USA > Nebraska > History of Nebraska > Part 14
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EXECUTIVE .- The Executive Department consisted of Governor, Secretary and Treasurer, who held their offices for the term of two years, and the Auditor for four years, and in case of death, resigna- tion or removal from office of the Governor, the duties of that office was performed by the Secretary of State.
JUDICIARY .- The judicial powers was vested in a Supreme Court, District Courts, Probate Courts and Justices of the Peace. The Supreme Court consisted of a Chief Justice and two Associate
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Justices, any two of whom constituted a quorum for the transaction of business. Said Judges were elected by the people, and held their offices for six years. The State was divided into three judicial districts, and the Supreme Judges held the District Courts in the three judicial districts, the Legislature assigning the judges to their respective districts.
FINANCE .- The credit of the State could not be given to any individual or corporation in the construction of improvements, neither could the State be a party to any works of internal improvements, or contract any debt beyond fifty thousand dollars.
EDUCATION .- The principal of all funds arising from the sale of lands or other property granted to the State for educational or religious purposes, shall forever be preserved inviolate and undi- minished; and all incomes arising therefrom shall be faithfully applied to the specific object of the original grant or appropria- tions, and all school lands or University lands shall not be sold for a less sum than five dollars per acre.
CONDENSED SYNOPSIS OF THE CONSTITUTION OF THE STATE OF NEBRASKA. ADOPTED 1875,
DISTRIBUTION OF POWERS .- The powers of the Government of this State are divided into three distinct departments: the Legislative, Execu- tive, and Judicial, and no person, or collection of persons, being one of these departments shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.
LEGISLATIVE .- The Legislative authority is vested in a Senate and House of Representatives. The House of Representatives shall consist of eighty-four members, and the Senate shall consist of thirty members, until the year eighteen hundred and eighty, after which time the number of members of each House shall be regulated by law; but the number of Representatives shall never exceed one hundred, nor that of Senators thirty- three. The sessions of the Legislature shall be biennial, except as other- wise provided in the Constitution. The Senate and House of Represen- tatives in joint convention shall have the sole power of impeachment, but a majority of the members elected must concur therein. The Legislature shall not pass local or special laws granting to any corporation, asso- ciation, or individual, any special or exclusive privileges, immunity, or franchise whatever. Lands under control of the State shall never be donated to railroad companies, private corporations, or individuals
EXECUTIVE DEPARTMENT .- The Executive Department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor of Public
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Accounts, Treasurer, Superintendent of Public Instruction, Attorney General, and Commissioner of Public Lands and Buildings, who shall each hold his office for the term of two years, from the first Thursday after the first Tuesday in January next after his election, and until his successor is elected and qualified. The Governor, Secretary of State, Auditor of Pub- lic Accounts, and Treasurer, shall reside at the Seat of Government during their terms of office, and keep the public records, books, and papers there, and shall perform such duties as may be required by law. No person shall be eligible to the office of Governor or Lieutenant-governor, who shall not have attained the age of thirty years, and been for two years next pre- ceding his election a citizen of the United States and of this State. All civil officers of this State shall be liable to impeachment for any misde- meanor in office. The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed. The Governor shall be Commander-in-Chief of the military and naval forces of the State (except when they shall be called into the service of the United States), and may call out the same to execute the laws, suppress insurrec- tion and repel invasion. In case of death, impeachment and notice thereof to the accused, failure to qualify, resignation, absence from the State, or other disability of the Governor, the powers, duties and emoluments of the office, for the residue of the term, or until the disability shall be removed, shall devolve upon the Lieutenant-Governor. The Lieutenant Governor shall be President of the Senate, and shall vote only when the Senate is equally divided. The salaries of the Governor, Auditor of Public Accounts, and Treasurer shall be two thousand five hundred dollars ($2,500) each, per annum, and of the Secretary of State, Attorney General, Superintendent of Public Instruction, and Commissioner of Public Lands and Buildings, two thousand dollars ($2,000) each per annum. The Lieu- tenant-Governor shall receive twice the compensation of a Senator.
