USA > Missouri > Linn County > The history of Linn county, Missouri. An encyclopedia of useful information > Part 27
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However, on Monday, the eleventh day of December, 1837, the first Cir- cuit Court commenced its sitting, at the house of Thomas Barbee, the Hon. 17
·
266
HISTORY OF LINN COUNTY.
Thomas Reynolds, judge of the court, and Hon. James A. Clark, circuit attorney.
The first act of the court was to empanel the grand jury, and the fol- lowing persons were sworn and charged by the judge as the first grand jury of the Linn County Court; to-wit, Augustus W. Flournoy, foreman; John M. Ogan, Medium Tyler, Kinith Bagwell, Jeremiah Hooker, Samuel S. Masses, Alexander Ogan, Bowling H. Ashbrook, K. Ashbrook, William Cornett, Abraham Venable, George Taylor, Isaac Tay- lor, John Beckett, John Cherry, Uriah Head, Rennison J. Tisdall, Littrel B. Cornett, and William P. Sutherland.
The first case which came before the court was that of Thomas Stanley v. Thomas Botts. The defendant filed his plea of not guilty and justification. The case was continued to the next term of the court, held August 13, 1838, when it was decided in favor of plaintiff, by a jury of twelve good, true men ; to-wit, John Ogan, James C. Slack, Johnson McCowen, Rennison J. Tis- dall, Preston O'Neal, James M. Warren, Jeremiah Phillips, Jefferson Han- cock, William Smith, William Clarkson, Whorton R. Barton, and John Neal. They gave plaintiff six hundred dollars and cost of suit, and the judgment was paid September 26, 1838. John W. Minnis got eleven dol- lars and twenty-five cents for his services as sheriff.
The second case on the docket was the partition of 3,680 acres of land, which read as follows: "This day comes the petitioners, and it appearing to the court that the said Caton Usher, Missouri Lathrom, and John Lath- rom, are seized in fee of one-third undivided part in the following described lands." Then come the description of twenty-three quarter sections, and the number of acres above given. Augustus W. Flournoy, Jesse Bowyer, and Whorton R. Barton were appointed commissioners to divide the same. That ended the business of the first session of the Circuit Court of Linn county.
At the second term of the court, the rules of practice of the court were entered of record, covering five pages of book " A." With the above, and settling the Stanley case, and approving the bonds of the clerk and sheriff, nothing further was done at the second term of the court. Another grand jury was present, but neither the first nor the second returned any indict- ments. At the third term of the Circuit Court three indictments were found. One against James Nichols, for selling liquor without license; one against Robert Young Watson and Joseph Newton, for an affray, and one against E. T. Dennison, for assault and battery. Dennison called for a. jury, and twelve "good and lawful" men brought him in guilty, and as- sessed a fine of one dollar. Watson and Newton were discharged, and James Nichols owned up guilty for selling liquor without a license, and was mulct in the sum of $20.
The court held its terms in April, August, and December, commencing
267
HISTORY OF . LINN COUNTY.
in the year 1839. There was very little business in the Circuit Court up to 1840.
A Mr. Jacob Langfield failed in business, and the December term of the Circuit Court was taken up about half the time on attachment suits against him, no less than nineteen of these suits being entered against him at that term of court. The grand jury, also, for the first time returned indictments, true bills, against no less than twelve persons, for betting at cards, and in April following thirty more came forward under a like charge.
There is a sort of tradition that the first Circuit Court was held in the present town of Linneus, under the friendly shade of an oak tree, and it may have been so; but that session of the Circuit Court is not of record, if it was ever held. The first case of record is given; but, as that was in the month of December, the value of the "friendly shade of an oak tree " is not ap- parent to the writer. The tree, at the time spoken of, was an ornament standing just north of the public square. There was only one case which came up for trial, and that was a suit on a promissory note. The jury, it was stated, returned a verdict, but unfortunately the person who gave us the information was not able to state whether it was the plaintiff or the defendaut who won. The court, at this time spoken of, was in session only about two hours.
In 1843 the time for holding the Circuit Court for the Eleventh Judicial District was changed from the second Monday in April, August, and De- cember, to the third Monday in April and October, for Linn county. The Eleventh District was then composed of the following counties; to-wit, Grundy, Livingston, Linn, Adair, Macon, and Chariton.
