History of Custer County, Nebraska; a narrative of the past, with special emphasis upon the pioneer period of the county's history, its social, commercial, educational, religous, and civic developement from the early days to the present time, Part 9

Author: Gaston, William Levi, 1865- [from old catalog]; Humphrey, Augustin R., 1859- [from old catalog]
Publication date: 1919
Publisher: Lincoln, Neb., Western publishing and engraving company
Number of Pages: 1180

USA > Nebraska > Custer County > History of Custer County, Nebraska; a narrative of the past, with special emphasis upon the pioneer period of the county's history, its social, commercial, educational, religous, and civic developement from the early days to the present time > Part 9

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HISTORY OF CUSTER COUNTY, NEBRASKA

tions was made by Henry Goodyear and wife to Henry G. Wiley, and it was filed for rec- ord December 21, 1880. The first mortgage ever released, and therefore it is to be pre- sumed the first one paid, was one released by Charles C. Burr to Charles A. Hall and wife.

THE EVOLUTION OF THE COURT HOUSE

Since the location of the county seat of Custer county at Broken Bow, four separate court houses have been built and used for the accommodation of the public. As an

cated on the northeast corner of block 12. In this building the officers were housed and the public business transacted until the commence- ment of the term of officers who were elected in 1889. The county clerk, the county judge, the county treasurer, and the county superin- tendent maintained offices in this building.

The question of county division was always a sore question to the people in and around Broken Bow, and to placate the county-division sentiment and to meet the criticism of division- ists outside of the immediate vicinity of Broken

[ Photo by S. D. Butcher]

BUILDING THAT SERVED AS FIRST COURT HOUSE OF CUSTER COUNTY

incentive to the location of the county seat at Broken Bow the Gandy brothers, A. W., J. P., and Jess, agreed to put up a building and donate its use to the county for court-house purposes, until the sale of county lots, under the terms of the location of the county seat made by them, would provide a fund with which to build a more commodi- ous building. Following out their agreement. they erected a small frame building on the southeast corner of block 5, where the Custer County Chief office now stands. This was the first court house in Broken Bow.

After the sale of the lots in the proposed town, a four-room court house was built, lo-

Bow, who insisted that Broken Bow should build a court house because the town re- ceived all the advantage incident to its being center of public business, a bond proposition was duly submitted at the election of 1888 and Broken Bow precinct bonded itself in the sum of twelve thousand dollars, for the purpose of building a court house on the site selected by a vote of the people as the county seat.

These bonds were twenty-year bonds bear- ing six per cent. The last bond was paid on the first day of January. 1909. With the money thus obtained from the bonds, aided by private subscriptions from various people in Broken Bow, the court house located on block

HISTORY OF CUSTER COUNTY, NEBRASKA

6 of the original town was built. The list of private subscribers to this court-house fund has been lost, and it is impossible now to tell who the private subscribers were or the amount contributed by them toward the building of this third court house in Broken Bow. The court house was built and ready for occupancy on the first of January, 1889.

At the fall election of 1888 the political situation in Custer county turned upside down. The Republican ticket was defeated and for the first time county officers of a political complexion other than Republican were elect- ed. It seemed a queer coincidence that the new court house should be built and first occu- pied by an entirely new set of men who were in no way charged with its building. This court house served the purpose from the time of its occupancy, commencing January 1, 1889, until it was destroyed by fire, on the 14th day of January. 1910.

Immediately after the destruction of this third court-house building by fire, the citizens of Broken Bow, aided by friends from other precincts, presented a petition to the county board of supervisors asking that a special election be called for the purpose of voting a tax of five mills on the taxable property of the county for the purpose of building a court house on the site of the one destroyed by fire. The question was duly submitted to the voters of the county by the board. Strenuous opposition to this tax proposition was met from the county divisionists and the county division centers of the county. They argued, and with some force, that the time to divide the county was when the court house was destroyed and white no bond or tax rested on the county for public buildings. The five- mill tax-levy proposition was submitted to the voters of the county, at a special election held on the first day of March. 1910. and the proposition to vote the tax was defeated by a vote of 2234 for, to 2213 against the proposi- tion. In the meantime the county board had arranged their local offices here and there throughout the town, wherever they could rent a building, and the business of the county was

conducted in the various offices scattered throughout the town.

