History of the city of Omaha, Nebraska, Part 13

Author: Savage, James Woodruff, 1826-1890; Bell, John T. (John Thomas), b. 1842, joint author; Butterfield, Consul Willshire, 1824-1899
Publication date: 1894
Publisher: New York, Chicago, Munsell & Company
Number of Pages: 1020


USA > Nebraska > Douglas County > Omaha > History of the city of Omaha, Nebraska > Part 13


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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DOUGLAS COUNTY COURT HOUSE.


CHAPTER IX.


DOUGLAS COUNTY-WASHINGTON SQUARE-THE NEW COURT HOUSE-COUNTY OFFICIALS, DISTRICT JUDGES AND LEGISLATORS.


Douglas is one of the original counties, eight in number, created by Acting Gov- ernor Thomas B. Cuming in 1854, and until February 7th, 1857, included the present County of Sarpy within its limits. It con- tains about 321 square miles, with abundance of water, and a soil of unsurpassed fertility. The early importanee assumed by Omaha resulted in the land in the eastern part of the county being purchased by speculators as soon as the title could be secured from the general government, and for twenty years following but little improvement was made thereon, as farmers and stoek-raisers eould buy exeellent land a few miles farther west, north or south for much less money. The past ten years, however, have wit- nessed great changes in this respect, and now Douglas County will compare favorably with any other in the State, as regards the development of stoek-raising, agriculture and fruit-growing resources.


The first white settlers in the immediate vieinity of the present site of Omaha were the Mormons, who located six miles above, in 1845 and 1816, when driven out of Nauvoo, Illinois. This settlement was first called " Winter Quarters," and the name afterwards changed to Florence. It was from this point that the expedition was sent out in 1847, under the leadership of Brigham Young, to seek a location for the " New Zion," which resulted in the settlement of the Mormons in Utah, which country they first named " Deseret," and under that title soon after sought admission to the Union of States.


When the county was organized, the fol- lowing county officials were appointed:


Probate Judge, William Seott; Register of Deeds, Lyman Richardson; Treasurer, T. G. Goodwill; Sheriff, P. G. Peterson. At an election held October 8th, 1856, Jesse Lowe, Thomas Davis and James II. McArdle were elected Commissioners; Samuel Moffatt, Treasurer; Thomas O'Connor, Register, and Cameron Recve, Sheriff. Moffatt failed to qualify, and George W. Forbes was elected Treasurer January 16th, 1857.


The records were kept very carelessly in those days, hence the official doings of our county officers cannot be traced further back than the month of December, 1856, on the 27th day of which month it was decided to levy a tax of two mills on the dollar in order to provide funds for building a court house and jail, and at a special meeting was held March 13th, 1857, the following was spread upon the records:


Articles of agreement made and entered into the 18th day of March, 1857, at the City of Omaha, in the Territory of Nebraska, by and between the City Council of Omaha of the first part, and the County Commissioners of the County of Douglas, and Territory of Nebraska, of the second part. witnesseth: That the said party of the first part, in consideration of the covenants and agreement hereinafter made by the party of the second part, doth hereby agree to, and with the party of the second part that they will and do, from and after this date, lease and forever let and convey and relinquish to the said party of the second part, all right title to, and interest in, that parcel of ground known as the Washington Square, and so marked and named on the plat of Omaha City, surveyed and platted by A. D. Jones, to the said party of the second part and their successors forever, for the uses and purposes of a court house and jail in the County of Douglas, Territory of Nebraska, and said County Commissioners are hereby


73


74


HISTORY OF THE CITY OF OMAHA.


authorized and empowered to give deeds for the said lots to any and all persons purchasing any part of said Washington Square, except 132 feet square of the southwest corner of said square, to be used for the purpose of building said court house and jail thereon but for no other purpose. without the consent of the City Council of Omaha. and when the said party of the second part shall cease to use said property as a court house a· d jail, then the said property so used for a court house and jail, viz: 132 feet square of the southwest corner of said Washington Square as above. together with all the buildings thereon, to revert to the party of the first part, and the title to rest in the party of the first part as though the agreement conveying the same to the said party of the second part had never been made. And the said party of the second part in consider- ation of the foregoing covenants and agreements on the part of the party of the first part, doth hereby agree to and with the said party of the first part that they will build a good and sufficient jail and court house for the County of Douglas. and will furnish to the party of the first part four rooms in said building which is to be con- structed after the plan and specification drawn by E. C. Barker, one room suitable for a Council room and Mayor's Court Room, one for a City Recorder's office and two for watch houses, or for such other purposes as the Council may direct, said rooms to be completed by the 1st of January, 1858.


