History of Hamilton and Clay counties, Nebraska, Vol. I, Part 70

Author: Burr, George L., 1859-; Buck, O. O., 1871-; Stough, Dale P., 1888-
Publication date: 1921
Publisher: Chicago : The S.J. Clarke Publishing Company
Number of Pages: 886


USA > Nebraska > Hamilton County > History of Hamilton and Clay counties, Nebraska, Vol. I > Part 70
USA > Nebraska > Clay County > History of Hamilton and Clay counties, Nebraska, Vol. I > Part 70


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).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93


Mr. Barbour's complete treatment of the county government to a period within a decade ago leaves but little to bring it down to date, and this has been done by the insertion in brackets of the officials of the past deeade.


This narrative is a distinct contribution to the county's history which demonstrates how fortunate it is that a few members of each generation will record events while they are yet fresh in mind.


I have been asked by the editors of the Courier to write somewhat of the early history and doings of the first settlers of Clay County, and if I do this I desire to make a record of things mentioned relating to first events that are reliable and worthy to be retained as part of the record of one of the best counties in Nebraska : and to do this, I must crave the assistance of others in the securing of facts written on.


Bill Nye, in his Comic History of the United States, says, and William says some very true things in his own amusing way, that: "Facts in a nnde state are not liable criminally any more than bright and beautiful ehildren commit a felony by being born thus; but it is the solemn duty of those having these chil- dren in charge to put appropriate, healthful and even attractive apparel upon them at the earliest possible moment." Continuing, William says, "It is thus with faets. They are the framework of history, not the drapery. They are like


HISTORY OF CLAY COUNTY


the cold, hard, dishevelled, damp, and uncomfortable body under the knife of the demonstrator, not the bright and bounding boy, clothed in graceful garments and filled to every tingling capillary with a soul."


It is somewhat in keeping with these thoughts. that we undertake the writ- ·ing of a series of letters for The Courier, that have to deal with the early history of this county, for it is from the early settler, and the musty records of more than forty years that we must gather the information desired.


To aid us in this work, we earnestly ask that the early settlers and others knowing of such information should send us "cold hard facts" worthy to be retained as history, and we will undertake to. "so dress them," that they will make a ereditable appearance in the archives of history, and though historical facts are usually dry and hard to digest. will be reasonably palatable to the reading public.


The present Clay County is the second county by that name organized in Nebraska. The first, was by an act approved March 7, 1855, special laws of Nebraska, as shown by statutes of 1855 on page 343. as I was some years ago advised by Alexander Schlagal, draftsman in the office of Commissioner of Public Lands and Buildings.


This county was divided by aet approved February 16, 1864, the south half attached to Gage and the north half to Lancaster counties, as shown by record found on page 255, laws of 1864. as I am further advised.


The first effort to organize the present Clay County, was May 17, 1871, when acting Governor James issued his proclamation calling for an election to be held at the residence of Luther J. Keeney, on S. E. quarter, Section 24, Town- ship 8, Range 7, for the organization of Clay County, and the election of officers.


Harvard and Sutton were the two contesting towns for the county seat, and it was but natural that each should use its best endeavors to secure this coveted prize as a leading factor in the building of a good town on this wild unbroken prairie, although Sutton could not expect always to enjoy its keeping. being six miles from the north line and about one and one-half miles from the east line of the contemplated county line, while Harvard had no sure thing of holding it if seenred, when the county became fully settled; still immediate benefits were considered worth the trying by friends of each place, with Sutton seemingly in the lead.


As the story has been told me, Judge Lamont, the County Judge of Hamil- ton County, was the nearest officer before whois the judges and clerk- " election could go to make oath of office, and that when they reached the log house of Judge Lamont on his homestead. the Judge had been called by "im- portant business" to Grand Island, and there was no person before whom the necessary oath of office could be made.


I am also advised, that the party conveying these persons who had anti- cipated presiding at the birth of our county as judges and clerks of election, "made haste slowly" as a part of the plan to consume the day, in his windings along the hills and canyons of the Little Blue, so much so that when the party returned to the place where the election was to have been held, the election could not have been held had the officers qualified, as the day had been well spent in their pilgrimage to find an officer to clothe them with official power. Just how much fiction my informant put in this narrative I do not know but the fact


HISTORY OF CLAY COUNTY


remains that the election was not held, and the celebration over the securing of the county seat was deferred.


