USA > Nebraska > Hamilton County > History of Hamilton and Clay counties, Nebraska, Vol. I > Part 71
USA > Nebraska > Clay County > History of Hamilton and Clay counties, Nebraska, Vol. I > Part 71
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The 1910 official census gives three towns with a population less than 100; six between 100 and 304, the five larger towns, all cities of the second class as having over 1,000, being Sutton, 1702, Harvard, 1102, Edgar, 1080, Clay Center, 1065, and Fairfield, 1054.
Additional to these, there are three grain and stock stations, giving seven- teen grain and stock stations and markets in the county of twenty-four miles square with others just across the line in other counties, so it will be seen that market- for all purposes are close at hand.
THE NEXT FIFTEEN YEARS
At this point, the compiler is constrained to divert from Mr. Barbour's memoirs and research, and insert some of the important steps in the govern- ment of the county shown by the records of the fifteen years, elapsing between 1875 and 1890, which brings the county affairs down to a comparatively modern atmosphere and past the more formative period, but facts which were compiled and arranged from the county records by other parties, and are not attributable in style, accuracy or viewpoint to Mr. Barbour.
In February, 1874, the commissioners of Lancaster County were notified to return all poor people, residents of Clay County, to Clay County, or in default, 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 assess- ment 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 Maltby Avenues. In July, 1874, the tax levy for State purposes was 7 mills, and for county general sinking and bridge funds, 12 mills, with a land road tax of $4 per section, a pol. tax of $2, and a dog tax of $1 and $2. A special 4 mill tax was levied in Little 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
618
HISTORY OF CLAY COUNTY
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 January 5, 1875, a resolution was presented by Ezra Brown, point- ing 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 justice 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 township, and all numbered from one to sixteen; Township 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 aid- ing the Sutton Mill Company by the issue of $5.000 10 per cent bonds was sub- mitted to the people of precinet No. 8. Township 7, Range 5, April 6. The town of Edgar was incorporated March 15, and on April 19 names were given to the several townships, as follows: School Creek, Township 8, Range 5; Lincoln, Township 8, Range 6; Harvard, Township 8, Range 7; Leicester, Township 8, Range 8 : Scott, Township 7, Range 8; Lynn, Township 7, Range 7; Lewis, Town- ship 7, Range 6; Sutton, Township 7, Range 5; Sheridan, Township 6, Range 5; Marnall, Township 6, Range 6; Lone Tree, Township 6, Range 7; Glenville, Township 6, Range 8; Spring Ranche, Township 5, Range & : Fairfield, Township 5, Range 7 ; Edgar, Township 5, Range 6; Logan, Township 5, Range 5.
The tax levy for 1875 amounted to almost 712 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 distriets 1, 59 and 11; 20 mills in distriets 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 only districts in which school taxes were levied in 1875. The build- ing of two bridges over School Creek, one between Sections 1 and 2, Township 8, Range 7, one on Liberty Creek, Township 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, Township 5, Range 5, and one on Sections 22 and 23, Township 6, Range 7, were authorized.
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 pre- seuted 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 following chapter. O. P. Alexander was appointed sheriff in December, 1875, vice Dinsmore resigned to succeed F. M. Brown as county elerk.
The tax levy ordered in July, 1876, shows 734 mills for State purposes and
619
HISTORY OF CLAY COUNTY
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 construction of several iron and wooden bridges was authorized. In October, M. Estes, E. H. Birdsall, J. D. Bain, V. L. Carr, Lyons Brothers, C. K. Morrell, Orlo W. Birmingham, Henry Keller, H. H. Disbrow, Louis Stien, W. A. Farmer, J. W. French, J. W. Jacobson, T. J. Dowd, J. Geohring, 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 (ex- cept 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. In November Thomas W. Brookbank, superintendant of schools, resigned and J. R. Maltby was appointed.
The tax levy for State purposes made in July, 1877, was 103/g mills and 11 mills for county purposes. The school district levy did not exceed 25 mills, and there is no record of poll, land, road or dog tax made. In November the question of township organization was submitted. In January, 1878, Flavius Northrop qualified as commissioner, vice C. M. Turner retired; and E. B. Howard suc- ceeded Dinsmore 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 received from A. E. Tonzalin, land commissioner of the Burlington & Missouri River Railroad.
Lincoln, Neb., Feb. 4, 1878.
Ezra E. Howard, Esq., Sutton, Neb.
Dear Sir: Your letter is received. We will waive notice in the matter of which you speak, and take no advantage thereon of the non-serving of the same. I would like to say to the officers of Clay County, that if the system of paying for school bonds is allowed to be carried out, 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 serious injury to the county, and prevent the occupation of the railroad lands therein. The interest of the county and the company are mutual in this matter, and we hope that you will act with us in gettting 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.
