USA > Nebraska > Hamilton County > History of Hamilton and Clay counties, Nebraska, Vol. I > Part 72
USA > Nebraska > Clay County > History of Hamilton and Clay counties, Nebraska, Vol. I > Part 72
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The courthouse was completed November 30, 1880, and Pedro Dominiens ap- pointed janitor. Later that year John D. Hayes was appointed county at- torney, and in 1881, C. Stayner, with W. R. Hamilton and R. Bayly, formed
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627
HISTORY OF CLAY COUNTY
the board. C. J. Martin was appointed county judge August 8, vice E. P. Burnett, absent.
In January, 1882, Ezra Brown, with Messrs. Stayner and Bayly, were commissioners; Louis F. Fryar, clerk, and J. P. Nixon, sheriff. Of the com- missioners, Bayly was the only one who went through the vicissitudes of county seat wars and still held that office. In June of this year the tax levy was made 61% mills county general; 3 mills road; 3 mills bridge and 1/2 mill insane hospital, or a total of 13 mills. The additional levy in the incorporated towns was as follows: Sutton, 8 mills; Edgar, 5 mills; Harvard, 10 mills, and Fair- field, 7 mills. The number of school districts was 70, the levy running from 31/2 to 25 mills. In November the names of members of Company B were stricken from the list of poll-tax payers, and in December the contract for re- moving the old county jail from Sutton to the poor farm was sold to B. H. Corwin for $49.99, and the offer of Sutton village to pay $125 for the build- ing rejected.
In 1883 J. M. Farley, William Newton and C. Stayner were commissioners; the county bridge and road taxes amounted to 113/8 mills per dollar; the additional levy for Harvard was 9 mills, for Fairfield and Sutton, 8 mills, and for Edgar, 5 mills. Of the 70 school districts taxes were levied in all except numbers 5, 22 and 33. In September the question of township organization was ordered to be submitted to the people on November 6, that year. The vote denied the proposition, and Messrs. Newton, Farley and Fred Grosshans formed the new board of commissioners. E. P. Burnett was elected judge; G. F Dickson, treasurer, and- E. G. Groff, surveyor.
In November, 1884, the question of selling Block 24, in the town of Sutton, and with it the old courthouse, was voted upon. The property was ordered to be sold at auction in April, 1885.
John B. Dinsmore was appointed commissioner of Clay County, to exhibit products of Clay County at New Orleans. In January, 1885, Joseph Myer took Commissioner Newton's place. In August, 1885, a new wind-mill and tower were ordered to be erected in place of the old mill and tower, said to be broken and useless.
In January, 1886, the estimated expenditures for the year, for general, road, bridge and insane hospital purposes, were placed at $32,000. The tax levy made in June amounted to 10 mills per dollar; while an additional levy of 8 mills was made in Fairfield and Edgar, and a special lot tax in Harvard. At this time the judgment of the supreme court in the case of forcing the payment of $400 in 10 per cent bonds, issued by original school district No. 22, Sections 27, 28, 33 and 34, Township 5, Range 7, was discussed. A special assessment of 15 mills was made on the two first named sections, and 14 mills on the last numbered sections. On July 28, an election was ordered in School Creek, Sutton, Lewis, Lone Tree and Fairfield precinets, to vote bonds to the Kansas City & Omaha Railroad Company. The petition was signed by fifty-six tax payers, and the vote was ordered to be recorded September 2. At this time Sutton petitioned to have an election on the question of issuing $20,000 bonds. School Creek gave 129 votes for and 1 contra; Sutton, 352 for and 1 contra; Lone Tree, 187 for and 24 contra; Lewis, 132 for and 35 contra; Fairfield, 305 for and 88 contra. Spring Ranche, Lincoln, Inland and Harvard precincts
628
HISTORY OF CLAY COUNTY
petitioned on a similar question affecting the Fremont, Elkhorn & Missouri Valley Railroad, and gave almost a unanimous vote in favor of the proposition. Francis Abbey, with Messrs. Farley and Meyer, were commissioners in 1887.