The second effort to organize the present Clay County was more successful and took place the following September, when acting Governor James again issued his proclamation as follows:


PROCLAMATION TO ORGANIZE CLAY COUNTY


State of Nebraska, Executive Department.


Whereas: A large number of the citizens of the unorganized county of Clay, have united in a petition asking that an election be called for the purpose of choosing county officers preliminary organization of said county, therefore 1. William H. James, acting governor of the state of Nebraska, by virtue of the authority vested in me, do hereby order that an election be held in said county at the residence of Alexander Campbell, in Section 6, Township 7, Range 6, on Saturday, October 14th, A. D., 1871, for the purpose of choosing three county commissioners, one county clerk, one county surveyor, one county treasurer, one sheriff, one probate judge, one county superintendent of schools, one coroner, three judges of election, and two clerks of election.


I do hereby designate and appoint J. R. Maltby, Alexander Campbell, H. Manchester, as judges of election and S. I. Davis and Chris. Calkins, as clerks to conduct said election in accordance with an act for the organization of counties approved June 24th, 1867, and the election laws of this state.


In witness whereof I have hereunto set my hand and caused the great seal of the state of Nebraska to be affixed this Eleventh day of September, A. D., 1871.


WM. H. JAMES, Acting Governor.


BY WM. H. JAMES, Secretary of State.


Agreeable to this call, the election was held with the following results: Commissioners, A. K. Marsh, 55 votes; P. O. Norman, 55; A. A. Corey, 55; F. Shaw, 33; M. L. Latham, 33; G. W. Langford, 33; and C. H. Calkins, 2 votes. Elected : Marsh, Norman and Corey.


For county clerk : F. M. Brown, 55 votes; F. M. Davis, 33. Elected : Brown. County treasurer : J. Hollingsworth, 54 votes; S. C. Sloat, 33. Elected : Hol- lingsworth. County judge: J. R. Maltby, 54 votes; L. J. Keeney, 16; Ezra Brown, 12. Elected : Maltby. P. T. Kearney was elected sheriff; R. S. Fitz- gerald, surveyor, and James Schermerhorn, superintendent of schools, by the same corresponding vote, while Sutton gained the county scat by 23 votes over all cast, the vote being as follows: Sutton, or as voted on, Section 2, Township 7, Range 5-56 votes. Geographical center Clay county, 24 votes. Harvard, or as voted, Section 34, Township 8, Range 7 west-8 votes. Section 8, Town- ship 5, Range 8-1 vote. A total of 89 votes on this question.


If this vote has been correctly given us, it would appear that one more vote was cast for the location of the county seat than for the election of officers on highest vote, and as much interest was felt in this first election the total vote


612


HISTORY OF CLAY COUNTY


should fairly represent the legal voters in the county at this time, offsetting the "reciprocity vote from other counties" that is reported as coming over their county line to assist the Clay County voter, for the stay at home voter in the county.


Let us pause a moment and consider some of the conditions under which this the first election was held when Clay county was cut out of the unorganized territory of Nebraska, and given place in her list of counties, a county that has already accomplished so much and destined to ever make a record worthy its name, whose influence has long been felt in the department of state, whose sons and daughters born within its confines, educated in our schools and borne the privations of pioneer life, have gone out beyond its borders and taken places in the educational and business world, side by side and shoulder to shoulder with the best in any state.


The home of Mr. Campbell where this election was held has been described to me by him as being 11x16 feet, and eight feet high with shingled roof and a common board floor, the sides covered with twelve-inch sheeting that had shrunk one-half inch or more apart, without inside or outside covering and through which came the cold wind and snow-flakes of a most unpleasant and chilly day.


At one side of the room and near the door stood a rude table around which sat the judges and clerks of election, while in another part of the small room, trying to keep warm by the fire of the stove was Mrs. Campbell and children with some of the neighboring women.


The table on which the clerks kept their records was made of pine boards with ash legs ent from small ash trees by Mr. Campbell, as he came from Lincoln with lumber with which to build this little house where he had purchased it and brought it to this claim by team, a distance of more than eighty-five miles by wagon road, while two or three small windows put in in primitive manner, gave necessary light to this pioneer home and enabled the clerks to record the vote that was handed in through the partly opened door.


