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 59
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 59
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 59
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 59
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Mrs. Bainter (Elizabeth Shultz) died suddenly from heart disease, March 7, 1885. She was the companion of James Bainter while in the army, and was present with him in many of the affairs here at home, told by him in his reminiscences.
The Old Settlers' Association was founded Octo- ber 8, 1880, at Sloat's Hall, in Harvard. The object of this association was to place on record the hap- penings of all the years since the beginnings of set- tlement. L. N. Clark, of Sutton, was elected presi- dent; George Noble, of Fairfield, and C. J. Martin, of Clay Centre, vice-presidents; M. J. Hull, of Ed-
gar, historian; A. E. Goodall, of Lynn, secretary; D. N. Nettleton, of Spring Ranche, treasurer, and T. R. Elder, officer of the day. The executive com- mittee comprised J. B. Dinsmore, of Sutton; J. J. Walley, of Edgar; L. Brewer, of Fairfield; Samuel Sloat, of Harvard; and L. N. Bryant, of Spring Ranche.
Clay County* was established by act approved February 16, 1867, within the following described boundaries: From northeast corner of Township 8, Range 5 west, due west to northwest corner of Township 8, Range 8, thence south to southwest corner of Township 5, Range 8, thence east to southeast corner of Township 5, Range 5, and north to place of beginning.
Clay County was organized under proclamation of Acting-Governor James (dated September 11, 1871), who ordered an election to be held at the dwelling of Alexander Campbell, Section 6, Town- ship 7, Range 6, on October 14, that year. J. R. Maltby, Alexander Campbell and H. Manchester were named judges, with S. T. Davis and Chris Calkins clerks of this election. A. K. Marsh, P. O. Norman and A. A. Corey were the commission- ers elected; F. M. Brown, the county clerk; J. Hol- lingsworth, the treasurer, on whose failure to qual- ify R. G. Brown was appointed; R. S. Fitzgerald, surveyor; James Schemmerhorn, superintendent of schools, and P. T. Kearney, sheriff. The vote for the candidates for the offices named, and other county officers, is given in the political chapter. The vote on location of county seat shows 56 in favor of the town of Sutton, Section 2, Township 7. Range 5; 24 in favor of the geographical center; 8 in favor of Section 34, Township 8, Range 7. and 1 in favor of Section 8, Township 5, Range 8.
On November 4 the county was set off into three election districts. Harvard embraced Townships 7 and 8, Range 7, Townships 7 and 8, Range 8, and the west one-half of Township 7, Range 6; Little Blue embraced Townships 5 and 6, Range 8, Town- ships 5 and 6, Range 7, and the west one-half of Townships 5 and 6, Range 6; while School Creek
* The name Clay was conferred on a division of old Pierce County as early as 1855, transferred to what is now the south part of Lancaster and north part of Gage, and ultimately given to the territory described above.
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CLAY COUNTY.
embraced Townships 5, 6, 7 and 8, Range 5, and the east one-half of Townships 5, 6, 7 and S, Range 6.
Louis N. Bryant and A. S. Willis were appointed jnstiees for Little Blue, James Bainter, John Royce and G. W. Noble, constables, and John W. Langford assessor. Samuel C. Sloat and Ira F. Pearsall were appointed justices of Harvard, Frank Cheney and Bradford Stone constables, and Charles E. Canfield assessor. A. K. Marsh was appointed justice of School Creek, W. Cumming constable, and J. C. Merrill assessor.
The license for the sale of spirituous liquors was fixed at $25 per half year or $40 per year. The county was divided into six road districts. The salary of the clerk was placed at $300 per year; of school superintendent, $4 per day for actual service.
In February, 1872, A. K. Marsh was appointed to proceed to Fillmore County and settle with the commissioners thereof, and W. W. Sellick was ap- pointed to ascertain the amount of moneys due Clay County by Saline County, and R. G. Brown was employed as attorney in the suit against Saline County.