Vol. 1-40
620
HISTORY OF CLAY COUNTY
On August 19, 1878, a petition by P. M. Colvard and 602 others praying that the liquor license be reduced to $50 was met by a remonstrance by Miss Alice Houlgate and 106 others, and A. L. Lamont and 642 others against reduction. The commissioners fixed the fee at $33 per annum, and the 750 remonstrants were happy.
On January 13, 1829. W. R. Hamilton, R. Bayley and Flavius Northrop took their seats as commissioners. The canvas 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 received three-fifths of all the votes cast, a new election was ordered to be held February 20, 1829. Clay Center. Harvard and Suttor being the competitors. It was further ordered to submit the question of levying a 3-mill tax in 1879 and 1880 for the purpose of creating a court house and jail fund. This election was duly held, but only 1,937 votes were cast, of which Clay Center re- ceived 1,376, or more than three-fifths vote. On April 1 the commissioners declared Clay Center to be the seat of justice, 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 clerk was ordered to advertise for bids to erect a $7,000 county building, before the ink with which the agreement for the first building was written was dry.
ON COUNTY SEAT CONTESTS
Considerable has already been said concerning the various county seat contests, which kept Sutton on the defensive from the very beginning until the "prize" was finally awarded to a new-born community in the center of the county. Before this period of the development of the county, or the narrative of its governmental affairs is entirely passed by, it is not amiss to divert and give still another viewpoint of this struggle, such as given to the compiler by Robert G. Brown, and setting out perhaps from still another angle, the "Sutton view- point"; Mr. Barbour has already touched upon the motives that prompted Sutton to hold on as long as possible and Harvard to desire, whether she could hold the prize permanently or not. The first election on August 14, 1875, wherein Sutton, Harvard, Fairfield and the center of the county has already been treated resulted in nothing final. The law then provided that where three or more places were voted upon, the three receiving the greatest number of votes should be the places submitted to the vote of the people at another election, and the two receiving the greatest number at this election should be voted upon at still an- other contest, and the one then receiving three-fifths of the vote cast should be the county seat.
Accordingly, Sutton, Harvard and Fairfield were the points submitted at an election held on September 20, 1875. On the count of the vote, that of Edgar Precinct, in favor of Fairfield, was thrown out for fraud. The vote was recan- vassed October 5 by a board composed of J. B. Dinsmore, Cyrus Stayner and E. P. Burnett, and on a mandamus sned out by citizens of Harvard, the vote
621
HISTORY OF CLAY COUNTY
of Edgar Preeinet was counted, the vote standing : Sutton, 497; Harvard, 391; Fairfield, 355. Another election was necessary to decide the matter between Sutton and Harvard, which was held on the 7th of November, 1876, and stood as follows: Sutton, 606 votes; Harvard, 802; neither place receiving three-fifths of all votes cast, no removal was effected. The attempt to remove the seat of government was not again made until January 9, 1879, at which time no change was effected. The law had been changed and now required that the place for which the highest number of votes was east should be the county seat.
Another election was held February 20 of that year, and, upon the count of the vote by the election board, the vote of Harvard Precinet was thrown ont on general principles of frand, and because the returns were not good returns, not being certified and sworn to by the Judges of the Election, as is required by law, and for other informalities.
Harvard's enemies were jubilant over this result, and the County Commis- sioners made declaration that the county seat was at Clay Center, ordering the county offieers to remove their offiees, records, etc., to that place. In obedience to this order, all went, except E. P. Burnett, County Judge, who refused.
On July 14, 1879, John M. Mills filed letters of impeachment before the Commissioners against Judge Burnett, for his refusal to comply with the order made by that body. A summons was served upon Burnett to appear before the Commissioners and show cause for his non-removal. Burnett filed a long answer, setting forth his reasons for refusing. This, however, did not serve to satisfy the judgment of the Commissioners, and accordingly, on the 22d of July, 1879, Judge Burnett was impeached from office. The office of County Judge was then de- «lared vacant, and W. S. Prickett was appointed to fill the unexpired term. Soon after this action of the County Commissioners declaring the office of County Judge vacant, a mandamus was issued by the Supreme Court compelling the County Clerk to remove his office and records back to Sutton. The Clerk obeyed this order, and the other eounty officers who had taken up their abode at Clay Center followed him and removed back to Sutton.
At the next meeting of the Board of County Commissioners held at Sutton about September 1, 1879, they passed a resolution expunging from their records the record of all proceedings against Judge E. P. Burnett; whereupon the Judge took possession of his office and records that had previously been ordered from him.