In June, 1887, a county, bridge, road and insane tax of 19 mills was levied. with 7 mills on Lone Tree, Fairfield, Spring Ranche and Glenville (originally forming Little Blue), to meet indebtedness on bonds of September 9 and Octo- ber 1, 1873, in accordance with writ of supreme court, issued November 24, 1886. The tax to provide interest on railroad bonds in the several precincts was as follows: Fairfield, 5 mills; Lone Tree, Lewis and Sutton, 31/2 mills; School Creek and Lewis, 2 2/5 mills; Lone Tree, 2 4/5 mills; Sutton 2 9/10 mills; Fairfield, 4 mills, and School Creek, 2 mills. Special assessments were also made in Sutton and Harvard for the purpose of constructing sidewalks, together with a 10 mill tax on Clay Centre and Fairfield, and 3 mills on Har- vard (villages) to meet interest on bonds. A village tax of 934 mills on Sut- ton ; 8 mills on Harvard and 10 mills on Edgar was also authorized, and a levy for school purposes ranging from 3 to 25 mills made on the seventy-two of the seventy-three school districts then organized, together with special levy in six of the districts to meet bonds and interest on bonds.
In April, 1888, Commissioner Abbey resigned, and Fred Grosshans was chosen to represent the First district. The levy was fixed at 10 mills for gen- eral and other purposes, including 7-10 mill to meet judgment in favor of Young in the matter of court house; the interest and sinking fund tax, on the town- ships granting railroad aid, was heavy, and a special levy of 7 mills was made on Spring Ranche to meet judgment of court. The levy for the villages reached 23 6/10 mills in the case of Edgar; Harvard, 11 mills; Sutton, 7 mills, and 10 mills for Clay Center and petitioned the board to submit the question of town- ship organization to the people in November, and an order was made in ac- cordance with the prayer of the petitioners, and on November 21, the first meeting of the board of supervisors was held; Ezra Brown was chosen presi- dent. The names given to the Congressional townships April 19, 1875, were retained except in the case of Township 7, Range 8, changed from Scott to Inland; committees were appointed. Clinton Davis was appointed superin- tendent of poor farm.
Supervisors elected in 1889 were J. E. Marsh, of School Creek; (Eldorado. new name of Lincoln, held over) ; William Schwenk, Harvard ; C. S. Bradley, Harvard Township; (Liecester, held over) ; Charles Schwenk, Inland; (Lynn, held over) ; M. S. Price, Lewis; H. S. Sanders, Sutton; P. H. Schwab, Sutton City; Ezra Brown, Harvard City; Josiah Everett, Sheridan; (Marshall, held over ) ; B. W. Campbell, Lone Tree; (Glenville, held over) ; D. W. Evans, Spring Ranche; Jacob Shively, Fairfield City; (Fairfield Township, held over) ; Wil- liam M. Rousey, Edgar; W. R. Fuller, Edgar City, and C. A. Bush, Logan. In January, 1889, this board authorized the employment of expert accountants to examine the books of the treasurer, who filled the office prior to Mr. Walter's time. Messrs. Palmquist and Gratz were employed at $12 per day.
MR. BARBOUR'S RESUME' OF COUNTY GOVERNMENTAL AFFAIRS
At this point, we will return to the text of Mr. Barbour's resume and eon- densed summary of thre governmental affairs of Clay County, as heretofore noted. mserting in brackets the additional rosters that bring the officiate down to 1921.
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HISTORY OF CLAY COUNTY
COUNTY COMMISSIONERS
The County Commissioners elected in 1891 were :
E. A. McVey, School Creek.
James Hart, Fairfield.
(. S. Bradley, Harvard.
Frank L. Young, Edgar City.
John Flick, Inland.
P. H. Schwab, Sutton City. 1893
John P. Skow, Lewis.
Chris. Peterson, Sheridan.
John Benson, School Creek.
D. W. Garver, Lone Tree.
C. S. Bradley, Harvard.
Geo. Krell, Spring Ranche.
Anderson Eller, Edgar.
Anderson Eller, Edgar. 1892
L. F. Fryor, Lone Tree.
John Ochsner, Eldorado.
HI. S. Siefken, Leicester.
Wm. Newton, Lynn.
Chas. Hoevet, Lynn.
Oscar Swanson, Sutton.
John B. P. Skow, Lewis.
A. P. Randall, Marshall.
J. E. Wilcox, Glenville.
W. H. McBride, Harvard City.
D. P. Strait, Fairfield:
Nicholas Ochsner, Sutton City.
