USA > Nebraska > Lancaster County > Lincoln > Lincoln, the capital city and Lancaster County, Nebraska, Volume I > Part 4
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Within the limits of the Union Pacific Railroad Land Grant the price of gov- ernment land was $2.50 per acre, and the amount allowed for a homestead was re- stricted to eighty acres. Exception, however, was made in the case of a soldier who had served at least ninety days in the War of the Rebellion and who had been honorably discharged; he was entitled to 160 acres of land at $2.50, but in all other respects had to comply with the requirements of the Homestead Act.
To obtain a homestead, the party was required, in connection with his applica- tion, to file an affidavit that "he is the head of a family, or over the age of twenty- one years, and a citizen of the United States, or has declared his intention to become such ; that said entry is made for the purpose of actual settlement and cultivation ; that said application is made for his own exclusive benefit and not directly or indirectly for the benefit or use of any other person or persons whom- soever." This affidavit had to be made before the register or receiver of the land office or before the clerk of the court of the county in which the party was an actual resident. When made before the county clerk it had to receive his official seal.
On filing the application and affidavit and paying the required fee and commis- sions ($14.00) the entry was permitted.
No certificate could be given, or patent issued until the expiration of five years from the date of said entry, and if at the expiration of said time, or at any time within two years thereafter, the person making such entry, or if he was dead, his widow, or in case of her death, his heirs or devisee, or in case of a widow making such entry, her heirs or devisee in case of her death, had to prove by two creditable witnesses, that he, she or they had resided upon and cultivated the same for five years immediately succeeding the date of filing the affidavit, and had to make affidavit that no part of the said land had been alienated, and that he had borne true allegiance to the government of the United States, that he or she if at that time a citizen of the United States, should be entitled to a patent as in other cases provided by law. In case of the death of both parents leaving minor children, the land could be sold for cash for the benefit of such heirs and the purchaser received a title from the United States.
Lands entered under the Homestead Act were exempt from taxes and liability for debts contracted prior to the issuing of the patent therefor.
When a homestead settler had failed to commence his residence upon the land so as to enable him to make a continuous residence of five years within the period (seven years) limited by law, he was permitted, upon filing an affidavit showing sufficient reasons for his neglect, to date his residence at the time he actually commenced such habitancy, and was required to live on the land five
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years from said date, provided no adverse claim was attached to said land, and his affidavit was supported by the testimony of disinterested witnesses.
In the case of a death of a homestead settler, who left a widow and children, should the widow again marry and continue her residence and cultivation upon the land entered in the name of her first husband, she was permitted to make final proof as the widow of the deceased settler, and the patent was issued in the name of his heirs.
When a widow or single woman had made a homestead entry and thereafter married a person who had made a similar entry on another tract, it was ruled that the parties might select which tract they would retain for permanent resi- dence, and would be permitted to enter and pay for the other tract on making proof of residence and cultivation up to the date of marriage. They could con- tinue to hold both tracts as homesteads.
If a homestead settler did not wish to remain five years on his land the law permitted him to pay for it with cash or warrants, upon making proof of settle- ment and cultivation from the date of entry to the time of payment. This proof had to be the affidavit of the party, corroborated by the testimony of two creditable witnesses. The sale of a homestead claim by one settler to another before com- pletion of title was not recognized by the general land office, and not only vested no title or equities in the purchaser but would be prima facie evidence of abandonment and give cause for the cancellation of the claim.
The law allowed but one homestead privilege. A settler relinquishing or abandoning his claim could not thereafter make a second homestead entry. A per- son having made settlement on a surveyed tract and having filed his preemption declaration thereof, might change his filing into a homestead, provided no adverse claim was attached to the land.
There was another class of homesteads designated as adjoining farm home- steads. The law permitted the applicant in these cases, owning and residing on al. original farm, to enter other land lying contiguous thereto, which should not with such original farm exceed in the aggregate 160 acres. Thus, for example. a party owning and residing upon eighty acres might enter eighty acres additional of $1.25, or forty acres of $2.50 land, if vacant land could be found contiguous to his farm. In such cases the settler had to describe in his affidavit the tract he owned and lived upon. Actual residence upon the tract entered as an adjoining farm was not required, but bona fide improvement and cultivation of it had to be shown for five years.