During the summer of 1910. county-division petitions were freely circulated, signed, and, in September, presented to the board, and the proposition of dividing the county into coun- ties was submitted to the electors of the county at the general election in 1910. The names selected for the new counties were: Arbor, Albany, and Corn, the fourth county being the old county of Custer or what would remain of it in the event that division carried. Proba- bly as warm a county division campaign as was ever waged. occurred in the fall of 1910. The vote on the proposition at the general elec- tion showed that Arbor county received 2344 votes while there was cast against the proposi- tion 2995 votes : Albany county 2298, against 2975 votes; Corn county 2312, against 3001 votes. Since that time there has been no fur- ther effort to divide the county.

.After the election of 1910, petitions were again presented to the county board and a special election was called for the purpose of voting a tax to build a new court house. on the site of the old one destroyed by fire. This second proposition asked for an election on the seven-mill tax, four mills to be levied and collected in 1911 and three mills to be levied and collected in 1912. This proposition was submitted to the electors of the county on the 9th day of January, 1911. It carried by vote of 2732 for the levy and 2203 against.

Immediately after the canvass of the vote. steps were taken to adopt a plan to let a contract and commence the erection of a court house under the supervision of the board of supervisors. The contract for the new build- ing was let in the early spring of 1911, the contract price being $55.087.00. This was the contract price of the building alone. At the tine the old court house was destroyed, the county board carried an insurance of thirteen thousand dollars on the building and fixtures, and this insurance money was retained for the purpose of furnishing the new court house. Work on the new court house proceeded rapid- ly, and in the summer of 1912 the contractor

HISTORY OF CUSTER COUNTY, NEBRASKA

turned it over to the building board, ready for occupancy.

The fourth court house stands on the site of the one destroyed by fire and in every way is a model of architecture, convenience, and durability, fire-proof throughout the commodi- ous offices, and vaultage-room sufficient to care for the public records of the county for many years to come. It is regarded by capable judges who have seen it and examined its com- partments as a model court house in all re- spects.

CUSTER COUNTY UNITED STATES LAND OFFICE

Since 1890 Custer county has had a govern- ment land office located at Bro- ken Bow. In June. 1916. the present register, M. C. Warring- ton, and present receiver, John P. Robertson, went into their respec- tive positions, and the event was chronicled in the local pa- per at the time, giving in outline a history of the office from its inception to the present day. It is here quoted at length :

In March, 1890, by an act of congress, the Broken Bow land district was created and the office established at Broken Bow, Nebraska. On April 24, 1890, Judge John Reese, of Broken Bow, was appointed the first register and Hon. James Whitehead, the first receiver, by President Harrison, and they both continued in their respective offices until July 1, 1894, when Hon. A.' J. Robertson, of this city, a son-in-law of Judge Reese, and Hon. Charles H. Adams, of Lincoln, were appointed, by President Cleveland, receiver and register, re- spectively. These officials both retained their positions for a term of four years, which ex- pired July 1, 1898.

PRESENT CUSTER COUNTY COURT HOUSE

In change of administration from Cleveland to McKinley, Hon. James Whitehead, now of Emporia, Kansas, and Hon. F. H. Young, of Broken Bow, were appointed by President Mc- Kinley, register and receiver, respectively. Mr. Young, at the close of his first four-year term, was reappointed for a second term, but at the expiration of about a half-year, owing to the necessary press of private business, re- signed his position early in 1903. On March 3. 1903, the day of Mr. Young's resignation, Judge Reese again entered the federal service by being appointed receiver, by President Roosevelt. The Judge served as receiver and Mr. Whitehead as register until June 24, 1906. During the pe- riod between March 3, 1903, and August 1. 1906, Judge Reese was asso- ciated with Mr. Whitehead, who was register of the land office.

On June 24. 1906, Judge Reese preferring the office of reg- ister, which he had formerly held, was again appointed to that position, by President Roosevelt, upon the retirement of Mr. Whitehead. On the same date Hon. D. M. Amsberry was appointed receiver, by Presi- dent Roosevelt, to succeed Judge Reese, who had just vacated that position to assume the office of register. On the expiration of the official terms of Judge Reese and Mr. Ams- berry, on June 24, 1910, they were both re- appointed by President Taft. By this appoint- ment Judge Reese received his fourth com- mission to a four-year term in the Broken Bow land office and Mr. Amsberry his second com- mission. They served together as land office officials until May 1, 1916, when Mr. John P. Robertson, of Broken Bow, a son of former receiver Robertson, entered upon his duties as

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UnTOS.