Wm. Shively, Logan.
Frank S. Young, Edgar City.
W. H. MeBride, Harvard.
Those eleeted in 1893 were, John Oschner, H. C. Brown, C. S. Bradley, John Fliek, A. P. Randall. George Krell and C. A. Bush, who served during 1894 and 1895.
Those eleeted to serve in 1896 and 1897 were: John Benson, Tobias Speich, Ezra Brown, G. F. Smith, A. P. Randall, W. A. Lewis, and C. A. Bush. The Board for 1898 were Benson, Speich, Culver, Lewis, Walker, with M. J. MeDer- mott and J. E. Wilcox as new members. In the election of 1898, Benson and Bradley was re-elected and J. H. Richert and J. H. Hazlett came on the board. The eleetion of 1899 returned MeDermott and brought on Ernest Ormsby and George A. Wheeler. In 1900 and 1901 the Board was R. E. Ferris, M. J. Me- Dermott, Geo. C. Fishback, E. Ormsby, John Emrich, G. A. Wheeler and J. H. Hazlett. In 1902 and 1903, L. S. Backus, Chas. Shuck, L. F. Fryar, Geo. Krell and C. F. Bush, with Benson and MeDermott remaining. comprised the Board. J. G. Lohmeier, Peter Walther and W. A. Lewis were elected in the fall of 1903; In the fall of 1904 the other places on the board were awarded by the electorate to Horaee Iliff, Wm. Sehwenk, W. B. Smith and S. C. Beck. The Board elected to serve in 1906 and 1907 were A. W. Clark. P. W. Walther and W. A. Lewis, and the four holdovers. In 1907, Clark, Walther. John Myler were elected to serve with Beck, Fryar, A. G. Johnson and Schwenek. In 1908, Roberts, Sehwenek, Fryar and Peterson were elected. The Board of 1909 were W. J. Roberts, A. W. Clark, Wm. Schwenek, Smith Ingalsbe. F. A. Thomp- son, John Myler and Christian Peterson. The Supervisors serving in 1911 and 1912 were Ochsner, Ingalsbe, Thompson, Clark, Myler, Bottom and Schwenk. In the fall of 1912 Ochsner and Thompson were re-elected and Westering de- feated Bottom. The Board elected in 1914 and serving in 1915 and 1916 were, Geo. England, A. W. Clark, G. C. Fishback, Smith Ingalsbe, Philip Schwab, Frank Westering, and John Myler. In 1918, Westering, Fishback, Schwab and
John Flick, Inland.
George Krell, Spring Ranche.
Patrick Nagle, Sheridan.
James Hart, Fairfield ('ity.
630
HISTORY OF CLAY COUNTY
England were still serving, and the new members were O. W. Challburg, J. H. Itzen and James Ziggafoos. This same Board served in 1919 and 1920.
COUNTY CLERK
The County Clerks of Clay County have been F. M. Brown, who was first clerk, appointed in 1871, and in 1873 defeated F. M. Davis, 54 to 33 votes; and in 1873 defeated R. L. Garr, 280 to 230 votes; and in 1875 J. B. Dinsmore was elected. In 1877, Ezra E. Howard secured 580 votes over Joseph Flick, 300 votes. W. J. Keller defeated Howard in 1879. L. F. Fryar was chosen in 1883-1885. J. E. Wheeler was chosen in 1887, and H. E. Stein was elected in 1889. In 1891, H. E. Stein was elected; in 1893, George Mitehell. George Mitchell was chosen in 1895, and in 1897, W. B. Smith served, George Mitchell again serving until 1903, when W. W. Campbell took the office. W. F. Griess served from 1906, until Ward K. Newcomb took office in 1910 and served until Ernest Frisch, the present incumbent, assumed office in 1917.