THE JUDICIAL DEPARTMENT .- The judicial power of this State shall be vested in Supreme Court, District Courts, County Courts, Justices of the Peace, Police Magistrates, and in such other Courts inferior to the District Courts, as may be created by law for cities and incorporated towns. The Supreme Court shall consist of three Judges, a majority of whom shall be necessary to form a quorum or to pronounce a decision. It shall have original jurisdiction in cases relating to the revenue, civil cases in which the State shall be a party, mandamus, quo warranto, habeas corpus, and such appelate jurisdiction as may be provided by law. At least two terms of the Supreme Court shall be held each year at the Seat of Government. The Judges of the Supreme Court shall be elected by the electors of the State at large, and their terms shall be six years. The State shall be divided into six Judicial Districts, in each of which shall be elected by the electors thereof, one Judge, who shall be Judge of the District Court therein, and whose term of office shall be four years. Until otherwise pro- vided by law, said Districts shall be as follows:
First District-The Counties of Richardson, Johnson, Pawnee, Gage, Jefferson, Saline, Thayer, Clay, Nuckolls, and Fillmore.
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Second District-The Counties of Nemala, Otoe, Cass, and Lancaster.
Third District-The Counties of Douglas, Sarpy, Washington and Burt.
Fourth District-The Counties of Saunders, Dodge, Butler, Colfax, Platte, Polk, Merritt, Hamilton, York, Seward, Hall, and Howard.
Fifth District-The Counties of Buffalo, Adams, Webster, Franklin, Harlan, Kearney, Phelps, Gosper, Furnas, Hitchcock, Dundy, Chase. Chey- enne, Keith, Lincoln, Dawson Sherman, Red Willow, Frontier, and the unorganized territory west of said District.
Sixth District-The Counties of Cuming, Dakota, Dixon, Cedar, Wayne, Stanton, Madison, Boone, Pierce, Knox, Antelope, Holt, Greeley, Valley, and the unorganized territory west of said District.
The Judges of the Supreme and District Courts shall each receive a salary of $2,500 per annum, payable quarterly. No Judge of the Supreme or District Courts shall receive any other compensation, perquisite, or ben- efit for or on account of his office in any form whatever; nor act as attor- ney or counsellor-at-law, in any manner whatever; nor shall any salary be paid to any County Judge.
EDUCATION .- The Governor, Secretary of State, Treasurer, Attorner- General, and Commissioner of Public Lands and Buildings, shall, under the direction of the Legislature, constitute a Board of Commissioners for the sale, leasing, and general management of all lands and funds set apart for educational purposes, and for the investment of school funds in such manner as may be prescribed by law. All funds belonging to the State for educational purposes, the interest and income whereof only are to be used, shall be deemed trust funds held by the State, and the State shall supply all losses thereof that may in any manner accrue, so that the same shall remain forever inviolate and undiminished; and shall not be invested or loaned except on United States or State securities, or registered County bonds of this State; and such funds, with the interest and income thereof, are hereby solemnly pledged for the purposes for which they are granted and set apart, and shall not be transferred to any other fund for other uses. No sectarian instruction shall be allowed in any school or institu- tion supported in whole or in part by the public funds set apart for educational purposes; nor shall the State accept any grant, conveyance, or bequest, of money, lands, or other property, to be used for sectarian purposes. The Legislature may provide by law for the establishment of a school or schools for the safe keeping, education, employment, and refor- mation of all children under the age of sixteen years, who for want of proper parental care, or other cause, are growing up to mendicancy or crime.
COUNTIES .- No new County shall be formed or established by the Leg- islature which will reduce the County or Counties, or either of them, to a less area than four hundred square miles, nor shall any County be formed of a less area. No County shall be divided, nor have any part stricken therefrom without first submitting the question to a vote of the people of
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the County, nor unless a majority of all the legal voters of the County voting on the question shall vote for the same.
RAILROAD CORPORATIONS .- Railways heretofore constructed, or that may hereafter be constructed in this State, are hereby declared public high- ways, and shall be free to all persons for the transportation of their per- sons and property thereon, under such regulations as may be prescribed by law. And the Legislature may from time to time pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this State. The liability of rail- road corporations as common carriers shall never be limited.
MUNICIPAL CORPORATIONS .- No City, County, Town, Precinct, Munic- ipality, or other sub-division of the State shall ever become a subscriber to the capital stock, or owner of such stock, or any portion or interest therein, of any railroad or private corporation or association.
