USA > Nebraska > Richardson County > History of Richardson County, Nebraska : its people, industries and institutions > Part 14
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St. Stephens precinct bounded as follows: Commencing at a place where the range line between ranges 16 and 17 intersects the county line,
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between Nemaha and Richardson counties, thence south along said range line, seven miles to the section line between sections 6 and 7 of township 2, north of range 17; thence east along said section line, to the Missouri river ; thence up the Missouri river, to the line between Nemaha and Rich- ardson counties ; thence west along said county line to the place of beginning.
Arago precinct bounded as follows: Commencing at the northwest corner of section, township 2, range 17, east, on the range line between ranges 16 and 17; thence south along range line, three miles to the section line between sections 19 and 20, township 2, north of range 17, east; thence east along said section line to the Missouri river, thence up the Missouri river to the section line dividing sections I and 2 of township 2, north of range 17, east : thence west along the section line to the place of beginning.
Rufo precinct bounded as follows: Commencing at the northwest cor- ner of section 27 on the section line between sections 28 and 27 of township 2, range 17, east ; thence south along said section line. eight miles to the line between Kansas and Nerbaska; thence east along said line to the Missouri river : thence up the Missouri river to the section line between sections 19 and 30 of township 2, range 18: thence west along said section line to the place of beginning.
Action of the board of commissioners at a meeting held on October 6, 1862. in response to a petition signed by citizens of Arago and St. Stephens precincts, merged the two precincts into one to be known as Arago.
Ohio .- S. J. Harris had the honor of naming Ohio township. It was he who petitioned to have the township organized to its present boundary and named it for his native state, Ohio.
ACTS OF TERRITORIAL LEGISLATURE, 1857-58.
An act passed and approved on February 10, 1857, authorized Charles McDonald to erect a mill dam across the north fork of the Grand Nemaha river. on the northwest quarter of section 22, township 2, north of range No. 14. east of the sixth p. m., Richardson county, Nebraska Territory.
.An act passed and approved at the same session, February 10, 1857, pro- vided for the incorporation of the town of Salem, Richardson county, Nebraska Territory. Section IV of this act provided that "Whenever eight of the resident householders of said town shall petition the county clerk of said Richardson county, asking for the organization of said municipal gov- ernment the said clerk shall fix the time for the municipal election, which
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RICHARDSON COUNTY, NEBRASKA.
shall not be more than twenty days after the petition is presented to him, and shall appoint three judges of said election, and shall give notice thereof by posting up notices in three public places in said town *
Section V. At the aforesaid election the legal voters shall elect a town council consisting of five, who shall possess the qualifications of electors: Provided, That (the) person receiving the highest number of votes shall be president until otherwise provided by law, also a town clerk and marshal, which election shall be the first organization of the said town, and thereafter said offices may be abolished or new offices created as may be prescribed by ordinance.
ARCHER MADE SEAT OF JUSTICE.
Section I. Of an act passed and approved on March 7th, 1855, entitled an Act defining the boundaries of counties herein named and for other pur- poses. (Had reference to Richardson, Nemaha, Blackbird and Dakota counties.) This act materially reduced the boundary of Richardson county and contained the following important sentence: "The seat of justice is hereby located at the town of Archer, in said Richardson county."
An act to provide for the permanent location of the county seat of Richardson county :
Section I. Be it enacted by the council and House of Representatives of the Territory of Nebraska, That the Board of County Commissioners, of Richardson County, Territory of Nebraska, are hereby authorized and empowered to cause an election to be held on the first Tuesday of April, .A. D. 1857, at the different voting precincts in said county, for the purpose of permanently locating the county scat of said Richardson county. For this purpose each voter may designate upon his ballot the place of his choice for the county seat, and when the votes are canvassed, the place having the majority of all votes polled shall be the county seat, and public notice of said election shall be given within thirty days, by the Board of County Commis- sioners, by posting up notices, in three several places in each precinct in said county.
Section II. It shall be the duty of said Board of County Commission- ers to give at least twenty days notice of said election, by causing notices to be posted up at three different places in each precinct, and the qualifications of voters, the manner of holding elections and making returns thereof, shall be in accordance with the statutes of this territory governing elections.
Section III. If no one place has a majority of all the votes polled as provided for in section I of this act, it shall be the duty of the county com-
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missioners of said county, within one month after said election, to order a special election and give ten days notice thereof, by posting up notices in three public places in each precinct in said county, at which election votes shall be taken by ballot between the two highest places voted for at the first election, and the place having the highest number of votes shall be the county seat of said county, and notice thereof shall be given as required by section one of this act.
