Biographical and historical memoirs of Adams, Clay, Hall and Hamilton counties, Nebraska, comprising a condensed history of the state, a number of biographies of distinguished citizens of the same, a brief descriptive history of each of the counties mentioned, and numerous biographical sketches of the citizens of such counties, Part 20

Author: Goodspeed Brothers
Publication date: 1890
Publisher: Chicago, The Goodspeed publishing co.
Number of Pages: 820

USA > Nebraska > Adams County > Biographical and historical memoirs of Adams, Clay, Hall and Hamilton counties, Nebraska, comprising a condensed history of the state, a number of biographies of distinguished citizens of the same, a brief descriptive history of each of the counties mentioned, and numerous biographical sketches of the citizens of such counties > Part 20
USA > Nebraska > Clay County > Biographical and historical memoirs of Adams, Clay, Hall and Hamilton counties, Nebraska, comprising a condensed history of the state, a number of biographies of distinguished citizens of the same, a brief descriptive history of each of the counties mentioned, and numerous biographical sketches of the citizens of such counties > Part 20
USA > Nebraska > Hall County > Biographical and historical memoirs of Adams, Clay, Hall and Hamilton counties, Nebraska, comprising a condensed history of the state, a number of biographies of distinguished citizens of the same, a brief descriptive history of each of the counties mentioned, and numerous biographical sketches of the citizens of such counties > Part 20
USA > Nebraska > Hamilton County > Biographical and historical memoirs of Adams, Clay, Hall and Hamilton counties, Nebraska, comprising a condensed history of the state, a number of biographies of distinguished citizens of the same, a brief descriptive history of each of the counties mentioned, and numerous biographical sketches of the citizens of such counties > Part 20

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The valuation in 1876 was $1,048,913.60, on which 7 7-20 mills were levied for State tax, and 18 mills for county tax, with a $2 poll tax and $1 and $2 dog tax. A 70-mill and 110-mill school tax marked school affairs in a few districts.

In March, 1877, "the troublesome question " came again before the board, when a petition signed by 635 citizens was considered, and an election or- dered to be held April 9, 1877. On that date 844 votes were cast in favor of location at Hastings, and 535 for Juniata; and on April 30 Commissioners A. D. Yocum, Moore and Ratcliff declared Hastings the future seat of justice. In October a petition asking for township organization was presented, and a

ADAMS COUNTY.

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vote on the question ordered to be taken in Novem- ber. In March, 1878, the petition for the ineor- poration of Juniata was returned, as it bore the names of many non-residents. The issue of bonds to the Republican Valley Railroad Company was considered at this time, as related in the history of railroads and in the political chapter. In May, 1879, the commissioners met at Hastings. Dr. William H. Lynn, who acted as the first medical employe of the county in 1872, offered his services as county physician for $390 per annum. This offer was accepted by the commissioners. In July John M. Ragan was appointed county attorney at a salary of $400. The tax levy authorized on the assessed valuation of $1, 734,848 was 6 mills for State, and 20 5-8 mills for county purposes. A poll tax does not seem to have been levied this year; but the $1 and $2 dogs did not escape justice. The special district and precinet taxes were light compared with 1878, and the school taxes insignificant except in distriets 35, 33 and 29, the rate being 50 mills in the first, and 30 mills in the two last numbered dis- triets. The general statement of W. B. Thorne of disbursements from January 1, 1874, to May 1, 1879, was presented in July. This showed $173,- 943.16 disbursed; $30,178 balance, and $67,930.36 due by delinquents. The total receipts amounted to $203,583.62, and $537.86 balance in treasury January 1, 1874.

The detailed statement points out liabilities in excess of assets amounting to $41,183.68, and about $13,000 doubtful tax, or total liabilities in excess of assets $54,183.68 .*

In September, 1879, township or precinet boun- daries were subjected to change in two instances. Little Blue was established within the lines of Town- ships 5 and 6, in Range 9. Pawnee was changed to Ayr, and established within the lines of Townships 5 and 6, in Range 10.

The funding debt proposition was made on Sep- tember 27, 1879, when the people were asked to vote

for the issue of $70,000 bonds, payable in ten annual installments of $7,000 each, the last due on January 1, 1900, and the first on January 1, 1891.

