USA > Nebraska > Hall County > History of Hall County, Nebraska > Part 28
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The writer of that part of the state history in which this Daily-Estabrook contest is dis- cussed has remarked: "The committee on elections were no doubt technically right in finding that the attempt of Governor Black to organize Buffalo County by appointing the county officers himself was invalid, but since
it appears by their finding that there had been an informal election of the officers, it may be inferred that the wish of the committee stood in close relationship to their thought. A legally formal election on the Nebraska frontier in the 50's was about as rare and impracticable as a social function with Parisian manners in the same region. The act (approved Novem- ber 4, 1858) creating Hall County specifically authorized the governor to appoint the first county officers, and Black, without authority, seems to have imitated the like action of Act- ing Governor Morton a few months before."
The Omaha Nebraskan, quoted in Nebraska City News, January 1, 1859, discussed the organization of Hall County :
The legislature at the last session passed an act to organize the county of Hall, and Hon. J. Sterling Morton, acting governor, has judiciously appointed and commissioned the following officers for said county : Probate judge, Richard C. Barnard; sheriff, Hermann Vasold; recorder, Theodore F. Nagel; treas- urer, Joshua Smith; justices of the peace, William A. Hagge, Isaac Thomas ; constables, Christian Menck; county commissioners, Frederick Hedde, Daniel B. Crocker, Hans Vieregg. The name of "Hall" was given to this county as a compliment to Chief Justice Hall.
It might be interesting to divert from the general theme of this chapter to continue the quotations from the above named journal and see what the press in the east end of the state had to say about Grand Island and Hall County early in 1859:
Grand Island is the county seat of Hall County and is situated forty miles west of Columbus.1 It is the extreme western set- tlement of Nebraska and is surrounded by a thrifty, intelligent farming population. Teh country about it is upland bottom, very fertile, and timbered and watered. Grand Island itself is seventy-five miles in length, and averages four miles in width, being heavily timbered with oak, hickory, cottonwood, and red cedar.
IN THE SIXTH LEGISLATURE In the sixth territorial legislature, which
1 As the distance from Columbus to Grand Island is 62 miles this is once the press ran a reverse lever on exaggeration so often attributed to it.
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convened December 5, 1859, Monroe and Hall in religion, and in comfortable financial cir- counties were represented by Richard C. cumstances. Augustus Hall graduated from the academy at Middleburg, New York, in the early 30's, studied law with Phineas L. Tracy at Batavia for two years and com- pleted his studies at Mt. Pleasant, Ohio, where he was admitted and began the practice of his profession and was subsequently county attorney. From Ohio he went to Van Buren County, Iowa, where he practiced until 1854 when he served two terms in Congress. In January, 1858, he was appointed by President Buchanan chief justice of the territory of Nebraska, and removed immediately to Belle- vue, where he resided and performed the duties of his office until his death in 1861. His only son, Richard Smith Hall, became a very distinguished member of the Nebraska bar, and at one time the law partner of U. S. Senator John M. Thurston. Augustus Hall was a charter member of the first lodge of Free Masons instituted in Nebraska, known as Nebraska Lodge No. 1 at Bellevue, later removed (1888) to Omaha. Barnard of Hall County. Mr. Barnard was surveyor for and one of the leading members of the original colony that settled in Hall County in 1857. He was the first probate judge appointed for the county, succeeded in 1859 by Frederick Hedde. He was county surveyor after he served in this session of the legislature and first postmaster commissioned for the new postoffice at Grand Island, when it was established in 1859. Mr. Barnard's seat was unsuccessfully contested by Leander Gerrard, of Columbus, who afterwards be- came well known in the state through his long incumbency as president of the Columbus State Bank. Mr. Gerrard was a lawyer and at one time a member of the firm of Whitte- more, Gerrard & Post, at Columbus. He had assisted in organizing the Republican party in Nebraska and been its candidate for the legislature in 1859 in this new district. To show the development of the state as it was extending past Hall County, it might be re- marked that this first legislature in which Hall County had a representative authorized the organization of Dawson, Kearney, Morton, Nuckolls, Shorter (which embraced all that territory now in Phelps, Harlan, FIRST STATEHOOD ELECTION Gosper, Frontier, Red Willow and part of Lincoln south of Platte river, and afterwards named Lincoln county), West and Wilson counties. Morton, West, and Wilson counties never materialized into "going concerns."
Whichever surmisal may be the fact, the honor of Hall County's name is great enough for both Halls.