Section No. IV. Any contest of any election held under the provisions of this act shall be brought before the county clerk and shall be conducted and determined according to law governing elections in this territory.
Section No. V. That the county seat of said county be and the same is hereby temporarily located at the town of Salem, in said Richardson county, until said election is held and determined according to the provisions of this act;
Provided, that the county commissioners of said county shall become satisfied that the town of Archer, the present location of the county seat of said county, is located on and embraced within the limits of the half-breed Indian reservation in said county.
Section VI. This act to take effect and be in force from and after its passage.
Approved, February 9, 1857.
An act supplementary to an act to provide the permanent location of the seat of justice of Richardson county.
Section 1. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the seat of justice of Richardson county be and the same is hereby located at West Salem on the west half of the southwest 1/4 of section No. (3) three, and the east 1/4 of the S. E. 1/4 of section No. (4) four in township No. (1) one, north of range No. (15) fifteen east in said county.
Section 2. That it shall be the duty of the county commissioners to remove the records of said county to said place above named immediately after the taking of effect of this act.
Section 3. That so much of the act to which this act is supplementary as conflicts with the provisions of this act, be and the same are hereby repealed.
Section 4. This act shall take effect and be in force from and after the first day of March, .A. D. 1857.
Approved February 13, 1857.
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RICHARDSON COUNTY, NEBRASKA.
The first act to come under this head affecting Richardson county was that incorporating the "Town of Archer," which was approved on January 25, 1856.
BENCH AND BAR.
Proclamation of acting Governor Cuming, of the Territory of Nebraska, issued from the executive department of Nebraska Territory on December 20, 1854, assigned "Hon. Edward R. Hardin, assistant justice of the Supreme Court, to the second judicial district, embracing all that portion of territory lying south of the Platte river in Nebraska Territory." The proclamation recited that the appointment was made for the "purpose of administering justice in the Territory of Nebraska."
An Act to provide for permanent location of county seat of Richardson county. Approved February 9, 1857.
An Act to establish permanently County Seat, Richardson County, by vote of the people. Approved October 3, 1858.
An Act to authorize H. W. Summerlad, and George Walther to keep a ferry across the Missouri at Arago. Approved January 3rd, 1862.
An Act to authorize Felix Kitch, A. P. Forney, and Joshua Murray to keep a ferry across the Missouri at Rulo, Nebraska Territory. Approved January 11, 1861.
They were allowed to charge: For two horses or mules and buggy, $1.00; for each extra pair, 25 cts ; for horse, or mule and rider, 25c; for two horses or mules, and buggy, 75c; I horse or mule and buggy, 50c; for horse or mule led, 25c; loose cattle per head, Ioc; hogs and sheep per head, 5c; footmen, roc; each cwt. of freight Ioc; lumber $3.00 per 1.000 feet.
An Act to establish and keep a ferry at Winnebago, by Neal J. Sharp and John Singleton. Approved March 6, 1855.
An Act to Incorporate the "German Sangerbund of Arago" by F. Kam- merer, H. W. Sommerlad, J. O. Wirth, H. Volbrecht, Charles F. Walther and L. Allegewahr, had for its object the promotion of artistic taste in gen- eral and vocal music in particular by the practice and performance of sacred and secular music. Approved January 9th, 1862.
An Act to Incorporate Arago. Approved January 10, 1860.
An Act to Incorporate Falls City. Approved January 13th, 1860.
An Act to Incorporate Falls City Library Association, by C. H. Norris, David Dorrington, HI. O. Hanna, George Van Deventer, J. H. Burbank, J. Edward Burbank, S. H. Schuyler, E. S. Dundy and Jacob Good. Approved December 21st, 1861.
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RICHARDSON COUNTY, NEBRASKA.
An Act to Incorporate Rulo. Approved November Ist, 1858.
An Act Supplemental. Approved January 1I, 1861.
An Act to locate Road "Little Nemaha River to Kansas Line." Will- iam Trammel, Louis Misplay and Levi Dodge, empowered to view and locate road, at or near where military Road crosses same near Dr. Jerome Hoover's mill, running thence southerly oni most direct and feasible route by way of Maple Grove ford, on Muddy Creek, thence to ford the Grand Nemaha river below the falls, known as Singleton's Ford, thence to the Kansas line.