It was under these conditions that Clay County was organized and became an active part of the great state of Nebraska, and its first officers were elected to open out the business records connected therewith by the eighty-nine voters who came on foot, in heavy farm wagons and on horseback from the rude homes in the dug-out, the sod house and the rudely constructed lumber habita- tions on this bleak October day by the act of their ballot through the partly . opened door after the signal to open had been given.


"How mighty is our ballot This emblem of the free. America's tribute to her sons Emblematic of their liberty."


In 1912 Mr. Campbell still resides on this or adjoining land where this election was held, having never removed therefrom except it may be for tempor- ary purposes for a short time, and now has one of the best farms and surround- ings in Clay County, and where he and Mrs. Campbell are over ready to extend to their friends a most cordial greeting at their pleasant home, three and one-half miles east from Harvard.


We elose this letter with the thought, that while Clay County was being


61:


HISTORY OF CLAY COUNTY


"born" Chicago was being "burned" by the unkind act of the domestic cow the evening before in her effort to "lift the lantern with her foot."


Next we will go somewhat further in the completion of the structure of county organizaton by the appointment of officers, and other incidents first taking place in the great list of events of their kind that largely will not cease to go on during the eternity of time in which the wheel of county organization shall continue to perform its mission of protecting the right of citizenship of our county.


As suggested previously A. K. Marsh, P. O. Norman, and A. A. Corey were elected first county commissioners and composed the legislative body to conduct the business of the county.


November 4th, 1871, twenty-one days after the organization of the county, the first commissioners' meeting was held at which time A. K. Marsh was elected chairman of the board.


At this meeting the county was divided into three commissioner districts, or perhaps we should be more explicit and say three precinets, as at that meeting it does not seem clear that each commissioner had a well defined district having been elected without regard to districts they acted generally regardless of location.


These districts were organized by town and range numbers, but for the better information of our readers, we will give present precinct names. Harvard precinct was made up of what is now known as Harvard, Lynn, Inland, Leicester, and the west half of Lincoln and Lewis precinets. Little Blue precinet com- posed Glenvil, Spring Ranche, Lone Tree, Fairfield, and west half of Edgar and Marshall precincts. School Creek precinet took in Logan, Sheridan, Sutton, School Creek and the east half of Edgar, Marshall, Lewis and Lincoln precincts.


These precinets were designated election precincts, and the first general election was held for the county in the fall of 1872. The place where the election was held, and the judges and clerks of election, were designated by the com- missioners.


To make provisions for the granting of saloon license seemed somewhat in- perative, as at this meeting the license for the sale of liquor was placed at $25.00 for six months, $40.00 for one year, and at the next meeting, held November 11th, the bond for saloon keepers was made $1000. In this connection I will say. that the records show that at the meeting of the board, held May 25. 1872, a change was made as per the following wording: "On motion of Mr. Corey, the resolution adopted November 4th, 1871, to regulate the tax on liquor dealers, was rescinded."


"On motion of Mr. Norman, the tax to be imposed on liquor dealers. shall be one hundred dollars, for one year, and sixty dollars for six months. anything to the contrary notwithstanding."


One might reasonably infer that at that early period in our county's history. the license question received close consideration, and this change made after a sharp discussion by the powers creating it, though we find no mention of the granting of saloon license till April 3rd, when three were granted.


Special sessions of the board of commissioners were held after this meeting on November 4th, on November 11th, 18th, 25th, December 4th, and 16th and meeting on January 2, 1872.


HISTORY OF CLAY COUNTY


At these meetings, seemingly as fast as the commissioners could do so. the machinery for the management and transaction of the business of the county was put in action by the appointment of officers and other necessary proceed- ings, and would indicate that the men in charge performed well the work assigned them and understood the work required to complete the organization of the county, some of which we will mention in the order of their doings.


After dividing the county in three precincts for election and other purposes, it then became necessary to provide them with officers, and we find the following were appointed to various places.