On March 2, 1872, R. G. Brown's house, at Sut- ton, was designated as the place of meeting, and there also were fixed the offices of county elerk and treasurer, the commissioners agreeing to pay $10 per month rent from December 15, 1871. The owner was to furnish fuel in consideration of being allowed to use his office for his general business.
On March 12, 1872, M. L. Latham, Louis Thayer and John Kennedy were appointed appraisers of school lands in Clay County. In April, L. N. Bry- ant took Thayer's place. R. S. Fitzgerald was ap- pointed commissioner to locate all roads " hereafter petitioned for." At this time $5 was paid for hand-cuffs for sheriff's use; Martin Clark was allowed $1.75 for medicines supplied poor persons, and $16 was appropriated to build a bridge in School Creek at county line; while $25 was appropriated to build a bridge at Sutton (after rescinded) and $631.55 was paid Aeres & Blackman for books, etc. , for county. An election on the question of issuing bonds for $75,000 to the St. Joe & Denver Railroad Company was ordered; the liquor license was increased to $100
per annum, and the following tax levy authorized: State school, 2 mills; State general, 2} mills; State sinking, 1 mill; university, { mill; county general, 6 mills; sinking fund, 1 mill; land road tax, $4 per 160 acres; court house, 1 mill, and bridge tax 2, mills. R. S. Fitzgerald was paid in July, 1872, for surveying poor farm, and A. A. Corey and F. M. Brown for locating said farm, while the clerk was ordered to procure pre-emption filing on the lands selected for farm. In October, 1872, an inquest on the body of Maximilian Reed cost the county $7.10, while the case of the State v. D. A. Smith cost about $50.
In October, 1872, Thurlow Weed was appointed probate judge in the absence of Maltbry. A con- tract for an iron bridge at Spring Ranche was sold to the King Company, of Iola, Kan., at $27 per foot, and a safe was ordered at a cost of $500. In Novem- ber, 1871, M. L. Latham took Mr. Corey's place as commissioner. Latham's resolution to build a frame court house at Sutton was carried November 16, 1872. On December 2, 1872, Big Sandy precinct was established embracing Township 5, and in Range 6, and the county divided into sixteen road districts. Louis Thayer was appointed surveyor vice R. S. Fitzgerald, deceased. On December 3, the contract for building the court house on Lots 3 and 4, Block 24, Sutton, was sold to F. M. Brown for $1,865. On February 3, 1873, this building was accepted. M. J. Hull was appointed surveyor rice Thayer, resigned, and on April 21, the commissioners ordered that all property injured during the storm be stricken from the assessment roll-A. T. Patrick, two cows, one mule and one colt; Jonathan Sander- son, three cattle; James Taylor, three horses; J. W. Wolf, one grain drill; G. M. Howard, one horse; J. V. Swearingin, one cow; T. T. White, two horses; David Jayne, one cow; W. F. Carroll, four cattle; F. O. Peterson, one cow; Joel Longstreet, one cow; HI. J. Higgins, three cattle; Robert Balliett, horses, and W. B. Jenkins, property. J. F. Fleming was appointed county surveyor April 24, 1873. In May 1883, W. E. Bemis, Arthur Burlingame, Richard Smith, F. M. Davis and D. H. Leegate of School Creek; C. W. Inglesby, E. J. Stone, of Harvard; James A. Taylor, John W. Jones, Richard Thomas,
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HISTORY OF NEBRASKA.
W. A. Trobaugh, John A. Webber, A. H. Elder, and Benjamin Graham, of Little Blue, reported horses, mules or cattle destroyed in the storm, and their assessment was reduced accordingly.