This paper was signed by T. G. Goodwill and William N. Byers on the part of the city, and by Jesse Lowe and Thomas Davis on behalf of the county.


The work of erecting the building was pushed rapidly for a time, the contract for the brick and iron work being let to Bovie & Armstrong for $25,000.00; for the carpen- ter, tinwork, painting and glazing to James E. Boyd & Brother (John M. Boyd) at $11,975.00; the plastering to Hunt & Man- ning at $1,975.00, and the stone work to John Green at §1,510.00. The building was two stories high, 40x70 feet, with a stone foundation of ten feet, which afforded a basement six feet high, the height of the building from the top of the water table to the top of the cornice being 35 feet.


In April, 1857, there was a public sale of lots in Washington Square (bounded by


Farnam, Douglas, Fifteenth and Sixteenth), with the following result: George M. Mills bought the east 22 feet of lot 8 (northwest corner of Farnam and Fifteenth) for $1,140; 11. 11. Visscher purchased the 22 feet next adjoining on the west for $900 and the remaining third of lot 8 was sold to Dr. G. C. Monell and J. S. Izard for 8890. The east 44 feet of lot 1 (southwest corner of Douglas and Fifteenth) was sold to W. R. Demerest for $1,905 (this ground, including a two-story brick building, sold in 1887 for $85,000) and the west 22 feet of lot 1 was purchased by J. S. Izard for 8975, making the total amount received by the county from the two lots, $5,690, of which $1,896.65 was paid in cash and the balance in notes, one-half payable in three and the remainder m six months.


The following June the remainder of the property was offered at auction, when one Nicholls bought the east 22 feet of lot 7, (now occupied by the Merchant's Hotel) for $400; John II. Shahler paid $1,020 for the west 44 feet of said lot; the east 22 feet of lot 2, (fronting on Douglas and now cov- ered with a portion of Falconer's store) and the west 22 feet of lot 3 were bought by W. A. Collins for $960; the middle 22 feet of lot 2 was sold to M. Rudowsky for $445; the west 22 feet of 2 and the east 44 feet of lot 3 were bought by T. Martin for $1,420, and lot 4 was sold to J. J. Brown and W. F. Sweesy for $1,425. It is on the west half of this lot that Mr. Brown has recently erected a magnificent stone business block at a cost of $150,000. The total amount real- ized from this sale was $5,670, of which $1,890.05 was paid in cash and notes were given payable in two and four months for the remainder. Thus these six lots were sold in 1857, and before the financial disas- ter of that year, at a period of great pros- perity for Omaha, for $11,360. To-day the ground, stripped of buildings, would be a bargain at $600,000.


The money thus obtained was put into the


75


DOUGLAS COUNTY FINANCIAL MATTERS.


court house fund, the work on that building having dragged slowly for lack of means. On the 4th of January, 1858, Commissioner Davis was empowered to present to the city the four rooms which had been finished in pursuance of the agreement of March 18th, 1857. But a question arose as to the rights of the city in that respect, the out- come of which was that the city was adjudged to have no ownership in the build- ing, as the deed to the county, made Janu- ary 10th, 1859, signed by George Armstrong, Mayor, was a clear transfer withont condi- tions of any kind. In later years, however, the city prisoners were confined in two of the basement rooms. In July, 1861, John Davis was awarded the contract to complete the court house for $1,336, and in Novem- ber of that year the Presbyterian Society was granted permission to hold services in the court room on Sundays, at a rental of $50 for the year. A Mr. Bruning, applying to the Commissioners for the privilege of giving a public ball Christmas night, it was accorded him on condition that he pay ten dollars " in advance," and at the same time the County Clerk was authorized to rent the court room for evening meetings at a rental of "not less than two dollars" for each meeting. A few days later that official reported the receipt of $23 from the Pres- byterian Society and $20 for the use of the court room two nights for balls, and was instructed to use $33.75 of the money to "pay the express charges on a package of books addressed to the register of deeds," evidently held by the express company for want of funds to pay the charges.