Approved January 22, 1856.
An Act to authorize Charles McDonald to erect a mill dam across the north fork of the Grand Nemaha River in Richardson County," on n. w. 1/4 of Section No. 22, Twp. 2, North of Range No. 14. Approved February 10, 1857.
An Act defining the boundaries of counties herein mentioned and for other purposes. This Act reduced the size of Richardson county to the pres- ent size and located the county seat at Archer. Approved March 7th, 1855.
An Act to authorize Silas Babcock, to erect mill dam across Long Branch at "any point within four miles from town of Franklin, in Richard- son Co." Approved January 6th, 1860.
An Act to authorize William A. Tafflemire and Garret N. Martindale to erect a mill dam across Muddy Creek, Richardson County, on n. w. 1/4 Sec. 16, Twp. I. N. of Range No. 16. Approved February 1I, 1865.
An Act to attach the Counties of Gage & Jones to the Council Districts composed of Pawnee and Richardson. Approved January 11, 1862.
An Act to locate road from Brownville to Archer. A. L. Coot, Strander Froman. E. G. McMillen, appointed Commissioners to meet in Archer, May Ist, 1856. $3.00 per day for time actually employed. Approved January 2nd, 1856.
An Act to appoint Commissioners to view and locate a territorial road from Plattsmouth in Cass County to Archer in Richardson County. Will- iamı kakes, Cass County; John Singleton, Richardson County, and Gideon Bennett, of Pierce County. "The nearest and most practicable route to Nebraska City, thence to Brownville, to Archer in Richardson County, thence to the Kansas line by way of the ford on the Grand Nemaha river, known as the Singleton's ford, having due regard for personal property as well as ground over which road shall pass; to be 30 feet wide; all male inhabitants between ages of 21 and 43 required to work 2 days each year on road. Approved, March 14, 1855.
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RICHARDSON COUNTY, NEBRASKA.
An Act to Inc. Town of Salem. Approved February Ioth, 1857. An Act to Inc. Town of St. Stephens. Approved November 3, 1858.
An Act to Authorize School District No. 37 to issue bonds for the pur- pose of erecting High School, $20.00. Approved February 2nd, 1875.
An Act to restore Civil Rights to Joseph Deroin. Approved February 18th, 1867.
An Act to vacate Block No. 126, Falls City, Richardson County. Approved February 12, 1867.
An Act to authorize Falls City Precinct, in Richardson County, to issue bonds to aid in the construction of a court house for Richardson County, $20,000. Approved February 14th, 1873.
An Act to vacate the alleys in Blks 6, 72, and 125 Falls City, Richard- son county. Approved February 9th, 1871.
An Act to authorize Zachariah J. Parsons to establish a ferry across the Missouri at Rulo. Approved February 5th, 1866.
An Act extending the time for commencing of a railroad in Richardson County. St. Louis and Nebraska Trunk R. R. Was to be located so as to pass through Rulo and Arago.
· An act to provide for the perfecting the probate records of Richardson County and confirming the same. Approved February 9th, 1871.
An act to provide for selling 10 acres of northeast 1/4 sec. 16 twp .. I north of Range No. 16 in Richardson county, so as to include the burying ground situated on said land. Approved June 24th, 1867.
An act to revive the herd law within precincts of Muddy. Porter, Franklin, Humboldt, Grant, Liberty, in Richardson county. Approved June 3rd, 1871.
An Act to vacate the townsite of Winnebago. Approved February 5th, 1866.
An Act to vacate the Townsite of Yankton. Approved February 10th, 1866.
An Act to vacate the Townsite of Archer, in Richardson County. Approved February 10. 1866.
CHAPTER VI.
LOCATION OF COUNTY SEAT.
We have gone to a great deal of pains to examine the official records of the county in tracing the various elections on the matter of locating the county capital the one event among all others important in the beginning of county government. The matter of its location in Richardson county differs little, perhaps, from that of other counties from the fact, that of the citizens of a new country, many at the very outset become excited over this one momentous event from other causes than a desire in getting a point most advantageous to all as to geographical location. In all new countries the matter of real-estate values are at once effected and it thus becomes a matter of pecuniary interest to a very great number of the people. So it was in our case, as will be seen by following the history of the various contests. If the historian were confined strictly to the official minutes of the meetings of the commissioners' court in session at th eearly territorial county seat of Archer, or that of the later one at Salem, the story told in the minutes would convey but little information bearing upon the various phases of the elec- tions. The record made by them is here given, however, for the purpose of showing that official notice of the various elections was taken and for the further purpose of showing officially the dates of such elections and the names of those present on the several occasions, who took part in an official sense. This we have believed was important in an historical story, such as this. of what was no doubt the most hotly contested elections ever held in the county and the ones upon which the turning point in the history of a very great area of the county was most largely affected.