In May, 1873, J. B. Dinsmore, vice P. O. Nor- man, took his seat as member of the board. On May 6, the first printing contraet was entered into by the county with the Harvard Champion, and the law suits by the Burlington & Missouri River Rail- road Company considered. A. J. Vanderslice was county physician in July of that year; Harvard was incorporated and the following tax levy ordered: State general, 2 mills; State sinking, { mill; State school, 2 mills; State University, } mill; peniten- tiary, { mill; county general, 6 mills; county sink- ing, 2 mills: bridge, 4 mills; land road, $4 per section, and poll tax, $2. Special elections were ordered in Little Blue and Big Sandy precincts, to vote upon the propositions of Alfred Mills and Wes- ton R. Peck; M. L. Latham resigned the office of commissioner, and Ezra Brown was appointed to fill the vacancy. On August 30, J. E. Philpot, of Lin- coln, presented the petition of Reuben Peachey and others, asking that a day be named for voting on the question of re-locating the county seat. On motion of A. K. Marsh this petition " was tabled, rejected and stricken from the files." In September E. E. Brown was engaged to defend the county against the Burlington & Missouri River and Union Pacific Railroad companies, the consideration being $375 and 20 per cent of taxes collected. In case the taxes were collected from the railroad companies the retainer fee was to be deducted from the total of commission, 20 per cent. In October the Sutton Times was declared the official journal of Clay County. The newly elected commissioners, R. Bayly, Ezra Brown and A. K. Marsh qualified No- vember 8. The case of George F. Warren and D. W. Hollister vs. Stephen and William Brown, grow- ing out of affairs in school district No. 37, occupied much of the board's attention in February, 1874.
At this time the commissioners of Lancaster County were notified to return all poor people, resi- dents of Clay County, to Clay County, or, in de- fault, bear the expense of keeping them. The final settlement with Treasurer Tracy was made, and
Treasurer F. M. Davis, installed. On petition of L. S. Winters, of the Nebraska Land and Town Company, 50 per cent reduction in the assessment of the town site of Edgar was ordered, and a 25 per cent reduction made on the assessment of Sutton, except lots fronting on Sanders and Malthy Ave- nnes. In July, 1874, the tax levy for State pur- poses was 7 mills, and for county general, sinking and bridge funds, 12 mills, with a land road tax of $4 per section, a poll tax of $2, and a dog tax of $1 and $2. A special 4 mill tax was levied in Lit- tle Blue, to meet interest on mill bonds; a lot of railroad ties (lying near Glenville) numbering 30,000, were assessed $5,750, and the St. Joseph & Denver Railroad Company was notified that their 110 sections of land in this county would be placed on the assessment books and taxes levied thereon for 1873. On July 20, a resolution authorizing the building of a county jail was carried, and the price set at $1,000. In December contractor Ramsey turned over the jail building to the commissioners, and on December 8, Judge Gantt was requested to open a special term of court for Clay County. C. M. Turner was commissioner at this time, vice Marsh. On Jannary 5, 1875, a resolution was pre- sented by Ezra Brown, pointing out that the county seat was within one and one-half miles of the east line of the county; that it was located there when there were only about 100 voters in the county, and that a bill, similar to that which re-located the county seat of Saline County, fixing the seat of jus- tice at some central point, was desirable. Mr Bayly's motion to table this important resolution was acted upon without ceremony, and the second attempt to change the county seat was a victory for Sutton.
On March 1, 1875, the county was divided into sixteen precincts, each being a Congressional town- ship, and all numbered from one to sixteen; Town- ship 8, Range 5, being No. 1, and Township 5, Range 5, being No. 16. The question of giving a name to each precinct was left to the voters of each. The question of aiding the Sutton Mill Company by the issue of $5,000 10 per cent bonds was submitted to the people of precinct No. 8, Township 7, Range 5, April 6. The town of Edgar was incorporated
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CLAY COUNTY.
March 15, and on April 19 names were given to the several townships, as follows: School Creek, Town- ship 8, Range 5; Lincoln, Township 8, Range 6; Harvard, Township 8, Range 7; Leicester, Town- ship 8, Range 8; Scott,* Township 7, Range 8; Lynn, Township 7, Range 7; Lewis, Township 7, Range 6; Sutton, Township 7, Range 5; Sheridan, Township 6, Range 5; Marshall, Township 6, Range 6; Lone Tree, Township 6, Range 7; Glenville, Township 6, Range 8; Spring Ranche, Township 5, Range 8; Fairfield, Township 5, Range 7; Edgar, Township 5, Range 6; Logan, Township 5, Range 5.