IFrom Butcher's Sod House, Booklet]

The land opening in Broken Bow, Nebraska, in 1904, shortly after the passage of the "Kinkaid act," allowing the settler to file on a 640 acre homestead. The militia were used to preserve order. In the lower left-hand corner is the picture of Daniel Sage, of Callaway, known as Ne- braska's long-haired poet.

HISTORY OF CUSTER COUNTY, NEBRASKA

receiver to succeed Mr. AAmsberry, to which office he was appointed April 10, 1916, by President Wilson. On June 24, 1916, Hon. M. C. Warrington, of Mason City, who was appointed register by President Wilson to succeed Judge Reese, assumed the duties of office, that date being just two years to a day after the expiration of Judge Reese's last four- years term. In passing it may be noted that from May I, 1916, until June 24, 1916, Judge Reese and John P. Robertson held the offices of register and receiver, respectively, this be- ing the first instance in the history of the Land Department of the United States where a grandfather and grandson held the offices of register and receiver in the same office at the same time, one being a Republican and the other a Democrat. Judge Reese has the unique distinction of having held the positions of reg- ister and receiver of the United States land office under the administrations of five presi- dents for a period covering almost eighteen years in the same office. It is doubtful if this record has a parallel in the history of the land department of the United States. During this eighteen-year period, more than three millions of acres of government land have been taken by settlers as homesteads in the Broken Bow land district. Many hundreds of contests have been decided, involving the settler's title to his home, and on appeal not to exceed ten cases have been reversed by the department. Judge Reese and his associates in the land office have reason to be proud of the prominent part they have taken in the development of central and western Nebraska as federal officers in charge of these greatly responsible positions. For the distinguished gentlemen who have so worthily succeeded to these responsible posi- tions, namely, Hon. M. C. Warrington as reg- ister and J. P. Robertson as receiver, their many friends, with a confidence born of a knowledge of their merits, bespeak a continu- ance of the splendid record of honorable ser- vice that has been made by their predecessors in the land department of the federal govern- ment.

KINKAID BILL GOES INTO EFFECT

As a result of the passage of the congres-

sional measure known as the Kinkaid bill, more than two million acres of land were thrown open to homesteads under provision by which entryman was entitled to 640 acres of land. A ruling of the general land office at Washington provided that any homesteader already on land entered prior to June 28, 1904. was entitled to adjacent land enough to make 640 acres, and to such holders a thirty-day preference was allowed in which to make filing. All the rest was open to the entryman first coming.

This caused a land stampede that is still remembered by the people of Broken Bow and also by all who secured land at that time. The following from the Custer County Chief gives a faithful account of the event :

Broken Bow already shows unmistakable evidence of a big rush which is to be on in this city next Tuesday, when the time arrives for making homestead entries under the new Kinkaid bill. There have for the past several days been from fifty to one hundred strangers in the city constantly, to get pointers in regard to the grand rush. The land office has been unusually busy preparing for the work that is coming, and reports from the county clerks of adjoining counties show that a very large number of entries will be made. There is con- siderable speculation as to how the crowd will be taken care of by the land office, and what method will be adopted in regard to making entries. It is expected that there will be at least one thousand people in line when the land office opens next Tuesday morning. in nearly all land rushes of this kind a large number of pickpockets and thugs make their appearance, and on this occasion our people will be protected by government detectives and an increased force of deputy sheriffs and depu- ty police. The town will be well policed from now on until the rush is over. In the mean- time, however, it would be well for our citi- zens and visiting people to take a little extra precaution.