For Harvard precinct, Ira F. Pearsall, justice of the peace; Charles E. Canfield, assessor ; Frank Cheney and Bradford Stone, constables, were appoint- ed November 11th ; and W. Cunning, constable for School Creek, at same meet- ing.


December 4th. A. K. Marsh was appointed justice of the peace for School ('reek, and R. G. Brown county treasurer in place of Hollingsworth, who had failed to qualify.


Lonis N. Bryant and Albert S. Nobel were appointed constables for Little Blue precinct, November 4th, and on January 2nd, John Royce was appointed constable for Little Blue, evidently in place of one of these not qualifying, names not given.


November 11th, clerk instructed to demand from the clerk of Fillmore County, the tax list and any money he might have from licenses issued in Clay County.


December 16th, six road distriets were made by the commissioners, and the justice of the peace was made supervisor of roads in the district where he lived.


January 2nd, county clerk was given a salary of $300 for years 1871 and 1872 which was afterwards increased to $400, by a reconsideration of the motion at their meeting on April 15, 1872, and this sum allowed.


In February, 1872, A. K. Marsh was appointed to proceed to Fillmore County and settle with the commissioners thereof, and W. W. Sellich 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.


At this meeting of April 15, bills for the first assessment of Clay County were allowed as follows: John C. Merrill, School Creek precinct, $66.00; J. W. Langford, Little Blue precinct, $54.00; and Charles E. Canfield, Harvard pre- cinet. $39.00.


The question of calling an election to vote on the question of issuing bonds to aid in the building of the St. Joseph, Denver City R. R., was before the board, and a special election called for May 21, 1872, at this meeting.


March 2nd, a room was rented from R. G. Brown, for use of commissioners' meeting, the county clerk, and county treasurer at ten dollars per month to include fuel, and to date from December 15th, 1871.


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. Bryant took Thayer's place. R. S. Fitzgerald was appointed commissioner to loeate all roads "hereafter petitioned for." At this time $5 was paid for handcuffs for sheriff's use; Martin Clark was allowed $1.75 for medicines supplied poor per- sons, and $16 was appropriated to build a bridge in School Creek at county line;


615


HISTORY OF CLAY COUNTY


while $25 was appropriated to build a bridge at Sutton (after rescinded) and $631.55 was paid Acres & 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 anthorized: State school, 2 mills; State general, 21/2 mills; State sinking, 1 mill; university, 14 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 surverying 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.


April 13, I. N. Clark allowed five dollars for handcuffs for use of sheriff which seem to be the first of this class provided.


The first money voted for bridges seems to have been April 3rd, 1872, when three were ordered across School Creek, the sum of sixteen dollars each allowed for two and twenty-five dollars for the other.


The first tax levy seems to have been made July 1st, 1872, when the fol- lowing were made: State school, two mills; State general, 21/2 mills; State sink- ing, one mill; State University, 14 mill; County general, six mills; County sink- ing, one mill; County court house, one mill; bridges, two mills each on the one dollar valuation.


The levy for this year of 1912 contemplated an expenditure of $43,000 for county use as follows: General fund, $27,000; bridges, $12,000 and roads, $4,000.


Additional to this is our state and local schools and city taxes. For state and county purposes alone the levy is eleven mills, and contemplates raising of around $80,000. 1912 assessed value of the county is personal $1,316,034 and for real estate $1,094,145. Multiply these figures by five to get actual value as found by assessors.


On assuming the duties of their office, the commissioners decided by lot the length of time each should serve, the "long straw" going to A. K. Marsh by a three years service, P. O. Norman getting the two years, and A. A. Corey, the one year.


At the general state election held in October, 1872, M. L. Latham was elected to succeed Corey, who took his office in January, and on his resigning in May, 1873, Ezra Brown, was appointed in his place.


Later in the season P. O. Norman resigned and John B. Dinsmore served out his unexpired time of a few weeks, under the appointment by the board of commissioners. Louis Thayer was appointed surveyor, vice R. S. Fitzgerald de- ceased.


The May election in '72 called to vote bonds in aid of the building of the St. Joseph and Denver City Railroad through the south part of our county, since known as the St. Joseph & Grand Island, called out a sharp contest and were defeated by a large majority, but the objective point for some years be- ing Hastings, the road was built and while enjoying for many years a light business, was the primary influence that has made Hastings what it is as a railroad center having brought men of means and influence there, making it


HISTORY OF CLAY COUNTY


what we believe it will ever remain, the leading city west from Lincoln, in the South Platte country.