The right to a tract entered under the Homestead Law commenced from the date of entry in the district land office, and not from date of personal settle- ment upon the land as in the case of a preemption claim. When an individual had made a mistake in the description of the land he desired to enter as a home- stead and wished to amend his application he was allowed to do so upon making affidavit, sustained by the testimony of two disinterested witnesses, setting forth the facts and proving that he resided and had valuable improvements upon the tract he first intended and then desired to enter.
In making final proof the homestead party had to appear in person at the land office and there make the affidavit required of him. When from physical disability, distance or other good cause, the witnesses of said party could not attend in person at the land office, their testimony in support of the claim could
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be taken where they resided, before an officer authorized to administer oaths. This testimony had to be filed in the land office. At the time of making final proof the homestead party had to be a citizen of the United States. A declaration to become such was not sufficient.
A homestead settler had to make the tract entered his actual residence and home. A temporary occupancy of a few days during each six months would not entitle him to the benefits of the Homestead Act ; and a change of residence or an abandonment of his claim for six months at any time before the expiration of the five years was sufficient cause for the cancellation of his entry.
A settler might relinquish his homestead to the United States by surrender- ing his duplicate, with his relinquishment endorsed thercon, or if the duplicate had been lost, the fact should be stated in the relinquishment duly signed and acknowledged.
Where application was made for the cancellation of a homestead on the ground of abandonment, the complainant had to file his affidavit with the local land officers, setting forth the facts on which his allegations were founded, describing the tract and giving the name of the settler and the date of his entry. The officers would then set apart a day for a hearing, giving all parties interested due notice of the time and place of the trial. The testimony of two witnesses was required to establish the abandonment of a homestead entry. The expenses incident to such contest had to be defrayed by the contestant.
In case of contest or relinquishment another entry could not be made until the cancellation was ordered by the commissioner of the general land office, and the fact that a party instituted proceedings and paid the expenses incident to a contest, gave him no prior right to the tract in question, which was open to entry to the first qualified applicant.
A party who had made final proof, or commuted his homestead, or relinquished the same, was not thereby disqualified from exercising the right of preemption, nor was a person excluded from the benefits of the Homestead Law because he had theretofore availed himself of the right of preemption. The law allowed a homestead settler six months from the date of his entry in which to erect his house and commence his actual residence upon the land. The fees to be paid at the district land office were as follows : final declaratory statement, $2.00; making homestead entry, $14.00; final homestead proof, $4.00. In making payment with land warrants the following fee had to be paid: forty acre warrant,$1.00; eighty acre warrant, $2.00; hundred and twenty acre warrant, $3.00; hundred and sixty acre warrant, $4.00. These warrants could be used in payment of $2.50 lands by paying in addition to the warrant $1.25 per acre.
FIRST CLAIMS IN THE COUNTY.
There is no definite information as to who took up the first preemption claim in Lancaster County, but the supposition is that John D. Prey and sons were the ones ; it is established that they were the first to take claims for permanent settle- ment. This was in 1856.
The first homestead in the county entered under the law of 1862 was by Captain Donovan, on January 2, 1863. He took a location just east of the present site of the state hospital.
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Mr. John S. Gregory, in a speech delivered at an old settlers' meeting at Cushman Park on June 19. 1889, said in part :
"The early summer of 1862 found me residing in eastern Michigan, possessed of a comfortable bank account, with the ambition for adventure usual to adoles- cent youth and a government commission as United States mail agent, a position which enabled me to pass free over the mail routes of the United States, including stage lines. About this time a relative who had passed by the salt basins on his return from California called upon us and advised me to take advantage of my opportunities and visit them, which I immediately proceeded to do.
"The only railroad line then in operation west of the Mississippi was the Hannibal & St. Joe through northern Missouri and I took that route. The road was then in possession of the Missouri 'rebs,' their pickets guarding most of the stations, but the United States mails were permitted to pass freely, and although I wore the livery of Uncle Sam I was not molested.