COUNTY TREASURER
J. Hollingsworth, first county treasurer elected in 1871, did not qualify, and R. G. Brown took over the office. F. M. Davis was elected in 1873; and re-elected in 1875; William S. Randall was elected in 1877, and J. P. Nixon was elected in 1879, and G. H. Van Duyne in 1881; George F. Dickson was chosen in 1883, and E. G. Groff in 1885; William Walters was elected in 1887. and John G. Glazier in 1889. In 1891 John L. Hodges was elected; in 1893, Geo. A. Shike. George A. Shike was chosen in 1895, and Theo Griess in 1899; F. T. Swanson was elected in 1903, and Wm. Ochsner in 1907; Ed Westering in 1909, and he was re-elected in 1911; William Griess was eleeted in 1915, and Clarence P. Avery in 1919, and he was succeeded by Miss E. M. Bengtson, and in 1921, H. J. Platz became treasurer.
CLERK OF DISTRICT COURT
D. T. Phillips was elected in 1879; C. J. Martin in 1883; L. F. Fryar was chosen in 1887; D. B. Gillette in 1893; George A. Allen in 1897, and Allen served until 1909, when W. B. Smith took the office, and he served until 1917, when Thos. A. Seifken was elected. In 1918, O. McKelvie served a short time, and 'he was defeated for election by A. J. Moger, at whose death Mamie Dedriekson was appointed and filled the office until the present incumbent, Wayne Moger, took office.
SHERIFF
l'. T. Kearney served from the organization of the county, October 14th, 1871, to January 1, 1874. one term; John B. Dinsmore, January, 1874, to Jan- mary, 1876; O. P. Alexander, January, 1876, to January, 1878; A. J. MePeak, January, 1878, to Jannary, 1880; JJ. P. Nixon, January, 1884; J. R. Kidd, January, 1884, to January, 1888; E. D. Davis, Jannary, 1888, to January, 1896; Guy Secord, January, 1896, to January, 1902; R. H. Smith, January,
631
HISTORY OF CLAY COUNTY
1902, to January, 1906; J. C. Ward, January, 1906, to January, 1908; C. O. Sanderson, January, 1908, to present, term now elected for expiring January, 1914. P. G. Bonnefield succeeded Sanderson and in 1919 Guy W. Secord, present incumbent, succeeded him.
SUPERINTENDENT OF SCHOOLS
J. Schermerhorn, October 14, 1871, to January 1, 1874; Daniel W. Garvar, January 1, 1874, to January 1, 1876; F. W. Brookbank, January 1, 1876, to time of resignation during term of, as we recall, second year, when he re- signed and Judge Maltby was appointed to fill balance of term to January, 1878; Rev. I. D. Newell, January, 1878, to January, 1884; A. A. Randall, Jan- uary, 1884 to January, 1888; J. N. Hursh, January, 1888 to January, 1892; N. M. Graham, January, 1892, to January, 1898; Charles Jester, January, 1898, to January, 1904; Charles Coons, January, 1904, to summer of 1907, when he resigned and R. V. Clark was appointed to his place who served balance of term to January, 1908 ; Miss Edith A. Lathrop, January, 1908, to January, 1914; Miss Mabel E. Kirk served 1917-1919, then Roy J. Gilkeson to date, 1921.
CORONERS
W. Cunning it would seem held this office from organization till January, 1874, when Dr. Martin Clark, of Sutton, took the office, holding till January, 1882. J. G. Nuss, 1882 to January, 1884; Jesse F. Eller, January, 1884, to January, 1888; S. M. Elder, January, 1888, to January, 1892; Henry Hoyt, January, 1892, to January, 1894; Dr. O. P. Shoemaker, January, 1894, to January, 1896; Dr. A. J. Jenison, January, 1896, to January, 1898; Dr. D. F. Andrews, January, 1898, to January, 1900; Dr. A. R. Ray, January, 1900, to January, 1902; Dr. H. H. Schlutz, January, 1902, to January, 1906; Dr. I. D. Howard, January, 1906, to January, 1912; Dr. H. H. Schultz, January, 1912, to January, 1914.
COUNTY JUDGE
J. R. Maltby from organization of county, October 14, 1871, to January, 1874; E. P. Bennett, January, 1874, to January, 1886, when he declined the nomination for the seventh term, in convention held in 1885, and Richard Darnstead was nominated, who took office January, 1886, serving till his death. in 1887, about May or June, when John Epperson acted by special appointment till Wm. H. Canfield was appointed to office, his first order appearing of date August 30th, 1887; Canfield being elected continuously till the election of 1897, when he was defeated by H. C. Palmer, who took office January, 1898, hold- ing twelve years, six terms, vacating office January, 1910, when he was "routed" by L. B. Stiner, who is now serving his second election to terminate January, 1914.