The petition of H. A. Moreland, Joseph A. Rob- ertson and sixty-two others, for the incorporation of Juniata town, was presented June 15, 1880, and granted. Ira G. Dillon, S. L. Brass, H. E. Wells, E. M. Allen and L. F. Picard were named as trus- tees.

In January, 1880, Timothy May was chosen sul- perintendent of the Adams County Infirmary. In June Dr. Lynn was re-appointed physician; John M. Ragan, attorney, while the county printing was awarded to the Gazette, Journal, Herald and Ne- braskan, three months being the term for each in the order given. In December the examination of Treasurer Thorne's account was carried on; but at the close a petition against the reception of his state- ment or warrants until the law would be fully com- plied with. Saxon & Moulton represented William" Kerr, A. L. Clarke & Co. and C. N. Paine & Co., who signed petition No. 1; while petition No. 2 was signed by twenty-two citizens.

On January 5, 1881, Treasurer Thorne's state- ment of receipts and disbursements from May 1, 1879, to October 1, 1880, was presented by Peter Fowlie, then and for some time previous deputy treasurer. He showed $30, 123.37 on hands May 1, 1879, and $106,313.08 colleeted within the time given, or a total of $136,436.45. The amount re- ported paid out was $100,530.55, and balance on hand $35,905, with $69,096.87 delinquent. The commissioners appeared to agree with this state- ment, but postponed final settlement until some vouchers in controversy were received or rejected. On January 25 the board assembled as a court of trial and investigation. B. F. Smith, O. B. Hew- ett, A. T. Ash and John M. Abbott, of counsel for the treasurer; Messrs. Saxon, Moulton, R. Il. Mills and R. A. Batty, of counsel for S. Alexander; A. L. Clarke and others, petitioners with John M. Ragan, for the county, were present. The treas- urer's counsel urged final settlement and the post- ponement of the inquiry into the charges of January 25; but the ·motion was overruled, as were several other motions, between January 25, when the trial

* The question of the issue of 7 per cent bonds for $70,000 for funding the county indebtedness, and that relating to the sale of Lot 648 at Juniata, were submitted to a vote in November. 1879. At this time county warrants were selling from sev- enty-five to eighty-five cents, so that the funding of the debt became imperative. The funding proposition was de- feated.

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HISTORY OF NEBRASKA.

commenced, and February 1, when counsel for the treasurer denied the authority of the commissioners to obtain a new or additional bond for $25,000 from the treasurer in addition to the $15, 000 bond already given. On March 10, however, this bond was ap- proved; on March 12 he resigned, and Emanuel Steinau was appointed treasurer, and on the 16th the ex-treasurer was ordered to turn over all prop- erty, moneys and amount of deficiency to the com- missioners.

In December, 1881, the clerk was instructed to receive from the trustees of the assets of Ex-Treasurer Thorne, the full amount of county certificates and warrants drawn thereon, and credit same to the deficiency account of the several funds. On March 28, 1881, the county clerk was ordered to advertise for rooms for county offices, and secure a lease for same. Propositions from C. N. Paine & Co., to erect a brick building or provide a suitable building;

* from Farrell & Mowery to erect a stone building 100x44 feet, and one from George W. Mowery to erect a similar building on Lots 7 and 8, Block 24, were received. Then follows the protest by A. B. Ideson; but it did not prevail, and Mowery's bid was accepted, which provided for a lease of five years at a consideration of $1,000 per annum.

The Thorne assets as applied in 1881 show $87.42 to Denver precinct bond fund; $779.83 to State general fund; $98.35 to State sinking fund; $188.18 to State school fund; $72.91 to State Uni- versity fund; $3.34 to penitentiary fund; $21.84 to State asylum fund; $141.45 to county judgment fund; $2,108.41 to district school fund; $2,165.09 to school bond fund; $726.66 to school judgment fund; $1.51 to poll and labor tax; $40.39 to Juniata mill bond fund; $5.80 to Hastings City; $4.40 to Juniata village; and $130.27 to miscellaneous fund. The receipts from Ex-Treasurer Thorne's assets up to January 11, 1882, amounted to $8,141.59, of which $8,082.05 were distributed as above. On October 13, 1882, the commissioners agreed with C. R. Jones and A. L. Clarke, trustees of the Thorne assets, to pay the latter 5 per cent on the moneys collected and paid to the county by said trustees including the audited claims.