After the county seat had been declared to be at Clay Center, a party of men with teams and wagons proceeded to Sutton on a Sunday night, seized the county records, the Treasurer's safe, ete., loaded them into the wagons and took them to Clay Center, in the art of doing which one of the party lost a horse, having died from over exhaustion. Great rejoicing was indulged in over the result, by those friendly to the change, while the defeated Harvard party remained dejected and crestfallen. On the 31st of October, 1879, a celebration was held in Clay Center, a barbecue was prepared, speeches were made, songs were sung, bands of music played the march of victory and the day was spent in general jollification.
The detailed vote, by precinets, as shown by the county records. in these various elections, is a matter worthy of permanent record, so is herein incorporated.
6.2
HISTORY OF CLAY COUNTY
The vote at the first of the series of county seat elections for August 14, 1875 was as follows :
Sutton
Harvard
Fairfield
Center of County
School Creek.
83
...
. . .
1
Lincoln
21
44
.
Harvard
126
...
.
Leicester
41
. . .
. ..
Scott
62
. . .
.
. .
Lynn
53
1
12
Lewis
19
15
12
Sutton
169
2
. ..
1
Sheridan
10
. ..
9
Marshall
2
.. .
17
23
Lone Tree
36
Glenville
3
57
. . .
Spring Ranche
3
68
. . .
Fairfield
87
. ..
Edgar
..
7
15
40
Logan
...
. ..
Total
313
349
282
146
The vote of the next County Seat election September 20, 1875, with John B. Dinsmore, E. P. Burnett, Cyrus Stayner, clerks, was as follows :
Sutton
Harvard
Fairfield
School Creek
76
. ..
. . .
Lincoln
30
55
Harvard
127
Leicester
50
1
Scott
69
5
Lynn
62
12
Lewis
28
19
1
Sutton
227
C
1
Sheridan
45
.. .
Marshall
17
1
30
Lone Tree
43
Glenville
1
60
Spring Ranche
3
67
Fairfield
..
43
1
33
Logan
29
1
12
Total
497
391
355
...
. .
. .
..
90
Edgar
2
41
HISTORY OF CLAY COUNTY
The vote of the next County seat election January 9, 1879, with L. R. Grimes and B. R. Roya as clerks, was as follows :
Clay Center
Harvard
School Creek
117
8
Lincoln
7
106
Harvard
1
504
Leieester
115
Scott
105
Lynn
10
103
Lewis
56
32
Sutton
404
4
Sheridan
79
Marshall
70
1
Lone Tree
57
1
Glenville
48
21
Spring Ranche
62
8
Fairfield
145
7
Edgar
166
. .
Logan
71
. . .
Total
1293
1015
The result of the February 20, 1879, election was:
Clay Center
Harvard
Logan
77
Edgar
185
3
Fairfield
162
5
Spring Ranche
77
3
Glenville
56
17
Lone Tree
63
5
Marshall
71
Sheridan
77
Sutton
421
4
Lewis
48
41
Lynn
11
102
Seott
95
Leicester
170
Lincoln
5
107
School Creek
121
9
Total
1376
561
This election was nullified by the vote of Harvard being thrown out.
621
HISTORY OF CLAY COUNTY
The vote of the final county seat election upon November 4, 1879, with Ezra E. Howard, L. R. Grimes and Martin Clark as clerks, was as follows:
Clay Center
Harvard
School Creek
143
14
Lincoln
30
120
Harvard
1
1064
Leicester
1
226
Scott
2
113
Lyn
7
134
Lewis
45
72
Sutton
878
8
Sheridan
87
2
Marshall
95
2
Lone Tree
68
17
Glenville
58
36
Spring Ranche
69
20
Fairfield
164
34
Edgar
243
5
Logan
76
. . .