NEBRASKA IN COUNTIES,
ALPHABETICALLY ARRANGED.
ADAMS COUNTY.
Adams County was organized on the 12th day of December' 1871. It is located in the south-central part of the State, in the sixth tier of Counties west of the Missouri, and second north of the Kansas line, and is bounded on the north by Hall, east by Clay, south by Webster, and west by Kearney County, containing 576 square miles, or 368,640 acres, at an average elevation of 1,850 feet above the sea level.
Population of the County in 1870, nineteen; in 1875, 3,093; in 1879, 8,162; increase in four years, 5,069.
WATER COURSES .- The Little Blue River, with its source in the northeast of this County, is the principal stream. It flows southeasterly through the central portion, having numerous tributaries on either side reaching through nearly every town- ship, the most important being Thirty-two Mile Creek, a very fine stream, affording a volume of water sufficient for mill purposes. Pawnee Creek waters the southeastern part of the County, while the northern townships are watered by innumerable springs and rivulets, which rise in this County and flow north-eastwardly toward the West Blue River. The Platte River cuts across the north- west corner, and altogether, Adams is a well-watered County. Soft, sweet water can be found almost anywhere, by boring, at a depth of from twenty-five to seventy five feet.
CXCIII.
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TIMBER .- Considerable native timber yet remains in the vicinity of the Little Blue, while nearly all of the streams have more or less along their banks. The principal varieties of native trees are the box-elder, cottonwood, soft maple, elni, ash and oak. Large quantities of timber have been planted throughout the County by the settlers, and already flourishing artificial groves may be seen dotting the prairie in every direction. Each year the amount of planting is largely increased, and as the cottonwood, box-elder and other varieties grow very rapidly; it will not be long before Adams County will have plenty of timber for fuel of her own growing.
FRUIT .- Planting of fruit trees of various kinds has received a large share of attention from the people, and their efforts in this line have fine promises of reward. In 1879 there were 17,627 apple, 529 pear, 1,814 cherry, 9,839 plum and 18,364 peach trees under cultivation in the County, besides 3,514 grape vines, and many other varieties of fruits. The plum and grape, in the wild state, are found in great abundance along the streams.
CHARACTER OF THE LAND AND SOIL .- The surface of the country in the vicinity of the Little Blue and other streams in the Western part of the County, is broken with occasional deep-cut ravines; but this forms only a very small per cent. of the whole, by far the greater part consisting of beautiful undulating table land, inter- sected with the fine valleys of the numerous streams. On the Blue, Thirty-two Mile Creek and many smaller streams, there are long stretches of bottom land that cannot be surpassed for fertility. and beauty. Immediately next to the Platte River there is a narrow strip of sandy land, to the south and east of which the. surface rises in a succession of plateaus, of a mile or so in width,. and terminating in high, undulating table land.
The soil almost everywhere is of the best quality, consisting of a deep, rich mould, impregnated with lime, clay and sand, and resting on a gravelly bed. It will stand any amount of drougth or moisture, and when properly cultivated yields bountiful crops.
THE CROPS .- The number of acres under cultivation in the County, by the Assessors' returns for March, 1879, was 62,848. In winter wheat, seventy-five; yield, 837 bushels. Spring wheat, 36,177 acres; yield, 421,036 bushels. Corn, 11,403 acres; yield,
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284,762 bushels. Barley, 2,146 acres; yield, 40,714 bushels. Oats, 3,193' acres; yield, 90,432 bushels. Potatoes, 301 acres; yield, 17,195 bushels. Broom corn, 3,839 acres; yield, 574 tons. Hun- garian, 216 acres; yield, 5,232 bushels.
. FIRST SETTLEMENTS .- In 1870 the population was nineteen, composed of a few settlers on the Little Blue. Several years pre- vious to this, however, a few ranches had been established, and other efforts made at settlement, on the old over-land road to Pike's : Peak, but the Indians were unusually troublesome in this part of the country, and destroyed many of the ranches, killing the inmates and compelling others to leave, through fear. The graves of a number of the pioneers may yet be seen on the banks of Thirty-two Mile Creek and the Blue. The first actual settlement north of the Little Blue, was made by Mr. T. Babcock, April 24, 1871, on the present town site of Juniata. John Stark, and his son Isaac W., with their families, came on the 5th day of May of the same year and located on the same section. Soon after homesteads were taken by other settlers near by and during the month of May, along and adjacent to the survey for the B. & M. Railroad, some twenty-five or thirty settlements were made. Set- tlements continued to increase rapidly, mainly under the patron- age of Messrs. Bowen & Brass, agents of the Michigan Emigra- tion Company, who themselves became permanent residents. Over one hundred families, mainly from Michigan, settled in the County during the year 1871 and the Spring of 1872, and the tide of emigration has continued steadily up to the present time.