The assessed valnation of Douglas County in 1855 was 8311,116, personalty and realty; in 1862, as shown by a report made to the Commissioners in June of that year, it was as follows: Lands and town lots, $850,- 941.33. Personalty, 8352,990, Total, $1,203,- 931.33. On this return a levy of three and a half mills was made for Territorial purposes, eleven mills for county tax and a poll tax of


one dollar. The valuation for taxation for 1890 was: Lands, $3,213,000. Lots, $16,909,- 581. Personalty, $4,900,839. Total, 825,023,- 420. The balance on hand in the county treas- ury January 1st, 1890, was $131,925.43. The last report printed by the County Commis- sioners was dated July 26, 1890, and brings the financial business of the county up to January 1st of that year. The levy was 18 mills on the dollar.


In illustration of the financial straits through which the people of Nebraska were passing in those early days, may be men- tioned the fact that in building the court house, the Commissioners signed one note for 83,000 and another for $1,000, and in September, 1862, a special election was called to vote upon a proposition to levy a tax of a half mill to provide a sinking fund for the payment of these notes. The note for the larger sum was then drawing thirty per cent. interest, and the other twenty per cent. At the election 138 votes were cast in favor of the proposition, and none against. In November of that year the assets of the county were shown to be $17.474.04; lia- bilities, $49,343.74; excess of liabilities over assets, $31,869.70.


The record of the Commissioners' pro- ceedings for .July 2d, 1866, shows that action was taken on an account presented by Joel T. Griffin " for killing seven wolves," by the drawing of a warrant on the Territorial treasury " to pay for the same," but the market price of wolves at that time is not stated.


In March, 1869, a resolution was adopted by the County Commissioners reciting that " the public interests will in a few years imperatively demand the erection of a new court house, jail and other county build- ings, and, whereas, the present site of the court house is wholly insufficient in and for the purpose aforesaid, and, whereas, it is deemed expedient that immediate action be taken to secure to the county ample grounds for the purposes above indicated," it was


76


HISTORY OF THE CITY OF OMAILA.


resolved, " that the owners of property in Omaha be, and they are hereby invited to make propositions to convey to the county not less than two acres of ground for the purpose aforesaid, in some convenient and acceptable location, and that such propo- sition be received until the 1st day of May, 1869." Evidently there was a dearth, at that time, of property owners holding ground by the acre within the city limits, a there is no further reference made to the matter in the Commissioners' records.


In April, 1869, a resolution was offered providing for the enclosing and improving of forty acres of the county farm. Com- missioners Gise and Eicke voted in favor of the resolution, but Chapman opposed it " for the reason that a case is now pending in the Circuit Court of the United States for the District of Nebraska against the county and in favor of William Arthur Esq., for the foreclosure of a certain mort- gage upon the county farm, and it is inexpedient to expend any money in improving the said farm until said case is disposed of." The county farm of 160 acres, so valuable now, was purchased in 1859 by the Commissioners for either $6,000 or $7,000, which price also included a ten-acre timber tract south of Omaha, to which the title afterwards proved defective. As to whether the purchase price was the greater or less amount named depends upon how Douglas County warrants were rated at that time. The seller took, as cash pay- ment of $1,000, warrants of the face value of double that sum, and so considered, he was getting $6,000 for the property, while the Commissioners called it a cash payment of $2,000. which brought the total up to $7,000, as notes to the amount of $5,000, secured by mortgage, were given for the balance of the purchase price. The Commissioners afterwards found that they could not legally bind the county in that manner, and of course refused to pay the notes when they became due, and suit was


brought to recover possession of the prop- erty. In defense, the county, by its attorneys, John C. Cowin and James M. Woolworth, claimed that the failure of the title to the timber land rendered the sum actually received by the seller full value for the 160 acres, as land was then selling (a number of witnesses testifying it was worth only $10 an acre), and also pleaded the statute of limitation. The county won the case in the lower Court, but upon an appeal being to the Supreme Court of the United States, the verdict was set aside, and the county finally required to pay about $12,000 additional to acquire perfect title.