In 1849 the legislature passed an act changing the time once again for holding the court, and also changed counties composing the Eleventh Judi- cial District. This act, which was approved March 7, 1849, changed the · terms of holding the Circuit Court in Linn county to the first Monday in April and October, and made up the following counties to compose the Eleventh Judicial Circuit: Chariton, Linn, Livingston, Grundy, Mercer, Dodge, Putnam, and Sullivan. This change took effect from the fourth day of July, 1849.
A CHANGE.
At the session of 1868-69 the time of holding the Circuit Court was again changed from the first Monday in April and October, to the first Monday in June and December, and all the writs issued returnable at the April term were made returnable at the June term. This seemed to settle the Circuit Court business in this district for a number of years. There was no mention of a change in the counties composing the district, and it remained in that shape until the meeting of the General Assembly of 1880-81, when the counties composing the Eleventh Judicial Circuit were
268
HISTORY OF LINN COUNTY.
again changed. It is now composed as follows: Chariton, Linn, Sullivan, Grundy, and Mercer. This act was approved March 4, 1881. There were changes made by this act in the time of holding the court in several of the counties composing the district, but Linn remained the same as heretofore, or since 1869.
PROBATE COURTS OF LINN COUNTY.
Prior to the year 1853 all business of a probate character was transacted by the County Court. In pursuance of the provisions of an act approved February 3, 1853, an officer was elected on the first Monday in August, 1853, styled the probate judge of Linn county. By this act the County Court was required to direct the county clerk to deliver over to said pro- bate judge all original papers on file in his office relative to all estates of deceased persons, orphans, minors, idiots, persons of unsound mind, and apprentices, and all other persons relative to the subjects over which the probate judge had direction, and the jurisdiction formerly had by the County Court in such matters was transferred to the Probate Court.
The powers conferred upon the probate judge by this act were very comprehensive. In addition to those enumerated above, he had jurisdic- tion in action of assumpsit for all demands claimed to be due administrators, executors, guardians, and curators, in their respective characters to the amount of two hundred dollars, and had concurrent jurisdiction in equity with the Circuit Court in all matters and controversies properly cognizable in courts of equity of the State, according to the rules of practice which govern courts cf chancery in which administrators, executors, guardians, and curators, were necessarily parties. He could also hear and determine appellations for injunctions, habeas corpus, ne exeat, and was also ex officio a justice of the peace for the township in which his office was kept.
This act was materially modified, if not repealed by implication, by an act approved March 19, 1866, in which the Probate Court was still retained as a separate court, and the judge thereof was styled the judge of probate, and by an act of the above date the judge of probate was made ex officio president of the County Court.
The first judge of the Probate Court of Linn county was Judge Jacob Smith, who was elected in 1853 and who was subsequently circuit judge. The second was Judge Thornton T. Easley, who was elected in 1857 and who had for his clerks A. W. Mullins, Esq., and G. W. Easley, Esq. In 1861 Judge, William H. Brownlee was elected judge of probate, and resigned, and Judge George W. Stephens was appointed his successor, but served only a short time, owing to some provision of the law disqualifying him, and Judge James T. Jones was appointed in his stead. In 1866 Judge Carlos Boardman was elected, and was succeeded by Judge Ell Torrance, who was elected in 1870. In 1874 John B. Wilcox was nominated for
269
HISTORY OF LINN COUNTY.
probate judge, but afterward ascertaining that he was ineligible on account of not being old enough, declined the nomination, and Judge J. D. Shifflett was selected to make the race in his stead, and was elected at the general election of 1874, and had John B. Wilcox for his clerk during his term of four years ..
In 1878, Judge John B. Wilcox was elected judge of the Probate Court and is the present incumbent.
Prior to the adoption of the new constitution of 1875, there was no uni- formity as to the courts having probate jurisdiction, in some counties the Probate Court being a separate and distinct court, and in others it being connected with the county or common pleas court, but the new constitu- tion provides that there shall be a separate Probate Court in each county of the State.