"From St. Joseph to Plattsmouth I went by stage. At this point public trans- portation was at an end, and I hired a horse to ride the rest of the way. From Weeping Water to the basin I followed an Indian trail over the 'divide,' then an absolutely unsettled waste of rolling prairie-not a settler from Weeping Water until at Stevens Creek William Shirley had a ranch, a log cabin of two rooms.
"The older settlers know what an Indian trail is, but as I think some of the later ones do not, I will describe it to you. When the roving bands of Indians pass from place to place they pile the coverings of the wigwams and their camp utensils upon their ponies' back and they fasten the tent poles to each side of the loaded pony, the ends dragging along on the ground behind. They often pile 150 to 200 pounds on the pony, and sometimes a squaw or papoose on top of that. Another squaw leads the pony and after forty or fifty have passed along in Indian file the sod is worn away so that it looks very much like a good wagon road. But ponies can pass where wagons cannot, so many a tenderfoot has found out to his sorrow.
"I reached the present site of Lincoln toward evening of a warm day in September. No one lived there or had ever lived there previous to that date. Herds of beautiful antelope gamboled over its surface during the day and coyotes and wolves held possession during the night. Mr. Donovan resided at the town (on paper) of Chester about eight miles south. He did not remove to Lincoln until 1867. About a mile west on Middle Creek the smoke was rising from a camp of Otoe Indians and down in the neck of Oak Creek, where West Lincoln now stands, was a camp of about 100 Pawnee wigwams. I rode over and that night slept upon my blanket by the side of one of them, and the next morning went over to the salt basin. The tread of civilization had not then marred its surface. It was smooth and level as any waxen floor. It was covered with an incrustation of salt about a quarter of an inch deep, white as the driven snow, while the water of the springs was as salt as brine could be. I had seen the basin for the first time, in its most favorable aspect, and was naturally quite enthusi- astic over its prospects. A roofless and floorless log cabin stood upon the margin, built the year before by J. Sterling Morton, who had gone out from Nebraska City and 'preempted' the basin ; but it was deserted and desolate.
"I immediately retraced my steps to Weeping Water, and there bought ox teams and wagons, and hired men, and went to work in earnest for the con-
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struction of salt works, which the following year I had in operation and of the capacity of about two tons a day. The salt found ready sale to the freighters from Denver and the mountain regions beyond, at two to three cents a pound. Until the railroads reached the Missouri River and brought eastern salt into competition, it was quite profitable work. My first residence was a dug-out, that is, an excavation dug into the bank of a hill, or rather the creek bank, with a big cottonwood timber for a ridge pole, covered with poles then topped with hay and soil. At the rear was a log fireplace. The front was of sod. Rather crude was all this, but yet quite comfortable.
"The County of Lancaster was organized in the spring of 1863 and I had the honor of being chairman of the first board of county commissioners. An attempt had been made to organize the year before, but it had fallen through because there could not be found available men enough in the county to hold the necessary offices. In the spring of 1864 the Lancaster Colony located at Lincoln, com- posed of the families of J. M. Young. Dawson, Mckesson, Merrill, Giles, Harris, Lavender. Warnes, Humerick, Hudson and one or two others whose names I do not just now recall. They staked out the town and called it Lancaster and soon afterward had the county seat established there. The first postoffice in the county was established in 1863 and was named Gregory's Basin. I was appointed post- master with a yearly salary of $3.00. I was also allowed $12 per year for carry- ing the mail weckly from Saltillo, then in Clay County."
EARLY TAX LISTS
In 1864 the following were the tax payers in the townships and the amount of land upon which they were taxed.
Lancaster Township: Joel Mason, 160 acres; Abraham Beales, 560 acres : Robert Bogges, 160 acres ; Julius Cardwell, 160 acres ; Gerusha Fouts, 160 acres ; Erastus Partridge, 120 acres: Richard Wallingford. 320 acres: Jonathan Ball, 240 acres ; James Couthard, 160 acres ; Henry Simmons. 160 acres ; Robinson, 400 acres ; Lew Cochran and Chipman, 1400 acres ; J. M. Young, 280 acres ; Bartlett, 160 acres ; E. H. Eaton, 480 acres ; J. W. Seymour. 320 acres.