The tax levy for 1875 amounted to almost 7} mills for State and 9 mills for county purposes, apart from the $4 land road tax, the $2 poll tax and the $1 and $2 dog tax. The interest fund of Little Blue claimed a 2 mill tax. The tax levy for school purposes in twenty-nine of the fifty-nine districts ranged from 10 to 25 mills, being 10 mills in dis- triets 1, 59 and 11; 20 mills in districts 39, 35, 31, 40, 49, 33, 18, 9, 46, 28, 52, 51, 32, 29, 16, 3, 15 and 4; 15 mills in distriets 10, 17 and 36; 12 mills in district 41, and 25 mills in districts 5, 43, 26 and 37, being the ouly distriets in which school taxes were levied in 1875. The building of two bridges over School Creek, one between Sections 1 and 2, Township 8, Range 7, one on Liberty Creek, Town- ship 5, Range 7, one on Sandy Creek, Township 5. Range 6, and a second on Sections 13 and 14 of that Township, one on Sections 26 and 23, Town- ship 5, Range 5, and one on Sections 22 and 23, Township 6, Range 7, were anthorized.
On July 7, 1875, a petition (signed by 403 legal voters), asking that the question of re-location of the seat of justice be submitted to the people, was presented to the board. The commissioners ordered an election on the subject to be held August 14, 1875, and designated the place of meeting in each township. A second order on this election made the date September 20. The result of this election is unnoticed in the commissioners' record, but it is found in the election returns and given in a follow- ing chapter. O. P. Alexander was appointed sheriff in December, 1875, rice Deusmore resigned to sue- ceed F. M. Brown as county elerk. The tax levy
ordered in July, 1876, shows 73 mills for State purposes and 11 for county purposes, with the usual $4 land road tax; the school district tax averaged 20 mills. During the fall of this year the construc- tion of several iron and wooden bridges was author- ized. In October M. Estes, E. H. Birdsall, J. D. Bain, V. L. Carr, Lyons Bros., C. K. Morrell, Orlo W. Birmingham, Henry Keller, H. H. Disbrow, Louis Stien, W. A. Farmer, J. W. French, JJ. W. Jacobson, T. J. Dowd, J. Geobring, S. M. Risly, C. D. Moon, T. J. Glover, W. H. Hammond, Jared Burdick, L. C. Howard, W. A. Birdsall, Erastus Austin, W. E. Welton, P. M. Colvard and I. D. Howard proposed to the commissioners that in case the people would select Harvard as the county seat at the election to be held in November, they would move the records and other property of the county (except the court house) thereto, grant one block of land to the county, provide county offices and court room until January 1, 1878, and pay $1,000 for the old court house building. This proposition was accepted, subject to the necessary vote in November. Iu November Thomas W. Brookbank, superintend- ent of schools, resigned and JJ. R. Maltby was ap- pointed.
The tax levy for State purposes made in July, 1877, was 10g mills, and 11 mills for county pur- poses. The school district levy did not exceed 25 mills, and there is no record of poll, laud road or dog tax made. In November the question of town- ship organization was submitted. In January, 1878, Flavius Northrop qualified as commissioner, cice C. M. Turner retired; and E. B. Howard succeeded Densmore as clerk. A notice was ordered to be served on the Burlington & Missouri River Railroad Company to appear before the board on April 2, 1878, and show why 560 acres of their lands in Section 22, Township 5, Range 8, should not be taxed. In reply to this notice the following letter was re- ceived from A. E. Touzalin, land commissioner of the Burlington & Missouri River Railroad.
LINCOLN, Neb., Feb. 4. 1878. Ezra E. Howard, Esq., Sutton, Nch.
DEAR SIR: Your letter is received. We will waive notice in the matter of which you speak, and take no ad- vantage thereon of the non-serving of the same. I would like to say to the officers of Clay County, that if the sys-
* Called Inland in November, 1888.