Hastings was not a Burlington Railroad town, and they used their best endeavors to prevent giving it recognition, and we well recall the urgent demand in the fall of '72, sent to Murphy's men employed in building the bridge across the Platte river at Kearney, to go to Hastings and assist in preventing the St. Joseph from crossing the Burlington tracks, but they got in their crossings, as railroad companies do, and later the Burlington found it to their interest to build a station. The county seat was removed from the Burlington town of Juniata, to Hastings, and general peace and prosperity has seemed to generally "smile" on the united influences of all classes to make Hastings what we see it today, a ·ity of some 10.000 people, the exact number by the census being 9.338.


April 2. 1822. commissioners show the appointment of Louis Thayer. Rich- Bailey and John W. Royce as first judges, and George W. Noble and Daniel W. Evans, elerks of election for Little Blue, and Ezra Brown, J. W. Sargent and F. M. Davis judges, and Isaac JJ. Starbuck and S. I. Davis as clerk for Harvard, those for School Creek, not being given.


December 16th, 1872, James S. Schermerhorn was allowed $4.00 a day for necessary time in his official capacity as superintendent of schools.


February 7th, 1872, Thurlow Weed was paid fifteen dollars by warrant No. 7, for money loaned the county, and J. R. Maltby, thirty-five dollars house rent, wood, ete.


July 2nd. 1872, P. T. Kearney was allowed twelve dollars and twenty cents for money expended in telegraphing after prisoner in murder case. W. F. McBride, was allowed one hundred seventy-five dollars for boarding prisoners as jailor of Otto County, Nebraska. J. R. Maltby, county judge. $48.75 and rent from April 2nd to July 2nd and James S. Schermerhorn $90.00 for July Ist, 1872.


August 17th, 1872, A. K. Marsh was instrueted to purchase three ballot boxes for use of county, being one for each district and first bought.


November 16th, 1872, the first move was made to build a court house. by a motion instructing the county clerk to advertise for bids up to nine o'clock Saturday morning, November 30th, to build a two story wood building at Sutton.


October 1st, 1872, W. Cunning was allowed seven dollars and ten cents for holding inquest on the body of Maximilian Reed, which seems to have been the first inquest held in the county.


Two years having expired sinee the organization of the county, at the state election held October 8th, 1873, a full county ticket was nominated by the republican and democratic parties, resulting in the election of the republican ticket by good majorities, the ticket and vote being as follows, which we give to show the first tieket and closeness of the vote after the organization of the county : Ezra Brown, county commissioner, short term, 317 votes; O. G. Peck, 205; Richard Bayley, commissioner long term, 266: W. R. Stephens, 249 ; seatter- ing 16. For county elerk, F. M. Brown, 288; R. L. Garr, 230; scattering 5. County Treasurer, F. M. Davis, 36: 1. Tracy, 227; scattering 1. County Judge, E. P. Burnett, 375: Mark Pereival, 125: scattering 1. Sheriff, John B. Dinsmore, 304: Daniel Cronan, 224; scattering 2. Coroner, Martin Clark, 390; Patrick Nagle, 143.


610


THESTORY OF CLAY COUNTY


Surveyor, John T. Fleming 38; J. P. Scott, 154: J. E. Trout, 37: W. E. Crane, 30.


Superintendent of Schools, Daniel W. Garver, was elected by 375 votes over James S. Schermerhorn.


Thus early in the history of our county, one of the best tickets ever elected among the many good ones will at once be recognized by those acquainted with the men elected.


The various plats for the fourteen railroad towns in Clay County were filed in the following order :


Harvard, August 30th, 1872; Edgar, May 1st, 1873; Glenvil, August 2nd, 1873; Sutton, September 25th, 1873: Fairfield, July 11th, 1874; Clay Center, June 4th, 1879; Inland, December 29th, 1879; Saronville, November 29, 1882; Ong. May 11, 1886; Trumbull, June 2, 1886; Deweese, June 21, 1886. Verona filed as Sweeden, March 8, 1888.




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.