JUDGE AUGUSTUS HALL
Without attempting to settle, in this work, which is the correct theory, whether Hall County was named in honor of Augustus Hall, chief justice of the territory at the time of the organization of the county, or in honor of a local citizen, a partner in business of W. M. Spiker, one of the early sheriffs of the county, it would not be inappropriate to give our readers a short sketch of the career of Judge Hall.
Augustus Hall was a native of Batavia, New York, born in 1814. His father, Samuel Hall, was a whig in politics, a Presbyterian
In the election on the question of statehood held on March 5, 1860, 2,372 votes were cast against and 2,094 for state government. In this election Hall County cast 12 votes for and 13 against the proposition. As delegates to the constitutional convention, which there- fore never materialized, Platte, Monroe, and Hall counties chose John Reck and Charles H. Whaley, Republicans. It may be remarked at this point that Monroe County, which had theretofore been Hall County's partner in various representations, was merged with Platte County by legislative act of January 12, 1860. The representative from Monroe and Hall counties for the seventh legislative session was Frederick Hedde, of Hall County. In the eighth legislature, which convened in December, 1861, and extended but ten days into the next year, Enos Beall represented Hall, and its mate, Monroe, counties. During & Duringle Digitized by
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this session the counties of Buffalo, Hall, Kearney, and Lincoln were constituted a new representative district. In the succeeding (ninth) legislature, Frederick Hedde, of Hall County, became the first representative from that new district. This legislature met from January 7 to February 15, 1864. An act was passed by Congress on April 19, 1864, in response to a memorial of the territorial Nebraska legislature, authorizing the gover- nor to call an election for members of a con- stitutional convention on June 6 This con- vention met in Omaha, the territorial capital, on July 4th. Hall, Platte, and adjoining counties were represented by Isaac Albertson. Mr. Albertson is credited with having started and named the town of Buchanan, afterwards absorbed, "name and all," by Schuyler. Douglas County preferred the territorial status to risking capital removal that state- hood might entail, and as all of the South Platte counties except Richardson joined in the proposition lost. In the election of 1864 for delegates to Congress, Hall County cast 59 votes for Phineas W. Hitchcock, Union Republican candidate (father of Senator G. M. Hitchcock, now representing Nebraska in the United States Senate), and 17 votes for Dr. Geo. L. Miller, Democratic candidate.
By the time the tenth territoral legislature convened in January, 1865, Hall County had attained representation in the council of the upper house of the territorial assembly. Her first representative, with the other counties of the fifth district, Platte, Monroe, Buffalo, Kearney, and Lincoln, was Isaac Albertson, who also continued in the eleventh legislature to represent this district. In the tenth legis- lature, Hall, Platte, Buffalo, and Merrick counties were represented in the lower house by Frederick Evans. In the eleventh terri- torial legislature, which convened January 4, 1866, and in the twelfth (last) legislature, which convened January 10, 1867, John Wal- lichs of Hall represented Hall, Buffalo, Platte, and Merrick counties. The represen- tative of the fifth district, including Hall, in the upper house or council of the last legis- lature was F. K. Freeman.
In the election held in 1865 upon state
auditor and treasurer, Hall was one of five counties that did not cast a single Democratic vote - these counties being Cuming, Hall, Merrick, Pawnee, and Seward. Hall County's vote for each Republican candidate was 67.
The Eleventh. legislature, of which John Wallichs was a member, met the important question of statehood again. A constitution was prepared which afterwards proved very unsatisfactory and somewhat of a burden. But the work of this legislature at least paved the way for ultimate statehood. . The political conventions of 1866 were rather important, owing to the heated condition of campaign matters then. Charles H. Whaley represented the float district of Platte, Hall, Buffalo, and Merrick counties at the Republican or Union territorial convention. The counties of Platte, Buffalo, Hall, Monroe, Merrick, and Kearney and Lincoln counties were represented at the Democratic territorial convention at Ne- braska City by our neighbor from Buffalo County, J. E. Boyd, afterwards elected gov- ernor of the state. At the election held June 2, 1866, Hall County's vote was cast as fol- lows: For constitution 2, against, 29; for Butler, for governor (successful candidate) 10, Morton, 27. Though Hall County stood for Morton for governor in June, at the fall election when he ran against Marquette for delegate in Congress, she cast 46 votes for Marquette and none for Morton, but con- sistently gave Taffe for Congressman the same 46 against his opponent Paddock.
REPRESENTATION IN THE SENATE
During the early sessions of the state leg- islature, Hall County was part of a senatorial district comprising Platte, Merrick, Hall, Buffalo, Kearney, and Lincoln counties. Not until the sixth session did Hall County gain a state senator. From then on she held her own to the extent of furnishing the success ful candidate ten times in sixteen terms, bu in the last six terms has only had the senato! twice.