(J. F. Logan, 1915-1918 ; J. E. Ray, 1918-May, 1920, resigned : Il. Chalmers. May, 1920, to January, 1921, and A. C. Krebs present incumbent.)
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HISTORY OF CLAY COUNTY
SURVEYOR
R. S. Fitzgerald, October 14, 1871, to January, 1874; John T. Fleming, January, 1874, to January, 1876; M. S. Edington, January, 1876, to Jannary, 1878; Wm. A. Gunn, January, 1878, to January, 1880; A. Y. Wright, January, 1880, to Jannary, 1882; L. A. Varner, January, 1882 to some time in 1882, when he removed from the county and E. G. Goff was appointed to fill vacancy and after elected, serving terms to January, 1898; W. A. Summers, January, 1898, to Janury, 1900. C. W. Prickett, January, 1900, to January, 1914. ( Hallie A. Sheets succeeded Prickett. )
As we recall it, all officers elected prior to the fall election of 1879 were Republicans, but at this election the re-location of the county seat was para- mount to all other interests, party lines were broken down and the Democrats got most of the offices, those saved to the Republicans being county judge, superintendent of schools, surveyor and coroner.
Since this election in 1879, if we are not in error, the Democrats could number as of their party, H. C. Palmer, county judge; Keller, Mitchell and Newcomb, county clerks. Phillips and Gillett, district elerks of court; Van Duyne, Griess, Swanson, Ochsner and Westering, treasurers; Nixon, Seacord and Sanderson, sheriffs; Graham, Jester, Clark and Lathrop, superintendents of schools; Hoyt and Elder, coroners, with Sumner, surveyor.
At times the election has been elose and much interest manifest but usually the most friendly feeling has prevailed between both parties, mueh of the suc- cess to the Democratic party being fairly attributed to the uniting of the Demo- erats with the Populists for officers, while some so-called Demoerats might have been designated Populists in their election.
It will be noted that the Democrats have "good hold on the treasurer's office and have guarded well the finances of the county, and it may be said to the credit of all treasurers that there never has been any defaleation, all treas- urers having safely protected this office and made proper returns on terminat- ing their office."
Again, as we look over the forty-one years of county life, we are unable to find any "blot" on the record of any offiee by reason of bad management thereof, and think the voters of the county have just reason to feel proud of the general record their offieers have made from the organization to this date.
We have given names of the Democrats elected to office, because "there were fewer names to record," and for those that were Republicans, if you are to know, turn to general list of each office.
Previous to 1887, the state was working under the district attorney plan that is a district attorney for the judicial distriet was elected, each two years, but the legislature of 1885 changed this law, providing that each county or- ganized for judicial purposes, should elect a county attorney who should hold his office for the term of two years, and until his successor is eleeted and qualified.
Complying with this law, at the general election of 1886, B. F. MeLoney was elected, who served from January, 1887, to January, 1889. Others elected to present time are, John L. Epperson, 1889 to January, 1891; Wm. Clark, 1891, to JJannary, 1893; John L. Epperson, 1893 to 1895; A. C. Epperson, son
HISTORY OF CLAY COUNTY
of John L., January, 1895, to January, 1899; Mark Spanogle, January, 1899 to January, 1901; A. C. Epperson, January, 1901, to January, 1905; L. B. Stiner, January, 1905, to January, 1909; M. L. Corey, January, 1909, to January, 1917 ; 1917-1923, Cloyd L. Stewart.
Those who had previously served as judicial district attorneys for Clay county, and in the order in which they came as far as we have been able to find, were: A. J. Weaver, J. W. Eller, J. P. Maul, Wm. H. Morris, George W. Bemis, and Manford Savage.
District Judges-The first distriet courts of which we find a record, is in Ch. 13, Sec. 40, Page 53, of the laws of 1867, and provides that the counties of Douglas, Sarpy and Dodge, with the counties and territory west thereof, shall constitute the first judicial district.
Sec. 41. The counties of Otoe, Nemaha, Richardson, Pawnee, Johnson and Cass, shall, with the counties and territory west thereof, constitute the second judicial district.