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HISTORY OF NEBRASKA.
tem of paying for school bonds is allowed to be carried ont, as in School district 37, we shall not only oppose it in every way we can as an illegal and unjust matter, but it will do the most serions injury to the county, and pre- vent the occupation of the railroad lands therein. The interests of the county and the company are mutual in this matter, and we hope that you will act with us in getting these large payments compromised by extensions over a long period of time.
Yours truly, A. E. TOUZALIN.
W. K.
The tax levy of July, 1878, was 7 1-12 mills for State, and 11 mills for county purposes. The sum of $260 was paid to James Laird for collecting taxes from the Burlington & Missouri Railroad Company, and his contract price for collections from the St. Joseph & Denver Railroad Company. The taxes for 1874-75-76 against the latter road were ordered to be struck from the books per decree of court.
On August 19, 1878, a petition by P. M. Col- vard and 602 others praying that the liquor license be reduced to $50 was met by a remonstrauce by Miss Alice Houlgate and 106 others, and A. L. La- mont and 642 others against reduction. The com- missioners fixed the fee at $300 per annum, and the 750 remonstrants were happy.
On January 13, 1879, W. R. Hamilton, R. Bayly and Flavins Northrop took their seats as commissioners. The canvass of the vote on the re- location of the county seat was considered. The election on this question was held January 9, 1879. Of the total vote, 2,310, Clay Center received 1,293, and Harvard 1,015. No place having re- ceived three-fifths of all the votes cast, a new elec- tion was ordered to be held February 20, 1879, Clay Center, Harvard and Sutton being the competitors. It was further ordered to submit the question of levying a 3-mill tax in 1879 and 1880 for the pur- pose of creating a court house and jail fund. This election was duly held, but only 1,937 votes were cast, of which Clay Center received 1.376, or more than a three-fifths vote. On April 1 the commis- sioners declared Clay Center to be the seat of jus- tice, and ordered the county offices, records, etc., to be removed thither on or before May 1, 1879. The vote on the building-fund tax was 1,339, or a three-
fifths vote. That day a contract was sold to F. A. Pyle and W. D. Young to erect a temporary court house for $2,250, and complete the same before May 1, 1879. The elerk was ordered to advertise for bids to erect a $7,000 county building, before the ink with which the agreement for the first build- ing was written was dry.
On May 5, 1879, Commissioner W. R. Hamilton made the following resolution in regard to counting the Harvard vote: "Whereas it appears by the records in the clerk's office of Clay County, that the Harvard precinct vote cast at the election, February 20, 1879, for the re-location of the county seat of said county, has been rejected by the board of can- vassers, and whereas it appears that a preemptory writ of mandamus has been granted by the supreme court of the State to Ezra E. Howard, clerk of said county, commanding him to forthwith call to his assistance two disinterested electors, and re-canvass and abstract the entire vote cast at said election, in- cluding the rejected Harvard precinct vote, and whereas it appears by the records that the said writ has been served for about a space of twenty days, and that said re-canvass has not been made, there- fore, he it resolved, that we, the board of county commissioners, do request and advise the immediate re-canvass of said vote, as commanded in said writ." Later the injunction snit of L. A. Payne rs. R. Bayly, was commenced, and a special June term asked for by the county commissioners, to hasten judgment in the cause. On May 21, the last meet- ing was held at Sutton, when Rev. C. F. Graves was appointed surveyor. The first meeting of the commissioners, held at Clay Center, was that of June 2, 1879. The trial of E. P. Burnett, by the commissioners, was concluded July 23, 1879, when he was found guilty as charged in the complaint of J. M. Mills, and removed from the office of county judge. His motion for a new trial was overruled; W. S. Prickett was appointed county judge. C. A. Melvin was instructed to bring records and seals to Clay Center.
In July, M. S. Edgington and fourteen others, taxpayers of Edgar precinct, petitioned to the board to appoint a day for voting upon the question of granting $12,000 aid to the Nebraska & Kansas
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CLAY COUNTY.
Railroad Company for buikling a road from Edgar to Superior.