The roster of men who have represente Hall County in the state senate are :
1867 - F. K. Freeman, Kearney County. 1869 - Guy C. Barnum, Buffalo County.
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1871 - Leander Gerrard, Columbus. 1873-Guy C. Barton, North Platte. 1875-Guy C. Barton, North Platte. 1877 -George H. Thummel, Grand Island. 1879-E. W. Arnold, Grand Island. 1881 - W. R. Morse, Clarks (Merrick Co.) 1883 - T. O. C. Harrison, Grand Island. 1885 - J. N. Paul, St. Paul (Howard Co.) 1887 - Samuel N. Wolbach, Grand Island. 1889 - Samuel N. Wolbach, Grand Island. 1891 -T. B. Coulter, Underwood (Hall Co.) 1893-T. F. McCarty, St. Paul.
1895- George H. Caldwell, Grand Island. 1897 - Dr. O. Grothan, St. Paul.
1899 - Rasmus R. Hannibal, St. Paul. 1901 - J. A. Woolstenholm, Grand Island. 1903 - W. H. Harrison, Grand Island. 1905- A. E. Cady, St. Paul.
1907 - Fred W. Ashton, Grand Island. 1909- J. H. Buhrman, St. Iibory (Howard Co.)
1911- J. H. Buhrman, St. Libory (Howard Co.) 1913 - Raymond H. West, Wood River (Hall Co.) 1915- J. H. Buhrman, St. Libory (Howard Co.) 1917 - J. H. Buhrman, St. Libory (Howard Co.)
1919- Thos. E. Bradstreet, Grand Island.
During the very first sessions Hall County had to share her representation in the lower house of the legislature with other counties, and during the first nine sessions had only one representative. Since 1883 she has had two members in each session and been entitled to elect both of them from her own borders. Those who have served as representatives for Hall County in the lower house of the state legislature have been :
1867 - J. Wallichs of Columbus (Platte Co.) 1869-70 - Wells Brewer, Hall County. 1871 - Enos Beall, Hall County. 1873 - E. Parker, Lone Tree. 1875 - Lorin Clark, Albion. 1877 - George A. Hall, Grand Island. 1879 -G. H. Bush, Grand Island. 1881-2- F. A. Sears, Grand Island. 1883 - I. M. Cole, Doniphan (Hall Co.) Z. H. Denman, Sr., Alda.
1885 - Geo. Cornelius, Grand Island. S. N. Wolbach, Grand Island. 1887 - James Ewing, Wood River. Chas. Rief, Grand Island. 1889 - H. C. Denman, Doniphan. Edward Hooper, Grand Island. 1891 - Ed J. Hall, Grand Island. Henry Schotfeldt, Grand Island.
1893 - J. L. Johnson, Abbott.
Henry Schotfeldt, Grand Island. 1895 - Geo. L. Rouse, Alda. W. H. Harrison, Grand Island.
1897 - Geo. L. Rouse, Alda. C. E. Wiebe, Grand Island. 1899 - Geo. L. Rouse, Alda. W. A. Prince, Grand Island.
1901 - Wm. Thomssen, Grand Island.
G. C. Humphrey, Doniphan. 1903 - Geo. L. Rouse, Alda. H. S. Ferrar, Grand Island. 1905 - Geo. L. Rouse, Alda.
H. S. Ferrar, Grand Island.
1907 - A. L. Scudder, Doniphan. E. O. White, Cairo. 1909- John W. Sink, Grand Island. Frank S. West, Wood River.
1911 - John W. Sink, Grand Island. W. A. Prince, Grand Island. 1913- P. C. Kelley, Grand Island. (Speaker of House.) M. H. O'Malley, Alda. 1915 - A. L. Scudder, Doniphan. John E. Cox, Cairo. 1917 - A. L. Scudder, Doniphan. Leo B. Stuhr, Grand Island. 1919 - H. J. Mclaughlin, Doniphan. John McLellan, Grand Island.
In various sessions W. H. Harrison was president of the senate, Geo. L. Rouse was speaker of the house, and H. A. Edwards was clerk of the senate.