In January, 1882, William S. Crow qualified as

treasurer. On June 2 the question of issuing bonds for $65,000, to fund the indebtedness of the county, was received, and an election ordered to be held July 8.

The collections and balances for 1883 up to July 9, amounted to $89,649.91, the balance on January 1 being $18,710.69.

In November, 1883, the vote on the question of township organization was taken, and a number of vouchers received in reduction of Thorne's defi- ciency. The last meeting of the last board of county commissioners was held November 20, 1883, their final act being the granting of a contract for building the approaches to Silver Lake bridge, to W. D. Young. H. C. Armstrong was president at this time, with G. H. Edgerton and A. V. Cole associate commissioners, and R. B. Tussey, clerk. They adjourned sine die, the clerk closing the record book before the ink, used in writing his signature, was dry.

The new era of government by township super- visors was introduced November 21, 1883, with H. C. Minnix, M. A. Hargleroad, W. G. Parmenter, J. H. Spicer, S. M. Frink, George Crane, W. R. McCully, Henry Stammer and E. G. Dyer present. Owing to the county judge not being present to approve bonds, the meeting was adjourned. Super- visor Dyer refused to serve and H. P. Rowe was appointed by the clerk to represent Ayr. W. R. McCully was chosen first president of the board. On the 26th George Crane was present, with the officers named, the other supervisors, named in elec- tions of 1883, being absent.

The petition of Moses Van Buskirk and others, residents of Kenesaw village, for incorporation, was rejected for the reason that a majority of the resident tax-payers of the village did not sign the document. On December 13 John M. Ragan resigned the office of county attorney, and O. B. Hewett was appointed to fill the office until January. A petition signed by R. D. Bab- cock and 115 others asked that L. J. Capps be ap- pointed attorney for the county; but the petition was ordered to be placed on file. On January 9, 1884, the salary of superintendent of schools was placed at $800. On this date the establishment of

12:

ADAMS COUNTY.

townships was considered. West Blue was estab- lished within the territory of Township 8 in Ranges 9 and 10; Denver, Township 7 in Ranges 9 and 10, except the city of llastings; Little Blue, Townships 5 and 6 in Range 9; Ayr, Townships 5 and 6 in Range 10; Silver Lake, Township 5 in Ranges 11 and 12; Cottonwood, Township 6 in Ranges 11 and 12; Juniata, Townships 7 and 8 in Range 11, and Kenesaw, Townships 7 and 8 in Rauge 12.

The name of James Reed appears on the roll of supervisors in June, 1884, Supervisor Crane, of Denver, having previously resigned. The claim of $1,000 against Juniata precinct by Batty & Ragan, who represented the precinct in the law affairs grow- ing out of the issue of $6,000 mill bonds in 1872, was mentioned at this session. Their petition prayed for the levy of a tax on the residents within the old precinct of 1872, sufficient to meet this indebtedness.

In January, 1885, J. H. Spicer, of Juniata; George Crafford, of Zero, and E. L. Dutton, of Kenesaw, were appointed to fill vacancies on the board. H. C. Minnix was chosen president pro tem, and on the 13th J. H. Spicer was elected per- manent president. W. R. McCully was admitted to a seat as supervisor of Hastings, L. J. Capps was appointed county attorney, and the salaries of clerk, deputy and assistant deputy were fixed, so as not to exceed the fees collected during the year 1885. Amos Shattuck was elected permanent presi- dent for 1886. The transactions of the last few years are of the character of former years, but of much larger proportions. The members of the board of supervisors are named in the political chapter, and all propositions submitted to the peo- ple by them, and the vote on such propositions given in that chapter. The issue of court-house bonds was the most important transaction. The bonds sold for $77,500. Treasurer Paul received two-thirds of that sum, $51,666.50, and a certified check for the balance, $25,833.50, December 24, 1889. It has been a good transaction all round, and the county officers taking part in it are entitled to commendation for their prudence, caution and successful management of the affair. In January, 1890, warrants were paid by Treasurer Paul on presentation, this being the first time in the county's

history that such an agreeable state of financial affairs has existed. .