COUNTY ORGANIZATION .- The election for County officers and location of the County Seat was held December, 12, 1871,at the res- idence of T. Babcock, and resulted in the unanimous choice of section twelve, town seven, north, range eleven west-the present location of Juniata-for the County Seat, and the election of the following County officers, viz .: Commissioners, Samuel L. Brass. Edwin M. Allen, and W. W. Selleck; Probate Judge, Titus Bab- cock; County Clerk, Russel D. Babcock; Sheriff, Isaac W. Stark; Treasurer, John S. Chandler; Assessor, W. W. Camp; Superin- tendent of Schools, Adna H. Bowen.
RAILROADS .- Prior to 1871 the trial line for the B. & M. road had been run near the line now used. The road runs nearly east
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and west through the County, entering at a point about eight miles south of the northeast corner, and passing out about four miles south of the northwest corner. During the summer of 1871 the road bed was constructed through the County and west to its junction with the Union Pacific. By the first of September the rails were laid to within three miles of the east line of the County when work was suspended for the season. In June, 1872, the road was completed to Juniata, and continued thence west to its present terminus. Length of road in County, 24.06 miles.
The St. Joe & Denver City Railway was completed to its present junction with the B. & M., in 1873. It enters the County near the middle of the eastern line, and runs northwesterly, join- ing the B. & M. at Hastings. Length of road so far completed in County, 7.20 miles.
The Hastings & Republican Valley R. R., running from Grand Island, on the Union Pacific, through this County, via Hastings, to points in the Republican Valley, was completed in 1879. Length of road in County about twenty-eight miles.
PUBLIC SCHOOLS .- The number of school districts in Adams County in 1879 was sixty-two; school houses, fifty-eight; chil- dren of school age, 2,678; average number of days taught by each teacher, ninety-six; districts having six months school or more, twenty-five; total number of children in the County between the ages of five and twenty-one years, 2,678-males, 1,377; females, 1,301; number of qualified teachers employed- males, twenty-eight, females, forty-eight; value of school houses, $35,866; value of school house sites, $1,751; value of books and apparatus, $375.85; wages paid teachers for the year, males, $3,. 919.7; females, $6,593.29; total, $10,312.36.
TAXABLE PROPERTY .- Statement of the taxable property of the County, as returned by the Assessors, for 1879: Acres of land, 267,495; average value per acre, $3.11; value of town lots, $114,750; money used in merchandise, $90,422; money used in manufactures, $25,592; number of horses, 2,510; value, $86,838; number of mules, 572, value, $19,579; number of cattle, 4,071; value, $37,065; number of sheep, 977, value, $994; number of swine, 8,166, value, $6,732; number of vehicles, 1,296, value, $22,973; moneys and credits, $18,821; mortgages, $24,392; stocks,
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etc., $805; furniture, $42,351; libraries, $1,010; property not enumerated, $94,914; railroads, $316,649.17; total, $1,734,848.17.
LANDS .- There is no desirable Government land remaining in this County. The Burlington & Missouri River Railroad Company owns 10,000, and the Union Pacific Company several thousand acres of well located and desirable land here which they offer for sale at prices ranging from $2.00 to $10.00 per acre.
PRECINCTS .- The County is divided into eight precincts. We give the name and population of each for 1879: Denver, 3,026; Little Blue, 548; Silver Lake, 518; Kenesaw, 542; Cotton- wood, 610; Pawnee, 1,017; Juniata, 1,125; West Blue, 776. Total for County, 8,162.
FLOURING MILLS .- There are three flouring mills in this County -one located at Gilson, on the Blue, one at Millington, and one at Juniata. The Juniata Mills are propelled by steam; the building is four stories high, has three run of stone, with a capacity of one hundred barrels of flour every twenty-four hours.