On September 1. 1879, the commissioners met at Sutton, when E. P. Burnett was re-appointed county judge rice W. S. Prickett, resigned, and a resolution was adopted ordering that the record of proceedings in the ease of his impeachment be ex- punged or erased, and that he be given possession of books, etc., belonging to the office. The meet- ings of September 15 and October 7 were also held at Sutton. On the latter day bids for a $1,000 poor-house bnikling were asked for. On November 4. 1879, a new vote on the re-location of the county seat showed a decisive majority for Clay Center, and the board declared it to be the county seat and ordered the removal of all officers, records, etc., thereto, on or before January 1, 1880. Bids for building court house and jail and poor house were re-advertised for in the Edgar Review and Plainfield News. On December 15, W. D. Young contracted to build the poor house. The first meeting of the commissioners at Clay Center under the " new law" was held January 6, 1880. Messrs. Hamilton, Bayly and Northrop formed the board. W. J. Keller qualified as elerk, to succeed E. E. Howard; George H. Van Duyne, as treasurer, to succeed W. S. Randall; and J. P. Nixon, sheriff, to succeed A. J. Mel'eak. L. A. Varney was appointed surveyor, John G. Nuss, coroner, and E. P. Burnett qualified as county judge. The proposition of J. W. Lewis to bore the county well at forty eents per foot was accepted. On February 6, George E. Birge was appointed to make an examination of the treasurer's books, from the beginning of the county to January 10, 1880, and on June 24, D. M. Leland was ap- pointed superintendent of court house construction. W. D. Young was building contractor.
The court house was completed November 30. 1880, and Pedro Dominicus appointed janitor. Later that year John D. Hayes was appointed county attorney, and in 1881 C. Stayner, with W. R. Ham- ilton and R. Bayly, formed the board. C. J. Mar- tin was appointed county judge Angust 8, vice E. P. Burnett, absent. In January, 1882, Ezra Brown, with Messrs. Stayner and Bayly, were commis- sioners; Louis F. Fryar, clerk, and J. P. Nixon,
sheriff. Of the commissioners, Bayly was the only one who went through the vicissitudes of county seat wars and still held that office. In June of this year the tax levy was made-63 mills county gen- eral; 3 mills road; 3 mills bridge, and { mill insane hospital, or a total of 13 mills. The additional levy in the incorporated towns was as follows: Sutton, 8 mills; Edgar, 5 mills; Harvard, 10 mills, and Fair- field, 7 mills. The number of school districts was 70, the levy running from 33 to 25 mills. In No- vember the names of members of Company B were stricken from the list of poll-tax payers, and in De- cember the contract for removing the old county jail from Sutton to the poor farm was sold to B. Il. Corwin for $49.99, and the offer of Sutton village to pay $125 for the building rejected. In 1883 J. M. Farley, William Newton and C. Stayner were commissioners; the county bridge and road taxes amounted to 11g mills per dollar; the additional levy for Harvard was 9 mills, for Fairfield and Sut- ton, 8 mills, and for Edgar 5 mills. Of the 70 school districts taxes were levied in all except num- bers 5. 22 and 33. In September the question of township organization was ordered to be submitted to the people on November 6, that year. The vote denied the proposition, and Messrs. Newton, Farley and Fred Grosshaus formed the new board of com- missioners. E. P. Burnett was elected judge; G. F. Dickson, treasurer, and E. G. Groff, surveyor.
In November, 1884, the question of selling Block 24, in the town of Sutton, and with it the old court house, was voted upon. The property was ordered to be sold at anetion in April, 1885.
John B. Dinsmore was appointed commissioner of Clay County, to exhibit products of Clay County at New Orleans. In January, 1885. Joseph Myer took Commissioner Newton's place. In Angust. 1885, a new wind-mill and tower were ordered to be erected in place of the old mill and tower, said to be broken and useless. In January, 1886, the osti- mated expenditures for the year. for general. road. bridge and insane hospital purposes, were placed at $32,000. The tax levy made in JJune amounted to 10 mills per dollar; while an additional levy of 8 mills was made in Fairfield and Edgar, and a special lot tax in Harvard. At this time the judgment of
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