From that day in 1872 when Messrs. Farrell & Co. dedicated a spot of the prairie to the uses of civ- ilization under the name of Hastings, the villagers looked longingly westward, coveting the honors of the seat of justice and inwardly determining to have those honors. In May, 1873, when the first journal was established here, their modest thoughts found expression. On June 3, 1873, a meeting was held at Hastings, to take steps for the removal of the county seat. M. K. Lewis presided, with J. M. Abbott, secretary. On motion of Samuel Alexan- der a committee of ten was appointed to canvass each preeinet in the county in the interest of Hast- ings. For Denver, Thomas E. Farrell and R. V. Strockey were selected; for Little Blue, G. W. Don- ahey and A. Berg; for Silver Lake, C. K. Lawson and C. Kohl; for Kenesaw, A. D. Yocum and C. Il. Paul, and for Juniata, B. H. Brown and S. S. Dow. The canvassers named were very active, so that all the measures, referred to in the former pages, were hurried forward. The opposition was not inactive. As hitherto told, a court-house was planned and the contract actually sold by the commissioners before the people stepped in to stop progress in the matter. In 1874-75, affidavit after affidavit flowed into the archives of the Legislature, pointing out an alleged irregularity in the organization of the county; also the fact that many of the election officials and a few of those elected were not citizens; that thirty legal voters were disfranchised because they would not vote for Juniata, and further, that the only notices of election, posted in the sonthern townships, was one at Spring Ranche, in Clay County. The election on this question was carried to the supreme court, where an order was issued compelling the board of canvassers to count the returns from Cottonwood, it being held that the judges and clerks of that pre- einct had duly qualified before the commissioners' board. Prior to the election the Hastings people gave material evidence of their good intentions in the matter.

In March, 1875, the celebrated bond for $10,000 was acknowledged before J. II. Darnell, a notary, by Thomas E. Farrell, J. L. Parrott, Charles II.

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HISTORY OF NEBRASKA.

Paul, R. A. Batty and M. K. Lewis, principals, and S. Alexander, J. G. B. Smith, Sam. Chaney, H. A. Forcht, J. M. Smith, A. J. Millett, G. W. Mowery, R. W. Oliver, C. C. Ingalls, J. T. Ross, George H. Pratt, O. Whitson, W. S. Deisher, J. H. Vande- mark, J. Kolb, H. Hibeler, W. H. Stock, Charles Kohl, D. S. Cole, O. Oliver, R. Moreledge, F. J. Benedict and B. F. Brower, sureties. This bond was given to Adams County to insure the completion of a court-house before November 1, 1875, and the donation of such house and one city block to the county, in the event of the people voting to remove the seat of justice from Juniata to Hastings. Plans and specifications of the building were also made part of this agreement. The vote was taken in May, but Juniata having more than two-fifths of the total vote cast held the seat of justice.

In March, 1877, the county seat war was opened in the newspapers, the Journal giving valid reasons for removal, and the Juniata papers valid reasons against removal. Even the local poets loaned their genius for the occasion. One poem by Anonymous contains sixty-eight lines, reviewing the former con- test and prophesying the result of the coming one in favor of Hastings. The last six lines of this poem are as follows:

Then like a monster from the deep, She will come forth more fierce and bold, To fight the battle o'er again- And still continue on to fight Until her enemies are slain

And victory shall crown the right.