HASTINGS,
The County Seat, is one of the most enterprising and rapidly developing cities in Nebraska. Scarcely more than half a dozen years old, it already has a population of 3,500, and the increase has been greater in the last two years than at any other period. The admirable location of Hastings, at the junction of three leading railway lines-the Burlington & Missouri, St. Joe & Denver, and Hastings & Republican Valley-gives her great commercial advantages and is the main cause of her remarkable and substantial growth. She is the center of trade for a large portion of the Republican Valley and northern Kansas, and transacts an immense business in the handling and shipment of grain, in the sale of agricultural implements, lumber and merchan- dise of all description. The wholesale and retail houses do a thriving business, and generally have commodious, well-stocked stores, while all the minor branches of trade and mechanics are well represented. The hotel accommodations are ample; the schools are graded and have a large attendance; the school houses are models of beauty and are furnished with all the modern improvements in desks and apparatus; Churches of the leading
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denominations have erected houses of worship, several of them very neat in appearance and costly, and all the prominent secret societies-Masons, Odd Fellows, Good Templars and Temple of Honor-have flourishing lodges. There are three newspapers pub- lished at Hastings -- the Adams County Gazette and Hastings Journal, weeklies; and the Central Nebraskian, a semi-monthly and weekly paper-all well patronized and able papers.
In September, 1879, Hastings was visited by a most destruct- ive fire, which destroyed nearly two blocks in the business portion of the city, causing a loss estimated at from $75,000 to $100,000. This happening during the busy opening of the fall trade, was severely felt; but the citizens, with their characteristic energy and business enterprise, set to work immediately to clear away the debris, and larger and more substantial brick blocks will occupy the places of those destroyed, before the present year is out.
JUNIATA,
The next town of size and importance in the County, is located on the line of the B. & M. Railway, six miles west of Hastings. It was laid out as a town in 1872, and at present has some 400 inhabitants.
Juniata is the oldest town in the County, and was, until quite recently, the County Seat. It is surrounded by a magnificent and fertile country, dotted with large and highly cultivated farms, many of them supplied with groves of fruit and forest trees. A brisk business is transacted here in grain, implements, lumber and general merchandising. They have a good school house costing $3,500; several Churches, two hotels, and one of the best flouring mills in the West. The Juniata Herald is published here weekly, and is a journal of influence in the County.
KENESAW
Is a thriving little town on the line of the B. & M. road, eight miles west of Juniata, and was laid out soon after that place. It has a very fine, large school house, a hotel and several business houses.
INLAND
Is a small village on the B. & M., five miles east of Hastings. It
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was laid out in 1872, and bids fair to become a prosperous town. It has several business establishments and is a good market for grain and stock.
AYR
Is the name of a town laid out within the past year, on the line of the Republican Valley branch of the B. & M. R. R. It is located in the midst of an excellent agricultural section, and business is already well represented in the town.
POSTOFFICES .- The postoffices in the County, outside of the towns named, are: Millington, Gilson, Kingston, Little Blue, Mayflower, Silver Lake, North Blue, Roseland and Rosedale.
ANTELOPE COUNTY.
ANTELOPE COUNTY was organized in accordance with an Act of the Legislature, in June, 1871. It is located in the north- eastern part of the State, in the fifth tier of Counties west of the Missouri River, and is bounded on the north by Knox, east by Pierce, and Madison, south by Boone, and west by Holt County and unorganized territory, and contains 864 square miles, or 552,960 acres of land.
WATER COURSES .- The Elkhorn River is the principal stream, flowing diagonally through the central portion, and by its tribu- taries draining the entire country, except the northern townships, which are nourished by the numerous branches of Verdigris and Bazile Creeks that flow northward to the Missouri. The Elkhorn at this point is about twenty-five yards wide, with an average depth of eighteen inches, has a rapid current, clear, pure water, and sandy bottom. On the south side are two tributaries, Clear Water and Cedar Creeks, both large enough for mill pur- poses. There are also seven smaller streams within the limits of the County tributary to the Elkhorn, and two or three that water the southern townships and flow southward into the Loup. Springs are abundant along most of the small streams throughout the County, and a few are to be found along the Elkhorn.
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