Sec. 42. The counties of Washington, Burt, Dakota and counties and terri- tory west and north thereof, except such as is included in the first, shall con- stitute the third judicial district.
It will be seen that there were three judicial districts in the state. Our supreme court consisted of three judges, and to each judge was given a judicial district. The regular sessions of the supreme court were fixed by the statute to be held annually at the seat of government of the territory on the second Tuesday of December and the second Tuesday of June, at which time it would seem that the three judges acting as the supreme court would review the work done as district court judges and pass on their decisions as a court of three, thus reviewing their work and making it final. This plan was followed till the adoption of the new constitution in 1875, and at the time of the formation of Clay county in 1871, the Hon. Daniel Gantt was the district judge for the first judicial district of which Clay county was a part.
The constitution of 1875 is of date, Lincoln, Nebraska, June 12th, 1875, and was adopted, as per provisions for submission at the general election held on the second Tuesday of October, A.D., 1875.
Under this constitution the judicial districts were changed, as was the form of courts, and the Hon. A. J. Weaver was elected as the first district judge, taking his place in January, 1876, and holding till January, 1833, thereby sue- ceeding Judge Gantt.
Hon. Wm. H. Morris served from January, 1883, till January, 1892; Hon- orable Wm. G. Hastings from January, 1892, to January, 1900; Hon. G. W. Stubbs from January, 1900, to January, 1904; our townsman, Leslie G. Hurd, was elected and continuously served for three terms a period of twelve years. until in 1917, Hon. Ralph D. Brown of Crete succeeded Judge Hurd, who re- fused to stand for re-election. With a legislative change of Clay county to the Tenth district, Hon. H. S. Dungan of Hastings and W. C. Dorsey of Bloom- ington, became Clay county's judges. W. A. Dilworth of Holdrege succeeded Judge Dorsey in 1919, and L. H. Blackledge of Red Cloud succeeded Judge Dungan in 1921.
We will state in this connection that our former esteemed townsman, then a resident of Sutton, the late Dr. Marcus W. Wilcox, was Clay county's repre-
634
HISTORY OF CLAY COUNTY
sentative at the constitutional convention, and was a man of great influence in that body, composed of exceptionally strong men of our state.
The Democrats and populists combined in the election of Judges Hastings and Stubbs, all others being of the Republican "faith."
Of the district and county attorneys, Clark, Spanogle and Corry, were elected by the same combination and Republican votes.
The tendency of the Democrats and Populists, to stay close to party lines in the casting of their vote, while that of the Republicans to vote for the nominee of these parties if friendly to them, has of late years made Republican success quite uncertain, and it has seemed hard to determine the relative strength of each party, which would be close were party lines closely drawn by the voter.
Attorneys and Courts-The Clay County Bar has from the organization of Clay county made a record for honesty and ability, equally good with the bar of any county in our state of corresponding numbers.
Few of the first attorneys were college men or graduates from a law school, but went from the farm and workshop to the office of some attorney, where they studied under their direction while they followed some work necessary to provide themselves and families with a living, doing much of their work by lamp, as their business prevented giving full time to their studies.
From this class, many of our best and most able attorneys have come, who have proven themselves worthy to stand by the side of any who have practiced in our conrts, who were so fortunate as to receive their training in the college or law school.
At this time, R. G. Brown and E. P. Burnett, of Sutton, are the oldest at- torneys in the county as to time of location, Mr. Brown having located at Sut- ton in 1871 and assisted in the organization of the county, and was the first attorney to locate in the county ; Mr. Burnett at Harvard in 1872, coming here direct from the Ann Arbor law school, from which he had recently graduated, remaining here till he was elected county judge in the fall of 1873, which office he held twelve years, when the condition of his health caused him to decline another election. After his retirement, he removed from the county for some years, after which he returned to Sutton. Mr. Brown also removed from the county, residing at Beatrice and Denver, after which he also returned to Sutton.
Judge Leslie G. Hurd, of our District Court, was admitted to practice in 1877, having located on a preemption near Harvard early in 1872, and since his admission has been in continuous practice at Harvard till his election as judge.
The writer of this article came to Harvard in June, 1872, read law under Judge Burnett and the late Judge Hays, was admitted to practice at the May term of District Court for the year 1877-78, and has continued in the practice of law at Harvard since.
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