On March 21, 1877, a bond was entered into by R. A. Batty, S. Alexander and C. K. Lawson, as principals, and C. H. Paul, R. R. Moreledge, James McWade, F. Forcht, J. W. Davis, Charles Cameron, 0. Oliver, Mowery & Farrell, J. T. Ross, T. J. Benedict, A. W. Wheeler, Charles Kohl, Zehrung & Coy, M. K. Lewis and J. S. McIntyre as sureties for performance. This document provided for the erection of a court-house to cost $8,000, and the conveyance of building and lots to the county in case the seat of justice should be located at Hast- ings. Plans and specifications were also made a part of this bond as in the former instance. The war of words preceding the election on this question was only equaled by the virulence of the language

used by the press of the county on each side, and in the midst of this turmoil the religious controversy between Rev. John Rutherford and Rev. W. E. Copeland, on the inspiration of the Scriptures, was introduced. Without regard to this substantial offer, the war was carried on, as shown in the election re- turns, and Hastings, after several legal quibbles were resorted to, was declared to have won the bat- tle. The house in which the first term of the dis- trict court was held still stands at Juniata, a small frame building, now untenanted, the property of Dr. Ackley. The building is a one-story frame structure, and would hold not more than fifty people. The citizens of Juniata will hold it as a relic, and as a reminder of the great county seat fight between that place and Hastings.

The history of the removal of the offices to Hastings is given in detail in former pages. In November, 1888, the proposition to issue bonds, proceeds of which should be devoted to the erection of a court-house and jail, was carried by a vote of 1,416 for, and 1,044 contra. The bonds were issued, but owing to delays in registration, and a controversy over the act providing for the invest- ment of the State school fund in bonds of this character, over a year elapsed from the date of elec- tion until Adams County received the first install- ment of moneys from this source. On December 24, 1889, a draft from W. J. Hayes & Sons, of Cleveland, O., for $51,666.50, and certified check for $25,833.50 were received by County Treasurer Panl. It is a singular fact that while other counties were trying the legality of their bonds and the con- stitutionality of the law nnder which they were issued, Adams County went right along with the work of building the court-house. Up to December 24, 1889, the county had neither received nor paid out a dollar of the bond money. In the summer the contract for building was sold to J. R. Sims, of Hastings, for $66,000, he being the lowest bidder. The cornerstone was placed September 4, 1889, and before the first rain storm of that fall (December 28) the walls were complete, the roof ready for the slaters, and the construction of the clock tower well advanced. This building is described in the history of Hastings.

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ADAMS COUNTY.

The first term of the district court held in Adams County was that opened May 6, 1873, within the school-building at Juniata. Judge Daniel Gantt presided, with Russell S. Langley, sheriff, and R. D. Babcock, clerk. The first grand jury comprised Ira G. Dillon, Harmon H. Ballon, W. H. Burr, R. D. Carrier, George Dade, John Huston, Clark S. Morrison, Edward Moore, C. B. Nelson, James Norrish, John Plank, Abram Parks and C. W. Wilson. The first suit presented was that of Adna H. Bowen vs. The Challenge Mill Company. The replevin suit by William Skinner resulted in the amendment of petition. The question of the admis- sion of James Laird to the bar of this State was considered. Benjamin F. Smith, on presenting his credentials as a member of the Steuben County, Ind., bar, and Titus Babcock, as a member of the Monroe County, Mich., bar, were also admitted to practice in the several district courts of Nebraska. A com- mittee, comprising C. J. Dilworth, John D. Hays and James Laird, was appointed to examine appli- cants for admission to the bar. On the certificate of this committee Harrison H. Blodgett, Guevera M. Blodgett and John M. Abbott were admitted. Dr. Charles A. Morgan and James Laird were ap- pointed commissioners of insanity for Adams County. The petition for divorce by John B. Silvis from Miranda Silvis was granted without delay; the appeal of A. H. Bowen from the decision of the com- missioners' court, and the indictment for false imprisonment against A. H. Bowen and James Laird were quashed, for the reason that it was not endorsed by the prosecutor.

The second term of court was opened May 25, 1874. Indictments for keeping tippling houses on the Sabbath were returned; the petition of Levi Carkins for divorce from Christina Carkins was granted, and a number of civil cases presented. On May 26, R. A. Batty and John M. Ragan were examined by a committee of lawyers comprising C. J. Dilworth, H. S. Kaley and L. S. Estele, and admitted to the bar on the certificate of this com- mittee. The first judgment against the county was rendered at this time to J. R. Laine. L. P. Hawley was foreman of the trial jury in this case. The first indictment for assault and battery was returned

against Peter Halverson, and for selling liquor with- out license against Nathan Platt.