The Probate Court has jurisdiction over all matters pertaining to probate business, to granting letters testamentary and of administrators, the ap- pointment of guardians and curators for minors and persons of unsound mind, the probating of wills, the sale and leasing of lands by administra- tors, and guardians and curators, the settling of the accounts of adminis- trators, executors, guardians, and curators, and over all matters relating to apprentices. The judge of probate has also the right to solemnize mar- riages.
He is also empowered to appoint commissioners to set apart homesteads and dower to widows and minors, to present claims due estates to be com- promised, and in general to make such orders as he may deem advantageous to estates in the collections of debts and the distribution of personal prop- erty.
Owing to the enlarged powers conferred upon the probate judge, and the fact that in the course of one generation all the property in the county passes through administration under the guidance of the probate judge, his office is one of the most responsible in the gift of the people, and there is scarcely any one but who, at some time in his life, is interested in the estate of a decedent or in the management of the property of minor chil- dren. Not only are the rights of creditors, heirs, devisees, legatees, and distributees, committed to those concerned in the business of administration and guardianship, but the titles to real estate sold by administrators, guar- dians, executor, and curator, depend, in a great measure upon the accuracy with which they comply with the requirements of the statute. Owing to the fact that the most of the proceedings had before the Probate Court are ex-parte in their character, that is where only one side of a case is repre- sented, and where the lips of the deceased are sealed in death, and his bene- ficiaries a widow or minors, it is all important that the probate judge guard with a jealous care, and scrutinize closely the actions of administra- tors and guardians, who, either through ignorance or dishonesty, might
270
HISTORY OF LINN COUNTY.
subject the interests contided to them to irreparable injury, and sweep away the accumulated earnings of years of privation and toil, and thus deprive the innocent and happy of that comfort and ease which had been the object of years of anxious solicitude and unremitting industry on the part of the departed, the thought of whom had lightened many a weary year's toil and sweetened many a bitter cup.
Hence the necessity that the probate judge be a man of scrupulous in- tegrity and well trained in the learning of the law.
CHAPTER XI.
STATE AND COUNTY'S EDUCATIONAL FACILITIES.
Educational-School Law and Section 7103-Consolidation of State School Funds-Why Education Should be Universal-Linn County's First Move-Sales of the Sixteenth Sec- tions-School Funds-Organized into School Districts-The Funds of Each-State Fund from 1850 to 1860 -- Township Fund Distributed from 1854 to 1863-The Effects of the . Civil War-After the Deluge-New Organization of the School Districts, 1866-School and Swamp Lands-Enumeration-Town Apportionment-The Hannibal & St. Joe and Other Railroads-School Taxes-School History in Detail from 1875 to 1881-State School Fund -Closing Remarks.
EDUCATION.
The State of Missouri has taken a deep interest in the education of her children, and perhaps very few of the people really know the situation of the school money of the State, or, in many instances, of the county. They are posted in the district in which they reside and know how much tax they pay for their schools and to put up their school-houses, but it is doubtful if many know what amount the State contributes annually toward educating their children. In view of this fact, not only is there a full and complete history of the schools of Linn county embodied in this work, but there is added so much of the action of the State in regard to public schools, colleges, and seminaries, as will prove not only of interest to the reader of this history, but of inestimable value for the information it con- tains. At the last session of the General Assembly, that of 1880-81, quite a large portion of its time and talents were given to simplify the laws regard- ing public schools, adding others needed, and arranging the school fund of the State in such a manner as would give the largest amount for distribu- tion, and at the same time make this fund for all time a sacred trust to the people of Missouri, to their children, and to their children's children. Be- low is the amended section, 7103, which now is the law of the State, and reads as follows:
-
271
HISTORY OF LINN COUNTY.
" SECTION 7103.
" It is hereby made the duty of the several County Courts of this State to diligently collect, preserve, and invest at the highest rate of interest that can be obtained, not exceeding ten nor less than six per cent per annumn, on unencumbered real estate security, worth at all times at least double the sum loaned, with personal security in addition thereto, the proceeds of all moneys, stocks, bonds, and other property belonging to a county school fund; also, the net proceeds from the sale of estrays; also, the clear pro- ceeds of all penalties and forfeitures, and of all fines collected in the sev- eral counties for any breach of the penal or military laws of the State; and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to, and shall be securely invested and sacredly preserved in the several counties, as a public school fund, the in- come of which fund shall be faithfully appropriated for establishing and maintaining free public schools in the several counties of the State."