The official minutes of the commissioners court go so far as to say in the various instances that "no choice was had between the various contest- ants," but gave no result in figures throwing light on the result of the canvass of the votes in a definite sense. Nor do they give any idea of the struggles in every precinct of the county in the matter of the work done by the friends and various partisans of the towns entered in the races. This part is left for others to tell and much of it will never be told. as no record of it is now available.
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RICHARDSON COUNTY, NEBRASKA.
That an election for the purpose of giving the people of the county a chance to make a selection of a town within the county for a seat of gov- ernment was long expected, and that events had for years been shaping to that end, is more than proven from the fact that more than one townsite had been laid out by speculators with an idea single to its availability for just such a purpose and those sponsoring the same had bended every energy pos- sible at their command in an attempt to win friends for their particular town.
FIRST ELECTION.
Taken from minutes of board of county commissioners' meeting held at Salem, Nebraska, Territory on (special term) November 15, 1858:
"Now comes the county commissioners and in pursuance of an act of the Legislative Assembly of the Territory of Nebraska, entitled an act to establish permanently the county seat of Richardson county, approved Octo- ber 3, 1858, it is by said board ordered that an election shall be held at the several voting precincts of Richardson county on Monday, the sixth day of December, 1858, for the purpose of determining the choice of a majority of the voters of said county as to the location of said county seat.
"It is also ordered that in pursuance of law an election shall be held at the same time and places to ascertain the choice of a majority of the voters of said county on the question whether an act passed at the fourth regular session of the Legislature of the Territory of Nebraska to Restrain Sheep and Swine from running at large shall be enforced in Richardson County."
The following were appointed as judges and clerks of election :
Archer precinct No. I: Ambrose Shelly, Archibald McMillan, Wingato King.
Salem precinct No. 2: John Cornell, John W. Brinegar, Richard M. DeLong.
Speiser precinct No. 3: John Luginbill, Elijah G. Davenport, James M. Allen.
Rulo precinct No. 4: Charles Martin, John Stone, R. F. Cunningham. St. Stephens No. 5: William R. Cain, Jacob Wagoner, Lewis Philip. Franklin precinct No. 6: John Corlett, H. B. Porter, William Furrow.
SECOND COUNTY SEAT ELECTION.
Taken from minutes of board of county commissioners held at Salem, Richardson county, Nebraska Territory, December 9, 1858, there being pres- ent Commissioners F. L. Goldsbury and Arnett Roberts :
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RICHARDSON COUNTY, NEBRASKA.
"Now comes the Board of County Commissioners and by them it is ordered that a second election shall be held in the several voting precincts of said county on Saturday, the 25th day of December, 1858, for the purpose of determining the location of the county seat of said county in pursuance of the provisions of an act of the Legislature of said territory, entitled an Act to Locate permanently the County Seat of Richardson County, approved October 3, 1858, there having been no place elected to be the said county seat at the election on the 6th day of December, 1858, and it is further set forth in said order that the town of Rulo, St. Stephens, Falls City, and Salem are to be the four contending points for said county seat, they being the four highest points voted for at said election on the 6th day of December, 1858."
THIRD COUNTY SEAT ELECTION.
Taken from minutes of county commissioners at meeting held at Salem . on the 27th clay of December, 1858:
"Special Term of the County Court held at Salem on the 27th day of December, 1858, a petition from the citizens of Archer Precinct praying for the removal of the voting place from Archer to Falls City, presented and signed by Phillip Breamer and eighty-nine others, of which said prayer was granted."
A third election on the county seat question was then ordered to be held on the tenth day of January, 1859, for the purpose of permanently locating the county seat of Richardson County.
The following named persons were judges of said election to serve in the different precincts :
Archer No. 1: W. M. Maddox, W. King, Isaac Crook.
Salem No. 2: J. Coffman, R. M. DeLong, T. Greenup.