NEW LAW TAKES EFFECT

Hundreds of people clamor to make entries under the new homestead law. Broken Bow displayed considerable activity for some days prior to June 28th, at which time the Kinkaid homestead law took effect, under which law it is possible for one man to acquire 640 acres by homestead right. As early as the fore part of last week strangers from all parts of the country began to arrive in town. Many of

HISTORY OF CUSTER COUNTY, NEBRASKA

them would make inquiries in regard to the working's of the new law and would then go into the district where the vacant land was situated, make their selection, and then wait for the grand opening. Those who had prefer- ence rights. by which they had thirty days to take land adjoining their present homesteads. were resting easy, but those who were after sections of land where they knew about half a dozen parties more were endeavoring to get filings on the same piece were. of course. un- easy and endeavoring to get what advantage was possible. On Monday morning people be- gan to get their entry papers made out and until the early hours of Tuesday morning ev- ery attorney in Broken Bow was snowed under with business. As early as five o'clock on Monday evening people began to form in line at the foot of the land office stairs and started in on the long wait until the land office opened at nine o'clock Tuesday, that they might be in line to make early entries. In this they were disappointed, for at eight o'clock Register Whitehead and Receiver Reese gave out the word that no line would be recognized until eight o'clock the next morning, and it was with reluctance that the hundreds of people who had maintained the line for two or three hours gave way.

A QUIET AND ORDERLY CROWD

By daylight on Tuesday morning the crowd began to gather and by eight o'clock nearly two thousand people, attracted there through curiosity or through a desire to make entries. congregated about the land office, eager to have the line formed. In the meantime Gov- ernor Mickey was asked to permit the militia company to assist in maintaining the line of march. While no trouble was experienced and the crowd was nothing but a great big. good-natured, jolly lot of people, yet it was difficult to handle them without plenty of as- sistance, and for this reason it was that the militia could be of material help. Governor Mickey, after some delay and a good deal of telegraphing, gave his consent to the militia boys assisting, and after a half-hour's work in lining the people up. the filings commenced. the first one going over the counter at prompt- ly nine o'clock. It was a curious sight, old men, old women. some of whom were eighty years of age, young men and young women, just past their majority. cowboys. farmers. business and professional men, ladies in plain dress and ladies in silks. waiting for their chance to take a section of Uncle Sam's land. As the day wore away, many people became tired and would grasp at chances to buy

boxes to sit down on; many of them were fortunate enough to have umbrellas, but most of them did not. and could not leave the line to procure these comforts unless they had a friend who could hold their place for them. The city officials furnished the crowd with water and the restaurant people sold sand- wiches, pies, lemonade, pop, cigars, etc. It was an interesting sight to go down the line. Some people were playing cards, others ar -. guing politics, others making burlesque stump- speeches, and many of them singing old fa- miliar hymns.

CROWD GETS A REST

At three o'clock in the afternoon numbered cards. each bearing the name of the holder and countersigned by the register and receiver. were issued, and the people broke ranks, and were admitted to the land office as their num- bers were called. When the people found that they were to be turned loose with num- bers one enthusiastic gang started up "Praise God from Whom All Blessings Flow." The first hour about twenty people were taken care of, after that an average of twenty-five entries were made per hour. While the line was being formed an occasional favorable position would command five or ten dollars. It seems strange to some that people should be so anxious to secure this land which has been open to settlement for years past. If it had any particular value it would have been taken long ago in the same manner that other gov- ernment land was taken. Some of it is of value. owing entirely to its location in con- necting land owned by an individual or com- pany on either side. It is the general impres- sion that more land was entered in this grand rush than will be proved up on. The vacant land in the Broken Bow land district at the time of the passage of the law comprises about two million acres, the amount in each county being as follows :

Blaine 219,912

Brown

141.856

Cherry 515.920

Custer 20.843

Grant

178.149

Ilooker

316,158

Logan

140.804

Mc Pherson

275.991

Thomas

245,266

THE LAND ENTRIES

During ten days over one thousand appli- cations for homesteads under the new Kin- kaid law. were filed in the land office at Broken Bow. Six hundred of these were made

HISTORY OF CUSTER COUNTY, NEBRASKA

at the land office and four hundred were re- ceived by mail. The land officers and their force of clerks have been putting in long hours checking over these entries, and have passed on about five hundred and fifty of them. Of this number one hundred and fifty have been rejected. From now on the work of check- ing entries will be slower, owing to more complications arising, and it is expected that it will take ten days to complete the work. The land officers are to be congratulated in handling this work as rapidly as they have.

OPENING OF THE MILITARY . AND FOREST RE- SERVES

In October of 1913 the government land in the military reserve of Niobrara and the forest reserve of McPherson county were opened to settlers, and Broken Bow in this county was one of the land offices at which registrations were made. The following from the local newspaper gives a good description of the event :

The Saturday and Sunday preceding the opening of the registration was one of till- usual activity about town. People had begun to arrive early in the week and by Saturday night there were over five hundred strangers in town. The night trains brought in more, as did also those of Sunday morning. so that there must have been fully one thousand strangers in town during Sunday. By the time the last train load was emptied Sunday night, a few minutes preceding the opening. the number of people waiting to register prob- ably exceeded fifteen hundred. The first es- timate placed the number at twelve hundred, but later figures proved this to be too low.