The project of improving the county farm was carried out, and in September, 1869, a contract, was let with Reuben Bar- ringer to erect a building thereon for $8,474, which was afterwards added to at various times, until a very comfortable and commodious structure was provided for the accommodation of the destitute of the county.


In 1878, the block bounded by Farnam, Harney, Seventeenth and Eighteenth, was purchased for a court house site at a cost of $35,913, and the following year the county jail was built on the south-west corner thereof, at an outlay of about $35,000. In November, 1880, an election was held to vote upon the proposition to issue bonds to the amount of $125,000 for the building of a court house, the total cost of which was to not exceed $150,000, which proposition carried by a vote of 3,550 for to 1,541 against. The plans of E. E. Meyers, of Detroit, Michigan, were accepted by the Commissioners, with the understanding that the cost of the building, including heating, would not exceed $139,000. There was some delay in getting to work, and the price of material increased somewhat meanwhile, and in November, 1881, another election was held to pass upon the proposition to authorize an expenditure of $198,000


77


DEDICATION OF THE COURT HOUSE.


instead of $150,000. To this the voters of the county assented, an additional $50,000 was voted, and the contract was awarded to John F. Coots, of Detroit, at $198,616. Certain changes were made in the plans, however, as the work progressed, and the total cost of the building was $204,787, exelusive of the cost of the retaining wall, which a change of grade on surrounding streets rendered necessary. D. L. Shane was employed by the county as superin- tendent, during the erection of the building, in which eapacity he gave eminent satis- faction.


There were three bids for supplying the new court house with furniture, one by Ernest Feige, of East Saginaw, Michigan, of $13,875; one by Contractor Coots of 820,031 and the third was by Dewey & Stone, of Omaha, of $25,318. The former received the contract. The corner stone of the building was laid with great ceremony October 25th, 1882, and the structure for- mally received by the Commissioners, May 28th, 1885, at which time an invitation was extended the publie to inspeet the building. This invitation was generally accepted and the handsome structure was thronged during the entire day with visitors, all eloquent in their praises of the beauty of the building and its adaptability to the purposes for which it was ereeted. In the evening there were formal dedieatory exereises in the main court room, which was handsomely decorated. Musie was furnished by the bands of the Hibernian Society, the Union Pacific and the Musical Union. Geo. W. Ambrose, Esq., presided, and addresses were made by John C. Cowin, Esq., Judge Eleazer Wakeley, Judge James Neville, Judge James W. Sav- age and County Commissioner Riehard O'Keefe, the latter elosing the exercises by presenting to Superintendent D. L. Shane a handsome gold-headed eane, in appreciation of the valuable serviees he had rendered the County Board and the taxpayers, generally, during the ereetion of the building.


The Douglas County records were kept in a very small space in the early days, as com- pared with that now required. Thomas O'Connor, the first elected Register of the eounty (his only predecessor, Lyman Rich- ardson, having been appointed by Governor Cumings), says that for some time a case, with pigeon holes, about two feet square, was sufficient. This case was made by James E. Boyd & Bro., contractors for the wood work on the old court house, and whose carpenter shop was located on the south side of Harney street, directly west of the present site of Stephenson's livery estab- lishment. Speaking of Register O'Connor, that official became involved in a difficulty in 1855 of a somewhat personal eharacter. A fellow countryman, Pat. McDonough, employed by Governor Cumings, was directed by the latter to hurry up the trans- fer aeross the river of certain government supplies and eame in contaet, on the ferry boat, with one of the Wells brothers, then engaged in building the Douglas House, who was insisting that their material be given the preference by the overworked ferry manager. Ifigh words ensued and McDon- ough was thrown into the river by Wells, who was at onee siezed by ()'Connor and tossed overboard. Fortunately the men escaped drowning, but it was a elose call for both.


In the spring of 1887 a traet of fifty acres, the east side of the county farm, was platted into building lots as Douglas addition. Real estate was selling rapidly at that time and the proposition to sell this property at publie auetion met with general favor. The sale took place in June, and having been well advertised was largely attended. Com- petition was very lively and priees obtained far beyond what had been hoped for, the result being that an aggregate of $330.480 was received for the fifty acres platted, this amount being inereased considerably by interest on deferred payments.


78


HISTORY OF THE CITY OF OMAHA.