The legislature, also, at the same session, passed an act consolidating the State school funds into six per cent thirty year certificates of indebtedness, the interest payable annually on the first day of January of each year. This certificate of indebtedness amounts to $3,800,000, and dates from July 1, 1881. It is now negotiable, and in the words of the act, "shall be sacredly preserved in the State treasury for the permanent school fund of the State."
SCHOOLS.
Education stands at the portals of civilization, and from the earliest his- tory of our country it has stood as the bulwark of free institutions, the beacon-light which has guided our people in their onward march of progress and given a name to America as the home of an enlightened people. It is the keystone in the arch of human development, and the world progresses as the arts and sciences spread and irradiate the whole country. Ignorance and vice ruled the "dark ages," war desolated the country, but when educa- tion led in the march of civilization the sword gave way to peace, and vice was relegated to those places where the sunlight of reason had not yet broken through the thick cloud of ignorance which enveloped the masses of the people. The sword gave way to the intellectual sway of the pen, and men found higher aims and nobler accomplishments than that of the suc- cessful knight or gladiator.
The spread of education began to tell upon the mental resources of the people; in its development the triumph of mind over matter became as- sured, and its forward progress has been a triumphant march, ever onward and upward toward the plane of universal knowledge. And from the old world to the new came, also, the thirst for knowledge. It was those driven
272
HISTORY OF LINN COUNTY.
from the old world because vice, which reigned, could not stand the light of an educated people, who made America their home. They came free to carry out their views of education and enlightened progress, and grounding their work upon their faith, it was one of success. America stands to-day, in practical education and general knowledge, in the van of enlightened na- tions-not that effete knowledge which runs in the rut of theoretical teach- ings, but in the wide, open pathway which makes the mind expand and gives broader views to the masses of the people. It is this general knowl- edge which has made the United States rank as one of the first nations of the earth in power and influence; and yet she has but just passed one cen- tury of her existence. And this thirst for knowledge has increased with her increasing years, and schools and colleges are the pride of the citizens in every section of our common country. In this State there is found em- bodied in the constitution one important item. It is that twenty-five per cent of the revenue of the State, exclusive of the interest and sinking fund, is set aside for school purposes. This law was passed under the administra- tion of Sterling Price, and continued until 1861. During the war and until 1869 that fund had not been paid, but a change from war rule to that of B. Gratz Brown, and forward from that date, the revenue again was paid into the school fund, and about $1,500,000 added for those lost years. The new State constitution of 1875 has a clause that will forever make that twenty- five per cent payable to the school fund annually. The county funds are steadily growing, and as the State is rapidly increasing in wealth, it will not be long before the school fund-State, county, and township-with the money arising from fines and penalties-will be sufficient for the full con- duct of our schools. The tax levy need only be enough to build and im- prove the school property of each county as such may become necessary.
THE FIRST MOVE.
The first move in the school history of Linn county was made by the sale of the sixteenth section of township fifty-eight, range eighteen, and of township fifty-eight, range twenty. These were sold December, 1839. It was then decided to organize the latter township for school purposes, and this was done February 22, 1840. The meeting was at the house of John Holland, and he was appointed school commissioner. The entire sixteenth section of fifty-eight, range twenty, was sold, and it realized $2,269.40, a frac- tion under an average of $3.55 per acre. Robert Reed paid the highest price, $5.05 per acre; John Singleton paid $4.51; Alfred Potts $4.26 and $4.01. One lot sold at $4.25, another $3.80, and two at the rate of $1.25. Only half of fifty-eight, range eighteen, was sold, and $500 was realized for the 310 acres. The next sale was not until December, of 1840, when three- fourths of section sixteen, of township fifty-nine, range twenty, was sold for $846.40.
273
HISTORY OF LINN COUNTY.
The sales of the different school sections continued, but only part of them was sold at a time. The section of fifty-eight, range twenty, reported above, was the only one that sold complete.
Section sixteen, township fifty-seven, range twenty, five lots sold for $500.
Section sixteen, township sixty, range twenty-one, six lots sold for $600.