Stephens Creek Township: Adam Meyer, 160 acres ; Benjamin Hemple, 80 acres ; David Huntington, 160 acres ; M. McDonald, 120 acres ; John Lee, 80 acres ; W. L. Prey, 480 acres ; James Moran, 320 acres ; E. H. Eaton, 160 acres ; David Dennis, 80 acres ; L. J. Loder, 160 acres ; R. E. Farmer, 160 acres ; Michael Harley, So acres ; Solomon Deming, 80 acres ; J. P. Loder, 160 acres ; James E. Neil, 160 acres : Charles Guthman, 120 acres ; H. II. Pettit, So acres ; Charles Retzlaff, 120 acres ; Aaron Wood, 80 acres ; John Lemcke, 320 acres : John Irvin, So acres ; E. L. Johnson, 2640 acres.
Saltillo Township: J. W. Prey, 160 acres ; T. R. Prey, 160 acres ; D. R. Mills, 820 acres ; O. E. Boydston and E. Warner, 280 acres ; James Etherton, 160 acres ; William E. Hayes, 320 acres; John Cadman, 160 acres: John Hilton. 120 acres : Edward Hilton, 160 acres; Julian Metcalf, 440 acres; Joel Mason. 160 acres ; Alexander Noble, 160 acres ; Morrison Brock, 160 acres ; Joshua Buel. 280 acres ; Michael Allen, 160 acres : John Foster, 480 acres ; W. W. Dunham, 160 acres ; G. H. Hilton, 1,240 acres ; William Roggenkamp. 120 acres ; Harmon Beach, 160 acres ; James Isler, 160 acres ; J. D. Prey, 240 acres ; Solomon Kirk, 40 acres ;
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Stephen Kent, 120 acres; John Seymour, 160 acres; Nancy Seeley, 160 acres ; Charles Thorngate, 160 acres; Steve Meecham, 120 acres; W. A. Williams, 160 acres ; Charles Krull, 40 acres ; L. N. Haskins, 40 acres ; Harmon Beach, 160 acres ; John Brunton, 120 acres; John Burtwell, So acres; W. E. Keyes, 160 acres ; Jefferson Wilson, 80 acres; E. L. Warner, 360 acres ; J. D. Brown, 160 acres ; A. B. Thornton, 200 acres ; J. B. Wasson, 160 acres.
Lancaster Township, 1865: Robert Bogges, 160 acres; Julius Cardwell, 160 acres; E. S. Reed, 80 acres; Jacob Dawson, 160 acres; W. R. Field, 40 acres; Editha Dawson, 160 acres; Wesley Queen, 120 acres ; these are in addition to those mentioned in 1864.
The new ones listed in Stephens Creek, as it was then spelled, in 1865, were : Barnhardt Storms, 160 acres; Sam Twist, 40 acres; Owen Marshall, 40 acres ; WV. Jones. 120 acres; L. G. Todd, 160 acres; Dennis Dowd, 80 acres; Joseph Huines, 40 acres; Robert McClaskey, 120 acres; John Dee, 80 acres ; James Moran, 320 acres ; Robert E. Farmer, 160 acres ; Daniel Harrington, 160 acres.
The tax payers in the Town of Lancaster in 1866 were: J. M. Young, Jacob Dawson, Beasley, J. M. Mckesson, Nancy A. Mckesson, E. H. Hardenberg, J. G. Miller, G. Morrill, Calvin Crawford, Charles Crawford, Milton Langdon, C. D. Akins, Charles Bloyd, Thomas Hudson, Cyrus Carter, James Riddell, Luke Lavender, W. A. Bridge and Peter Billow.