Sunday was a beautiful day and the people passed the time by strolling about, lounging in the park and going sightseeing. Many viewed the fair grounds and viewed the wreckage caused by the tornado of last Thurs- day. In fact there were several hundred who paid their respects to the defunct buildings and carried away souvenirs in the shape of splinters, small pieces of board or any other odds and ends they could find. The crowd was quiet and orderly and appeared to have no inclination to indulge in boisterous con- duct. Early in the day some interest was taken in a lady who planted herself in a chair in front of the registration booth and gave out that she intended remaining there until the doors opened, at twelve o'clock that night. There seemed to be some mystery attached to

her at first, especially as she appeared reti- cent about giving her name, excusing herself with the plea that she was not seeking news- paper notoriety. Her reticence, however, was finally overcome and she turned out to be Dr. Allie B. Weiner, a prominent suffragette from Lincoln. Later in the day Dr. Weiner was persuaded to vacate her post and, during the evening she favored the waiting crowd with a spirited lecture on the suffrage ques- tion, which was well received.

In the meantime, the crowd kept growing larger and hundreds of people were endeav- oring to locate the best points of vantage. The police were kept busy trying to form a regular line and keep the people in it. As the hour of midnight approached. the excite- ment grew intense, although there was little or 110 disturbance. At intervals the crowd would relieve its emotions by joining in a popular chorus someone had started; at other times it would roar forth some well known hymn. Many women were scattered among the ranks and joined their voices with the others.

Within the registration booth the notaries were placing themselves behind the long coun- ter and preparing for a busy night. Over all Judge. Humphrey kept a fatherly eye, and thoughtfully chewed the end of his cigar as he looked through the glass doors at the sea of faces on the outside and speculated on just how many twenty-five cent pieces would jingle through the cashier's window during the night's rush. Sheriff Joe Wilson perched him- self on the railing within the entrance, while several burly officers spread themselves across the entrance on the outside to keep the crowd in order.

A small clock belonging to one of the 110- taries chimed the hour of twelve. Judge Hun- phrey gave a last word of instruction, Sheriff Joe Wilson shouted: "Let her go," and the rush was on. The first to register was Dr. Allie E. Weimer, of Lincoln, the lady who had occupied the chair for the best part of the day ; the second was Miss Emily Robert- son, a Broken Bow young lady. Both of these ladies were registered by Miss Emma Scott, secretary of the notaries' association.

The first men to enter the door were two veterans of the Civil war, their names being respectively Almond Burgess, of Johnson county, Missouri, formerly of the Second Iowa regiment, and James Clayton, of Hamburg, Iowa, formerly of the Twenty-fifth Missouri regiment. Both of the veterans were extreme- ly hopeful and signified their intentions of becoming sturdy homesteaders if they were so

HISTORY OF CUSTER COUNTY, NEBRASKA

fortunate as to make a winning. The third man to register was Dr. A. N. Horn, a dentist of Exeter, Nebraska. The last named registered quickly and was really the first of the trio to drop his envelope in the box.

All night long the stream of people kept up. the applicants entering by the front door. selecting any disengaged notary, registering and passing out the back door into the alley. By the time the first rush was over the morn- ing trains arrived bringing in another batch and it was the same story over again, with this exception, that there was a change of shifts among the notaries and the tired ones had a chance to go home and sleep.

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History of Custer County, Nebraska; a narrative of the past, with special emphasis upon the pioneer period of the county's history, its social, commercial, educational, religous, and civic developement from the early days to the present time, Part 9

Author: Gaston, William Levi, 1865- [from old catalog]; Humphrey, Augustin R., 1859- [from old catalog] Publication date: 1919 Publisher: Lincoln, Neb., Western publishing and engraving company Number of Pages: 1180

Author: Gaston, William Levi, 1865- [from old catalog]; Humphrey, Augustin R., 1859- [from old catalog]
Publication date: 1919
Publisher: Lincoln, Neb., Western publishing and engraving company
Number of Pages: 1180