Section sixteen, township fifty-seven, range twenty-one, three lots sold for $808.
The northeast quarter of this last section was sold to Daniel Grant, the first eighty acres at $2.85, and the second eighty acres at $6. Abel Malloy bought the third lot at $1.25, government price. Only one lot, eighty acres, of the remainder of township fifty-eight, range eighteen, sold, and that brought $100. This was in October, 1843. From this time on there were numerous sales, sometimes the lots being sold in forty acre patches. Very little of the remaining sixteenth sections brought more than government price, except here and there where the property was more valuable to a person who owned an adjoining tract. The property was sold principally on one and two years' time, and personal security was given in addition to the land purchased, and ten per cent interest exacted.
The school fund was reported by the county treasurer, November 4, 1841, at $1,054. The second school organization was September 11, 1841, and Willard Buck was appointed commissioner.
In 1842, the treasurer again made a report as follows:
Township school fund on hand, -5820 $63.56
Township school fund on hand, -5920.
377.62
Township school fund on hand, -5721 606.92
Total
$1,048.10
Of this sum, the treasurer reported $97.58 as Illinois money, and the court made an order allowing a discount of twenty-five per cent, but the money was disposed of at a discount of $20.59, and the treasurer took credit for that amount.
June 24, 1843, township fifty-eight, of range twenty, was organized as district number one, and Josph C. Moore was appointed commissioner.
Township 59-20 was organized September 16, 1843, as district number two.
Township 57-20 was organized June, 1844, as district number three.
Township 58-18 was organized July 19, 1845, as district number four.
The total township school fund January 1, 1843, was $2,712.41, and on that date interest was due of $125.26.
274
HISTORY OF LINN COUNTY.
TOWNSHIP LANDS.
There was sold of school lands in 1845 six lots for eight hundred dollars. The report of the township school fund for 1846 gave five only. Township 58-20 not reported, though the interest on the school fund of that township amounted for the year 1844 to $285.41. Those reported were as follows:
Township 59, range 20
. $1,225.95
66 57,
21
1,109.16 1 66 58,
18 904.87
16 58, 66 19 549.30
66
57,
66
20
917.02
The report for May, 1848, gave eight townships all returned but one. The funds stood to the credit of seven as given below:
District No. 1, township 58, range 20
$2,433.04
66
66 66 4,
4
66
66
66
" 13, 3, " 16,
66 57, 59,
1,332.79 66
66
6 66
66 58, 18 no report. 6, 2, 9,
20 1,326.60
58, 66 19 661.47 66 21 18 363.88 66 60, 59, 57 66 20 843.99 21 220.00
There was a further numbering of districts in the county and township 57-19 was made district number five; 59-21 number six; 57-22 number seven; 60-19 number eight; 59-18 number nine; 58-18 number ten; 57-19 number eleven.
On March fifth, 1847, on the organization of district number three for school purposes, N. J. Dryden was appointed school commissioner. The first school census taken in Linn county was ordered May 12, 1847, and it was continued yearly thereafter until 1861, when it ceased during a portion of war times.
STATE MONEY.
The first State school money received was in January, 1847 and in May following, and the total amount received was $51.43. Taking the present amount of school money received by the county, which has averaged over $5,000 per year the past five years, and some idea may be had of the increase in the State school fund, and the increase, also, in the population of Linn county.
The State school fund of 1878 amounted to $471.60; of this there was ap- propriated to the three districts which made reports $97.20 and the remain- der, $374.40, was added to the permanent school fund of the county.
275
HISTORY OF LINN COUNTY.
School number twelve, in township fifty-nine, range twenty-two, was or- ganized for school purposes August, 1849, and Alexander Wilson made commissioner. The rest of the districts were soon after organized for school purposes and numbered up to sixteen, making that many school districts in
· the county. Three were organized in 1850, four in 1852 and one in 1853.
The State school fund for 1850 was
$ 207.60
66
66 1851 66 491.20
66
1852 66
492.03
.
66
1860 2,172.60
and was distributed as follows, May 24:
Township 57, range 18
. $106.08
66
58,
18
121.04
66
59, 66 18 104.72
. 60,
18 65.96
19 85.00
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