Total
1967
1867
SUTTON'S RELINQUISHMENT OF HOPE
Mr. Robert G. Brown, in looking back upon still further phases of the protracted county seat struggle, recalls that by the time the 1879 campaigns started the people of Sutton had become convinced that the county seat "prize" would go to the very persistent and energetic Harvard unless "the center of the county" should eventually win out. Whereupon Sutton citizens, led by Mr. Brown, set out to induce the homesteaders in the vicinity of the present Clay Center to a have a town surveyed and platted there and give it a name, so Sheriff O. P. Alexander was prompted to assist, eighty aeres were surveyed and Clay Center was started. It was not desired the "hand of Sutton" appear openly, so the names of parties from elsewhere in the county were pressed forward as the sponsors for the new community. Brown went to Harvard and got Flanagan, the county surveyor, and they drove down to Clay Center and chose the ground. It was in the season of heavy snows; they went to a neighbors and secured some laths and sticks that could be stuck in- the snow drifts, and then returned to Harvard, from whenee Brown returned home by train. Mr. F. A. Kyle was secured to make a map of this new Clay Center, and Mr. Alexander signed and dedicated the townsite and filed the płat with the county clerk. Thus Clay Center came into existence, with the county and county property devised and bequeathed to it so far as Sutton could direct. While the succeeding contests started out nominally with Har- vard, Sutton and Clay Center as contestants, Fairfield having already sur- rendered hopes, Sutton soon dropped out and left the final contest between Harvard and Clay Center, with Sutton assisting to stack the cards against Har-
625
HISTORY OF CLAY COUNTY
vard, and while it thereby lost the county seat, it may have materially assisted in saving some of its commercial strength from going to Harvard.
In some of the county seat elections the size of the vote polled was rather difficult to reconcile with the population of the county and various communities at that time. Mr. Brown recalls one election in which Harvard polled some 1,100 or 1,200 votes, a number greater than her population was in those days. Sutton polled around 800 or so, being also more than she could legitimately show in population, and the returns would indicate that the balance of the county also had the "stuffing" habit when feeding the ballot boxes.
COUNTY SEAT LEAVES SUTTON
The hauling of the county records in wagons to Clay Center has already been recounted. But before leaving this point, we might still farther divert to inelude Mr. Brown's reminiscenee of the establishment of the first eounty building at Sutton. When the establishment of the county had been completed in October, 1871, there was no county building in which to do business. Robert G. Brown thereupon built a little "shack" of an office building, as his brother had been appointed county clerk and he soon assumed the office of county treas- urer himself, and rented it to the county. This building was about 300 feet east of where he later maintained his office, and about where the residence of Gus Bender now stands in Sutton. Being a two story building, the second story was used as a courtroom, with the offices downstairs, and when the county seat was removed to Clay Center it no longer remained the "county govern- mental home."
Mr. Brown narrates another little incident which is colorful of political problems of the earliest days. The first political caneus was attended by A. K. Marsh, F. M. Brown, J. R. Maltby, A. A. Corey and R. G. Brown, who chose Sutton as the county seat, and took upon themselves to name the first ticket of county officers to be submitted to the people of the county. All of that ticket there named was elected, but Hollingsworth, the county treasurer-elect, refused to qualify, as personal security for the bond was necessary, and R. G. Brown was thereupon slated for the treasurership. He had purchased a lot which made him a freeholder in order to sign the official bonds. French signed Brown's bond and then French and Brown together being the only freeholders handled the bonding matter together. The lot purchased by Brown of French for lay- ing the foundation for these maneuvers is represented by the deed recorded in Book One at Page One, of the Deed Records of Clay County.
THE EARLY EIGHTIES
Returning to the county governmental activities of 1879, and the early eighties, we find among other interesting events :-
That on May 5, 1879, Commissioner W. R. Hamilton made the following resolution in regard to counting the Harvard vote in a late eounty seat election : "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
626
HISTORY OF CLAY COUNTY
canvassers, and whereas it appears that a pre-emptory writ of mandamus has been granted by the supreme court of the State to Ezra E. Howard, elerk of said county, commanding him to forthwith eall to his assistance two disinter- ested electors, and re-eanvass and abstract the entire vote cast at said election, ineluding 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, therefore, be 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 suit of L. A. Payne vs. R. Bayley was commenced, and a special June term asked for by the county commissioners, to hasten judgment in the cause. On May 21, the last meeting 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 eom- plaint 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 eounty 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 grant- ing $12,000 aid to the Nebraska & Kansas Railroad Company for building a road from Edgar to Superior.
On September 1, 1879, the commissioners met at Sutton, when E. P. Bur- nett was re-appointed county judge vice W. S. Prickett, resigned, and a reso- lution was adopted ordering that the record of proceedings in the case of his impeachment be expunged or erased, and that he be given possession of books, etc., belonging to the office. The meeting of September 15 and October 7 were also held at Sutton. On the latter day bids for a $1,000 poor-house building 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 hoard de- clared 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 courthouse and jail and poorhouse were re-advertised for in the Edgar Review and Fairfield News. On December 15, W. D. Young contracted to build the poorhouse. 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 clerk, 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. MePeak. 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 cents per foot was accepted. On February 6, George E. Birge was appointed to make an examina- tion of the treasurer's books, from the beginning of the county to January 10, 1880, and on June 24, D. M. Leland was appointed superintendent of courthouse construction. W. D. Young was building contractor.
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