to 1872, under the management of the county system, that the township system was hailed with joy. When the new officers were elected that year (1873), they made it part of their duty to investigate the proceedings of the old courts, especially all of its financial transactions, in order to verify the people's wrongs. Here was a general overhauling and upturning of the conduct of the past office-holders. The township system
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HISTORY OF PETTIS COUNTY.
performed its mission of wiping out frauds and introducing reform and retrenchment in officers' salaries, and in 1877, the people went back to the old plan of county organization. The township system did not by any means prove a failure or inoperative, but on the contrary, was the greatest preservative of the people's rights.
Notwithstanding the cry of retrenchment and reform, the levies on property of all kinds appear to be growing astonishingly high as the county becomes better developed. Without taxation we cannot have good public improvements. The people of Pettis county are learning that money, properly and judiciously appropriated for public purposes, is not thrown away, but tends in many ways to bring back to them its value increased many fold.
The levies for the year 1882 are comparatively light, when we take into consideration the great wealth of Pettis county, her superb natural resources, all estimated to be upwards of $12,000,000. For this year the levy for state and county purposes is $1.05 on the hundred. The school levies in the several districts vary from twenty cents to $1.00 on the hun- dred, and average about forty-five cents on the hundred.
Mr. R. H. Moses, present efficient county collector, collected $150,000 revenue for 1881. This offiee has already become one of immense busi- ness.
The county poor farm, situated in Flat Creek township, and consists of fifty acres of land, of about the worth its name gives it. Paupers are kept here at an expense of $1.35 per week to the county. .
CHAPTER VII .- COURTS AND BAR OF PETTIS COUNTY.
Law-Its Origin and Authority-The Seat of Justice for Pettis County-Early Courts --
Their Authority and Jurisdiction-History of Pettis County Court-History of the Cir- cuit Court-History of the Criminal Court-History of the Court of Common Pleas and Probate -- List of Circuit Judges from First-Roll of Attorneys since Organization of County-Present Resident Attorney's Roll -- List of Foreign Attorneys-Personal Mention.
LAW .- When "the earth was without form and void, and darkness was upon the face of the deep, and God said let there be light,"-that mandate was the first assertion of Supreme authority, and its execution the effect of supernatural power exercised in bringing order out of chaos, and establishing natural laws for the government of the material universe. It was the supernatural operation of physical force upon material things- the creation of a new order of natural tendencies, and in its relation to mat- ter, the beginning of law on earth. The decree of the Almighty that man should have dominion over every living thing, delegated judicial powers and functions to the human race, and the punishment of Adam and Eve
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HISTORY OF PETTIS COUNTY.
for disobedience was the exercise of judicial authority by the Creator, and established a precedent for the guidance of mankind in the enforcement of law.
The sages and patriarchs of early ages were the law-givers and judges for their people, but they depended largely upon divine inspiration and guidance in matters of great moment; and upon their representations of the will of the Supreme Being, as revealed to them for the government of mankind, human laws were based, moulded and fashioned. Since Moses delivered the law engraven on tablets of stone to the children of Israel, the Ten Commandments have never been improved upon; and to-day the laws of all civilized nations contain their essence-forbidding what is there prohibited, and permitting only what is there allowed for man to do. From analogy, therefore, we may reason, that the just laws of all civilized nations are of Divine origin-that their vindication and enforcement is by Divine authority, and that the judicial tribunal which is uncorrupted by bribery or uninfluenced by prejudice or passion, as far as human wisdom can go, represents the will and authority of the Divine Being.
The reign of law, order, peace and prosperity, or violence, bloodshed, anarchy and ruin, are the lessons of history respecting the existence and enforcement, or the entire absence of just laws in nations of past ages, leaving upon every reflecting mind the unpleasant impression, that man is by nature a rebel and an outlaw, and without the refining influences of civilization is the most vicious and depraved of all creatures. Civilization is the fruit of just laws honestly and intelligently administered, and the moral and intellectual standard of nations and communites may be correct- ly determined by an investigation of the character of their laws and the degree of impartiality and faithfulness with which they are executed.
It is a matter of history, that from time immemorial, lawyers have been the law-makers of the world, and the sole instruments of legal administra- tion; and again, reasoning from analogy, the fact is clearly and conclu- sively established, that the intelligence, culture refinement and moral worth of every community, are faithfully represented by its courts and bar.