Comparative statement of taxes raised :


YKAR


*LEVY.


AMOUNT.


1859


10


$ 28,635 61


1860


18 2-10


31.437 38


1861


164


23.146 53


1862


18g


24.996 26


1863


12


21,016 40


1864


10 21-40


34,567 75


1865


11 43-60


45,383 06


1866


17%


108,461 91


1867


13 11-24


93 974 21


1868


9


80.086 81


1869


121


114,408 63


1870


16J


223.438 07


1871


21


258 321 64


1873


201


212,815 02


1873


21


207,493 20


1874


201


205 342 70


1875


21 39-40


217,661 04


1876


20


185,001 76


1877


20


158,816 80


1878


21J


169,597 90


1879.


22


181.905 78


1880


19]


174 874 08


1881


21


197.498 03


1889


23


237,067 08


1883


233


287,176 33


1884


238


309.512 11


1885


254


325.478 67


1886


231


419.183 41


1887


225


481,204 53


1888


20


555.566 00


1889


20 4-5


549,279 11


1890


18


487,903 16.


*Levy in mills.


Under the heading "Benevolent Institu- tions " will be found a history of the erec- tion of a county hospital on the west side of the county farm.


Following is a list of Douglas County officers, with date of election:


(Until 1887, the Board of Commissioners con- sisted of three members, elected. one each year, to serve three years. In 1887 the number was increased to five.)


COMMISSIONERS-Jesse Lowe. Thomas H. Davis and James H. McArdle, 1856 ; James H. McArdle and Sylvanus Dodge, 1857 ; Harrison Johnson and A. J. Critchfield. 1859 ; J. W. Parker, 1860 ; O. P- Hurford, 1861 ; James H. McArdle, 1862 : Thomas H. Allison. 1863 : St John Goodrich, 1864 : James H. McArdle and Edward M. Chaplin, 1865 : James G. Megeath, John M. Kelley. M. C. Wilbur and Haman Chapman, 1866 : (Samuel E. Rogers and Charles W. Burt also served a few months during 1866, to fill vacancies caused by resignations of Megeath and Kelley); Jonas Gise, 1867 : Henry Eicke. 1868 ; E. H. Sherwood. 1869 ; M. W. E. Pur- chase. 1870 ; James H. McArdle, 1871 : Benjamin P. Knight and Thomas Wilkinson, 1872 ; Josiah B. Redfield, 1873 ; James H. McArdle, 1874 : Ben- jamın P. Knight, 1875 ; Fred Drexel. 1876 : F. W. Corliss, 1877 : Benjamin P. Knight, 1878 : Fred


Drexel, 1879; F. W. Corliss, 1880 ; Benjamin P. Knight, 1881 ; Richard O'Keefe, 1882 ; F. W. Cor- liss 1883; George E. Timme, 1884: Richard O Keefe, 1885 ; W. J. Mount, 1886 ; William R. Turner. Peter Corrigan and Leavitt M. Anderson, 1887 : Richard O'Keefe: 1888 : Peter J. Corrigan and Richard S. Berlin, 1887 ; George Timme and Charles L. Van Camp. 1890. J. W. Paddock was selected, in 1891. to fill vacancy caused by the derease of Peter J. Corrigan: E. M. Stenberg, 1891.


PROBATE AND COUNTY JUDGES-William Scott, 1855 ; George Armstrong, 1859 : Hiram M. Dick- inson. 1862 ; Isaac S. Hascall, 1865 ; R. J. Stuck, 1867 : J. R. Hyde. 1868 ; L. B. Gibson, 1869 : Rob- bert Townsend 1871; William L. Peabody, 1873 ; C. H. Sedgewick. 1875 ; William O Bartholomew, 1877-9; (resigned, and Howard B. Smith ap- pointed) ; A. M. Chadwick, 1881-3 ; (died. and J. H. McCulloch appointed) : J H. McCulloch. 1885 ; George W. Shields. 1887-9; J. W. Eller, 1891.