Speiser No. 3: J. Luginbill. J. B. Shellhorn, E. J. Davenport. Rulo No. 4: C. Martin, B. F. Cunningham, J. W. Stone. St. Stephens No. 5: J. Campbell, F. Chauvin, J. Cowan. Franklin No. 6: J. Scott, J. Corlett, A. D. S. Ayers.
The foregoing business was transacted by Commissioners F. L. Golds- bury and Arnett Roberts.
RELATIVE TO BUILDING COURT HOUSE.
Copy of the following appears on the minute book of the county com- missioners. February. 1859:
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RICHARDSON COUNTY, NEBRASKA.
"Salem, Richardson County, Nebraska Territory, February 11, 1859. "Know All Men by These Presents :
"That John A. Burbank. Mayor of Falls City, on behalf of the corporate authorities of the Town of Falls City is firmly held and bound to the county of Richardson and Territory of Nebraska in the penal sum of Five Thousand Dollars, lawful money of the United States, for the payment of which I bind myself and successors.
"The conditions of the above is that if the above named parties shall erect or cause to be erected upon the public square in Falls City a two-story Brick or Concrete Court House, Thirty by Fifty feet in dimensions and to cost not less than ($3.000.00) Three Thousand Dollars to commence the same on the First Day of May next and to donate the same with the Twenty- Four Lots contained in the Public Square to the County of Richardson.
"Provided the County Seat should be located at Falls City by Vote of the People at coming election and to be held so long as the County seat shall remain at Falls City and no Longer, then this obligation to be void other- wise to remain in full force.
"Witness My Hand and Official seal this 29th December, 1858.
"JOIIN A. BURBANK (Mayor.) F. C.
"Attest :
"S. R. JAMISON, Dct. Clk."
LOCATING COUNTY SEAT.
From minutes of county commissioners court held at Salem, Nebraska, March 7, 1860:
The following named persons are appointed judges of election: Falls City precinct, David Dorrington, James Buchanan and E. W. Hutchinson.
St. Stephens precinct. Jacob Wagoner. William R. Cain and L. Allege- wahr.
Rulo precinct. Isaac May. A. P. Forney and Joshua Murry.
Franklin precinct. H. B. Porter, J. W. Davis and Boyd Reeves.
Salem precinct, Thomas Greenup, S. McDaniel and R. M. DeLong. Speiser precinct. 1 .. DeWebber, J. Shellhorn and J. Luginbill.
Ordered that there be an election held in the several voting precincts of Richardson County, Nebraska Territory, according to an act of the Legis- lature approved January, 1860, for the purpose of locating the county seat of said county, on the First Monday in April, 1860.
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RICHARDSON COUNTY, NEBRASKA.
Commissioners Court, April 7, 1860. Present, Thomas McIntire and Charles Cornell.
At an election held in Richardson county on the first Monday of April, 1866, for the purpose of locating the county seat of Richardson county. No place getting a majority of all the votes polled, the board ordered that an election be held on the 16th day of April, 1860, to decide which of the fol- lowing named places shall be the county seat, viz: Salem, Falls City, Rulo and Arago.
Present, Thomas McIntire and Charles Cornell. At an election held on the 16th day of April, 1860, in Richardson county for the purpose of locat- ing the county seat of said county. No one place getting a majority of all the votes polled the board ordered that another election be held on Monday the 4th of June, 1860, to decide which of the following named places shall be the county seat viz : Falls City and Rulo, they being the two places which received the highest number of votes at the election held on the 16th of April. A. J. DESHAZO, County Clerk.
DATE OF ELECTION CHANGED.
"Seven petitions were presented asking to change the time appointed for the County Seat Election be changed from June to an earlier day. The petitions were granted. The time was changed from the first Monday in June to Tuesday the 22nd day of May."
A. J. DESHAZO, County Clerk.
"On to wit: 25th day of February A. D. 1859:
"Now at this day the matter of the contested election for the County Seat of Richardson county being for determination as between Falls City, Contestant, and Salem, Defendant. The same having been hereto before on to wit the 19th day of February A. D. 1859 argued and submitted by counsel for said parties respectively. And having been considered and duly weighed. It is considered, determined and adjudged that the judges of election at the St. Stephens Precinct were not lawfully qualified to hold said election wherefore in canvassing the votes cast at said election. The votes cast at said St. Stephens Precinct were properly and of right should have been rejected. And it is further determined and considered and proved by evidence produced in said contest and by the admission of parties that more votes were cast at the Falls City Precinct at said election in favor of Salem for County Seat than were returned by the election Board of said precinct
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