The third term of court was opened May 24, 1875. Four indictments for permitting games to be played in saloons were returned; A. II. Bowen, James Laird, George Donahey, Titus Babcock and Engene A. Haselton were indicted for false imprison- ment. Three petitions for divorce were entered. The injunction proceedings in re. Alex. D. Buck- worth vs. commissioners, elerk and D. II. Free- man, contractor, in re. erection of court-house at Juniata, resulted in the granting of a perpetual in- junction against further proceedings in the erection of county buildings as proposed. Mortgage fore- closures were authorized in several cases, and the divorce mill was reopened.

The application of J. James, of the bar of Potter County, Pa. (admitted in 1873), for admis- sion to the bar was granted; that of Augustus T. Ash, of Linn County, Iowa, and also that of G. D. Pierce, of Michigan, were granted.

The fourth term of court was opened April 3, 1876. The first indictment for horse-stealing was returned against J. J. Williams and Milo Keech, and petitions for a divorce and embezzlement were entered. The petition for injunction against Treas- urer Thorne and the trustees of Denver precinct railroad bonds was entered by C. H. Paul, and granted by the court, with a further order that such bonds be "cancelled and held for naught." Ah- bott & Ragan were the attorneys in this proceeding. A few petitions for divorce were presented. John Miller was found guilty of assault with intent to kill, by a jury of whom E. M. Beach was foreman, and sentenced to a two years' term in the peniten- tiary. The special term of May, 1876, considered the indictment for murder against John Williams of Harvey County, Neb. The prisoner was represented by Bowen & Laird and the State by C. J. Dilworth. The jury returned a verdict of "not guilty." In June George W. Stocker was admitted on certificate of the examiners-A. II. Bowen, A. T. Ash and M. V. Mondy. A few divorce cases were presented at this time. During the special November term similar eases were presented and William Wallace, Sr., and his son granted final papers in the matter

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HISTORY OF NEBRASKA.

of their citizenship. In December the first indict- ment for perjury was entered against J. E. Suttie, nor did the last month of Centennial year pass away without a petition for divorce.

On February 12, 1877, the indictment for mur- der was returned against Jordan P. Smith, Fred G. Copeland and Bernardine Roach, on change of venue from Kearney County. Smith was represented by Gray & Laird and the State by C. J. Dilworth, Mondy, Abbott and Smith. On February 22 a jury, of which E. M. Allen was foreman, found Smith guilty of manslaughter and he was sentenced to a ten years' term in the penitentiary. In July, 1877, R. W. Beeson, of Montgomery County, Iowa, was ad- mitted a member of the bar, and in February, 1878, Benjamin H. Hayden and James F. Nelson were ex- amined by A. H. Bowen, R. A. Batty and T. D. Scofield and admitted on their certificate of examin- ers. There were only a few cases of criminal char- acter before the court from the close of the February term of 1877 to the close of 1878. Civil cases growing out of debts due Cyrus H. McCormick, Deere & Co. and others, were numerous and may be said to have occupied the sole attention of the court. George Banks, of Winnebago, Wis., Web- ster M. Pond, of Dane County, Wis., Joseph A. Vanatta, of Iowa, were admitted members of this bar. Lucius Junia Capps, admitted in Illinois in 1875, became a member of the Nebraska bar on December 6, and also L. A. Royce, of Poweshiek County, Iowa. The suits of C. H. McCormick against several citizens occupied the attention of this term almost exclusively. Judge Gaslin signed the record January 1, 1879. Thomas D. Scofield qualified as district attorney. On February 15, the indictment for murder against John Brown, alias William John McElroy, was returned and John M. Ragan assigned for his defense. Attorneys Scofield and Brown prosecuted. A jury of which R. H. Vanatta was foreman found McElroy guilty of mur- der in the first degree as charged in first count, and not guilty under the second count. Judge Gaslin sentenced him to be hanged May 29, 1879.

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Author: Goodspeed Brothers Publication date: 1890 Publisher: Chicago, The Goodspeed publishing co. Number of Pages: 820

Author: Goodspeed Brothers
Publication date: 1890
Publisher: Chicago, The Goodspeed publishing co.
Number of Pages: 820