COUNTY CLERKS-Thomas O'Connor, 1856 ; James E. Boyd and Charles P. Birkett. 1857; James W. Van Nostrand, 1859 ; Peter Hugus. 1861 ; Byron Reed, 1863 : Frank Murphy, 1865; C. A. Downey, 1867 ; Thomas Swobe, 1869 : William H. Ijams, 1871 ; Lewis S. Reed, 1873-5 ; John R. Man- chester. 1877-9 ; John Baumer, 1881 ; Herbert T. Leavitt, 1883-5 ; (resigned October 24th, 1885, and Gustave Beneke appointed) ; Charles P. Needham. 1886 ; M D. Roche. 1887 ; Peter J. O'Malley. 1889; Fred J. Sackett, 1891.


COUNTY TREASURERS-T. G. Goodwill, 1855 ; Samuel Moffatt. 1856: George W. Forbes, 1857 ; A. C. Althaus, 1859 ; James K. Ish, 1861-3-5 ; Wil- liam J. Hahn, 1867-9 ; Edward C. McShane, 1871 ; A. C. Althaus. 1873-5 ; William F. Hines, 1877-9 ; John Rush. 1881-3 ; Henry Bolln, 1885-7; Adam Snyder. 1889; H. B. Irey, 1891.


SHERIFFS-P. G. Peterson. 1855: Cameron Reeves, 1856 ; John C. Heilman, 1859 ; Thomas L. Sutton, 1861-3 ; Andrew Dellone, 1865 ; Aaron R. Hoel, 1867; Henry Grebe, 1869-71; Alfred Burley, 1873-5 ; George H. Guy, 1879-81 : David N. Miller, 1883 ; William Coburn. 1885-7 : John F. Boyd, 1889; George Bennett, 1891.


REGISTER OF DEEDS- Lyman Richardson, 1855 ; Thomas O'Connor, 1855-6-7. The office was then merged into that of County Clerk but was revived in 1887 when T. A. Megeath was elected and re- elected in 1889.


COUNTY AUDITOR-J T. Evans, October 1, 1889. Still in.office.


SUPERINTENDENTS OF INSTRUCTION-A. A. Sea- grave, 1869 : Jeremiah Behm, 1871; S. D. Beals, 1873 ; John Rush, 1875; John J. Points, 1877-9-81 ; James B. Bruner. 1883-5-7; A. Mathews, 1889; George W. Hill, 1891.


79


LIST OF DOUGLAS COUNTY OFFICERS.


SURVEYORS-Benjamin P. Knight, 1383 ; B. E. B, Kennedy, 1865; Benjamin P. Knight, 1867; An- drew Rosewater, 1869; George Smith, 1871-3-5-7- 9-81-3-5; Charles H. Howes, 1887 ; J. E. House 1889; George Smith, 1891.


CORONERS-Emerson D. Seymour, 1860-2; E. Dallow, 1863; J. R. Conkling, 1865 ; C. H. Pinney, 1867; Jacob Gish, 1869; J. R. Conkling, 1871; Jacob Gish, 1873-5 ; Joseph Neville. 1877 : John G. Jacobs 1879-81; W. H. Kent. 1883; John C. Drexell, 1885-7; C. P. Harrigan, 1889: M. O. Maul, 1891.


COUNTY PHYSICIANS-J. C. Denise. 1867-9-71 ; William McClelland, 1873; S. D. Mercer, 1875 ; Joseph Quinlan, 1877-9; J. R. Conkling, 1881 ; John D. Peabody, 1883; W. S. Gibbs, 1885 : J. S. Deories, 1887 ; P. S. Keogh, 1888-9.


COUNTY ATTORNEYS-Before the admission of the Territory as a State, County Attorneys were also Prosecuting Attorneys. When Nebraska became a State. E. Estabrook was appointed Pros- ecuting Attorney by Judge Lake, to serve until the election in the fall of 1868, when John C. Cowin was elected and served from January, 1869, to January, 1873. He was succeeded by William J. Connell, who served until January, 1877, his successor being E. H. Buckingham, who died soon afterwards and Charles J. Greene was appointed to fill out the nnexpired term. Arthur N. Fer- guson was elected in the fall of 1878 and served until January, 1881. when he was succeeded by Nathan J. Burnham. Park Godwin succeeded Mr. Burnham in January, 1883 ; Lee Estelle filled the office from January, 1885, to January, 1887, and was succeeded by Edward W. Simeral, who served until January. 1889, the present incumbent, T. J. Mahoney, being his successor.




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