No country in the world possesses a better legal code than the United States. The legitimate offspring of the popular will, founded upon prece- dents and forms of English law antedating the reign of Alfred, and crowned by the eternal principles of right and equal and exact justice, they are equal to every emergency, and meet every requirement. There can be no wrong that they are powerless to right-so far as human power can go in that direction, and no grievance that they cannot redress within the bounds of reason and justice.
To day, whatever may be said to the contrary, Missouri is the peer of any of her sister states in the completeness and wisdom of her laws, and in
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HISTORY OF PETTIS COUNTY.
this connection whatever may be said of Missouri applies with equal force and appropriateness to Pettis county.
EARLY COURTS .- Owing to the incompleteness of the early records, it is not possible to give as complete a history of the courts of Pettis county as we had contemplated, but we have succeeded at the cost of much labor and money, in obtaining very satisfactory information from old settlers, and can therefore give such facts as are of primary importance to the legal fraternity, and of especial interest to the general reader.
The early courts were of the most primitive character, and judicial procedure in accordance with the simplest forms, unburdened by the com- plex technicalities of the present day. The proceedings in court trials partook largely of the character of courts-martial, being arbitrary and strictly in accordance with both letter and spirit of the law. Jury trials were conducted according to the simplest forms-the jury, as a matter of fact, acting merely as a board of arbitration. The court dockets were not cumbered with long lists of causes, based upon theoretical law points, for the judges promptly declined to consider causes not strictly within the bounds of equity. The result was that the business of the courts was dispatched with rapidity and promptness, and conclusions reached by the shortest and simplest methods.
THE SEAT OF JUSTICE .- By act of the legislature of Missouri, January 26th, 1833, Pettis county was organized, comprising all the territory within the present eastern, northern and western boundaries, and extend- ing south to the middle of the Osage river. The house of James Ramey at St. Helena, now known as Pin Hook Mills, situated eight miles north and one mile east of Sedalia, was designated as the place where the courts should be held, until the tribunal transacting business for the county should establish a temporary seat of justice.
The act also created a county court, designated the times of its meeting, and empowered the governor to appoint temporary judges.
By act of the legislature, December 3d, 1834, the temporary seat of justice for Pettis county was continued at St. Helena, until the permanent seat of justice should be selected and established, and Joseph S. Anderson of Cooper county, John Stapp of Lafayette county and John Rucker of Howard county, appointed commissioners to select a site for permanent seat of justice.
By authority of the act above mentioned, the business of the county was transacted at St. Helena, until 1837, when by act of the legislature George- town, three miles north of Sedalia, was selected as the permanent seat of justice for Pettis county, and a large substantial brick building was erected for the accommodation of the courts and county officials. The frame work of the building consisted of massive beams of hewn timber frame d together with great care and skill and firmly anchored in the walls.
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HISTORY OF PETTIS COUNTY.
Forty-three years that grand old building stood there,-breasting the storms-unshaken; and the children, who played within the shadow of its. walls had become mothers and fathers, with gray hair and time-furrowed faces. Forty-three years-nearly half a century-and the men who had laid its foundation and reared its walls, who had framed its massive timbers and fashioned such parts into a symmetrical whole, were bowed with age, or had passed into another life. A generation had been born and had passed away, and a wilderness had been transformed into a country teem- ing with human life and energy, and then the walls of that historic temple of justice, that through all these years had looked down upon scenes of festivity and gloom, of joy and woe, of peace and war; that had echoed to the tread of armed men and the eloquence of orators pleading for justice were dismantled and leveled by ruthless hands, and carried away to Sedalia, to be used in the construction of a stable.
"To what base uses must we all return * * *
Imperial Czar dead and turned to clay, Might stop a hole to keep the wind away; O, that the earth which held the world in awe Should patch a wall to expell the winter flaw."
Georgetown remained the permanent seat of justice for Pettis county from 1837 to 1865, when by act of the state legislature it was removed to Sedalia, its present location.
THE COUNTY COURT .- The act of the legislature of Missouri, January 26, 1833, which provided for the organization of Pettis county, and the establishment of a temporary seat of justice, also created the county court, and empowered the governor to appoint judges therefor, to serve until the general election in the county, which was ordered to be held in 1834. As before mentioned, the place selected temporarily for the transaction of the business of the county, was St. Helena, and times for holding the county courts, the third Mondays in February, May, August and Novem- ber.
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