CONSTITUTIONAL CONVENTIONS
In the constitutional convention of 1871 Hall County was ably represented by O. A. Abbott, Sr., and Geo. H. Thummel. With perhaps one exception, Mr. Abbott and Mr. Thummel are the only survivors of the mem- bership of that convention. Mr. Abbott is the only surviving membersof the group of
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eight who served in both the constitutional it from carrying its own employees and their conventions of 1871 and 1875. On the vote families free. of the constitution submitted by the conven- The state institutions were managed by boards, each institution under a separate board. There was no control and corruption was charged and generally believed. tion of 1871, Hall County voted 90 for and 91 contra. As an enlightening discussion of the conditions that surrounded the making of constitutions in those days, the following The constitutional convention of '71 was convened with these surroundings and was composed of able men, many of whom after- article written in 1907 by Goveronr Abbott is not out of place at this point :
CONSTITUTIONAL CONVENTIONS OF '71 -'75
ELEMENTS THAT LED TO THE DEFEAT OF FIRST CONVENTION
BY HON. O. A. ABBOTT
Without pretending to exact historical knowledge it is at least ;probable that no other state ever voted on two different con- stitutions within so short a period as five years, but affairs in the state under the con- stitution of 1867 had grown intolerable. The Union Pacific was building, but no other rail had been laid. When the first constitution was adopted the population of the state was almost wholly confined to the river counties. In '71 the Burlington had been completed to Kearney. The old Midland Pacific had also reached Lincoln and the Omaha Southwestern was extended to the Platte River. Settlers were pouring into the state. The sod house was the prevailing type of residential archi- tecture. The judges of the district court - three only - also sat together as judges of the supreme court and received only $1,000 each per annum for their services, and other state officers, from the governor down, the same.
Out of this condition of things grew the pass system. The railroad was as anxious for good government as any citizen; and, like all citizens of new communities, was will- ing to help where it could, and it gave all public officers passes. Had the practice stopped there, it is doubtful if it would have provoked the storm of protests that later swept the state and made a pass so obnox- ious that the legislature undertook to prevent
O. A. AmOTT
wards rose to high places in the state and national history - Manderson, Strickland, Weaver, Boyd, Laird, Munger, Maxwell, Ma- son, Van Wyck, Wakeley, Robinson, Ester brook, and other names are well remembered ones. The people of the state had suffered at the hands of irresponsible banks and corpora- tions, not because they were monopolistic of oppressive but because they were irresponsible - unable to fulfill their obligations.
Stringent provisions were made in regant to corporate obligations, practically making all corporations and stockholders liable for
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the debts of the corporations. This alone might not have been sufficient to compass its defeat but it furnished the sinews of war to defeat it on the open ground of church and taxation. The Methodist conference sent a committee before the convention to advocate the taxation of all church property in excess of $5,000. The corporation used this clause as a pretext and at least one of the members of the committee that urged the adoption of the taxation clause worked vigorously to de- feat the constitution. Large posters were put up opposing the adoption, one of which bore the heading : "To your tents, O Israel! The enemy is upon you."
In the second convention of '75 the same spirit of rigid economy prevailed. The ne- cessity which an increase of business forced onto the officers led to some remarkable de- cisions from the courts - among them that a stenographer was not a clerk - and called for the general comment from the bar that "necessity knows no law." Church taxation was excluded by the constitutional limitations on corporations, while leaving out the clause that called down defeat upon the constitution of 1871, was perhaps the most conservative of the right of state control of any in the whole union, and has resulted in sending many of the larger corporations to New Jersey for corporate charters. It may be this constitution would have been defeated but for the separate article fixing the seat of government at Lincoln until removed by a vote of the people. The southeast portion of the state cast their votes solidly for. the whole instrument in order to save that special provision.
Among the hardest struggles was the pro- vision safe-guarding the school funds of the state. The wisdom of that struggle is now apparent and in a few years Nebraska will be able to educate its children out of the income from the lands donated to it for such purpose from the general government.
It was clearly unwise to take from future legislatures the power to adjust the salaries of public officers. It was the spirit of econ- omy that prompted that. All that was nec-
essary for any one to say was "The majority of our people are living in sod houses; they will again defeat the constitution regardless of the state's future necessities." So today this magnificent state pays its governor and treasurer less than one-half of what the banks in the state pay their cashiers, and pays its judges less than one-half the salary paid by the monied corporations to their leading at-
GEORGE H. THUMNELL
torneys. And, at present, the legislature is powerless to protect the state by placing its officers in a situation that ensures them against actual loss while devoting their talents to its service.
Many of the provisions of the constitution are most desirable, especially the article on corporations and the provisions against special legislation. Under the old constitu- tion every town and village in the state was incorporated under special charters. Special acts laying out roads, locating county seats, and granting authority to private corporations
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by special acts crowded the pages of the session laws and these wholesome provisions will doubtless be retained in any new con- stitution that may be submitted to the people; and that a new one will have to be provided in the near future becomes every day more apparent.
STATE OFFICERS
Hall County has been unusually fortunate in the matter of having numerous citizens from her fold chosen for state offices in the commonwealth of Nebraska.
GOVERNOR JOHN M. THAYER
A great many counties in the state have never had the honor of furnishing the state a governor. John Milton Thayer served both as United States senator and governor, and had also led the First Nebraska Regiment into the service of its country in the War of the Rebellion. Governor Thayer was born in Bellingham, Massachusetts, January 24, 1820, the son of Captain Elias and Ruth (Staples) Thayer. He was raised on the farm, taught school when a young man, attended Brown University, graduating in 1841. He studied law under Isaac Davis at Worcester, Mas- sachusetts. In 1854 he moved to Omaha where he was admitted to the bar, but did not practice. He engaged in farming. The first territorial legislature commissioned him brigadier general in command of forces raised to conduct a defense against the Indians, who were then very troublesome. The next legis- lature made him major-general of the two divisions formed for this service. . For six years he carried on this service of protecting the pioneer residents of the state. Twice he had to conduct campaigns against the Paw- nees, the last time on the Elkhorn in 1859, when he rounded the Indians up and settled the questions of further Pawnee scares. At the beginning of the Civil War General Thayer applied to the secretary of war and asked for a regiment to be assigned to Ne- braska. Upon the granting of that request, he raised a regiment of 1,000 men in a new territory which had only shown a population
of 28,841 in 1860. Commissioned as Colonel of the 1st Nebraska Regiment, he immediately reported to General Frémont, in St. Louis. He was made brigadier-general for services in the battles of Donaldson and Shiloh, and later was made major-general by brevet. He had various other commands through the war, and at the close of the war returned to Ne- braska. He was a member of the first con- stitutional convention. He was one of the first United States senators from Nebraska, chosen in 1867 and serving for four years. In 1875, General Grant, then President, with whom General Thayer had formed a very cordial friendship, appointed him governor of the territory of Wyoming, which position he occupied for three years and nine months.
While he was residing in Hall County, in 1886, General Thayer was elected governor of Nebraska. He served two full terms. After the election of 1890 the discovery was made that James E. Boyd, who had been elected governor on the Democratic ticket, was of foreign birth and had come with his father to Nebraska as a minor, and it was contended that as neither his father nor he had taken out naturalization papers, he was not eligible to occupy the office. Governor Thayer, acting upon legal advice, declined to turn the office over to Boyd, and claimed to be governor de facto and de jure until a successor was elected and duly qualified. On trial upon a writ of ouster the supreme court of the state upheld Governor Thayer's con- tention. Upon appeal of the case to the federal supreme court that body reversed the state court's decision, and in accordance there- with Governor Thayer turned over the office to Governor Boyd. This controversy was of peculiar interest to Hall County inasmuch as Governor Thayer had been elected from this county, and Governor Boyd had been a resident of Buffalo County, just across the west line from Hall, and the "Jim Boyd" ranch is almost as much a part of the early history of Hall as of Buffalo County.
General Thayer in 1843 had married Mary Torrey Allen, daughter of Rev. John Allen. They had six children. Mrs. Thayer died
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in September, 1892, at which time General been living at Omaha, Nebraska, but who Thayer retired to private life and devoted himself to literary pursuits. In 1879 he was elected department commander of the G. A. R. of Nebraska. He died March 19, 1906.
LIEUTENANT GOVERNOR O. A. ABBOTT, SR.
Hall County possesses the distinction of having furnished to the state its first lieu- tenant-governor, O. A. Abbott. Mr. Abbott had already served in both the constitutional. conventions of 1871 and 1875 and was fairly well grounded in the fundamental law of the state. He was one of the small body of men who took the final burden of framing the 1875 constitution in the form it emerged from the convention. As Governor Garber was absent from the state quite a good deal, Lieutenant-Governor Abbott was acting gov- ernor of the state during his term even more than the lieutenant-governor usually is called upon to act. In that way the title of Gov- ernor fastened upon him, and now forty years after his term of service he is always spoken of as "Governor Abbott." Arriving here in 1867, Governor Abbott was the only resident member of the Hall County bar when the first district court was held for Hall County in 1868, and after fifty-two years of practice of law in this county he is still hale, hearty, and active in his practice. A more extensive biography of Governor Abbott ap- pears elsewhere in this volume.
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