CHAPTER II ORGANIZATION AND GOVERNMENT OF LANCASTER COUNTY
COUNTY ELECTIONS
The first move for the organization of Lancaster County occurred in the fall of 1859, when a public meeting was held under the "Great Elm" which stood on - the east bank of Salt Creek, near what is now the northwest corner of the Burling- ton depot grounds in Lincoln. Festus Reed was elected chairman. Mr. Reed made a specch to the people assembled, extolling the future greatness of the state and county. A. J. Wallingford, Joseph J. Forest and W. T. Donovan were appointed a commission to select a location for a county seat and they chose the present site of Lincoln, which was accordingly laid out, in 1864, and given the name of Lancaster. In 1863 a part of Clay County, which county had been eliminated, was added to Lancaster, giving the latter the area it now has, 864 square miles. Lancaster County is thirty-six miles in length and twenty-four in width.
This division of Clay County between Lancaster and Gage counties was largely the work of Mr. John Cadman, a noted pioneer of this territory. Cadman and John S. Gregory were both members of the territorial legislature in the winter of 1864, and it was the former's idea to partition Clay County between Lancaster and Gage. Gregory. although at first opposed to the scheme, finally advocated it. The two, unable to plan exactly how the partition was to be effected, sought the counsel of T. M. Marquett who then represented the city in the so-called council. His management of the affair was very satisfactory. Cadman was working for the location of the county seat of Lancaster at Yankee Hill, near the present state hospital, and which he had staked off into a town. Elder Young platted the town of Lancaster in the summer of 1864 and he also wished to have the county seat for his town. John S. Gregory had persuaded the legislature to appropriate $500.00 for a bridge over Salt Creek in Lancaster County, with a view of having it located at Lancaster. The commissioners who were appointed to view the ground for the purpose of selecting the proper place for the bridge were equally attracted by Cadman's and Young's arguments, so, not being able to favor one side above the other, simply divided the money between the two. Thus, with the aid of local subscriptions, a bridge was built across Salt Creek at each place. Lancaster had the benefit of the salt basin and Yankee Hill was located on the freight road from the Missouri River.
In old Clay County the settlers had established what they thought would be a county seat at Olathe and when Cadman managed to have the county abolished
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they naturally became enemies of his and planned revenge in some way. Their opportunity came in the county seat election of the summer of 1864 in the W. W. Cox house just south of the great basin ; when the votes were counted Lancaster had won and was officially declared the county seat. Mr. Cox, in his article on "The Beginning of Lincoln and Lancaster County" upon another page of this volume narrates rather humorously the county seat fight as he saw it.
LANCASTER COUNTY ELECTIONS
One of the first elections upon record as having been held in what is now Lancaster County was that of October 10, 1859, which election had been ordered by the commissioners of Cass County, to which the unorganized county west was attached for election and judicial purposes. This election was held at the house of William Shirley on Stevens Creek. A. J. Wallingford, J. J. Forest and W. T. Donovan were chosen county commissioners ; Richard Wallingford was elected county treasurer ; L. J. Loder, county clerk ; and John P. Loder, county . recorder.
On October 9, 1860 a general election occurred, being held at the house of W. T. Donovan for Lancaster County. Twenty-three votes were cast. The following names were inscribed on the official poll list: Jeremiah Showalter, Richard Wallingford, J. D. Main, C. F. Retzlaff, Jonathan Ball, Hiram Allen, Benjamin Eaves, Festus Recd, Daniel llarrington, James Coultard, Benjamin Hemple, William Shirley, James Moran, J. J. Forest, E. L. Reed, Michael Shea, L. J. Loder, John Dee. A. J. Wallingford, Aaron Wood, Lucius West, J. P. Loder and W. T. Donovan. For delegate to Congress J. Sterling Morton received II votes and Samuel G. Dailey 12. For councilman, equivalent to a state senator, T. M. Marquett received 13 votes and W. R. Davis 2. For joint or float councilman Samuel H. Ebert received 15 votes and Mr. Cozad I. For representative William Gilmore had 16 votes ; Louden Mullen, 15; W. R. Davis, 16; William Reed, 16; E. W. Barnum, 12; and J. N. Wise, 6. For county officers the following were chosen: commissioner for one year, J. J. Forest; for two years, A. J. Wallingford; for three years, W. T. Donovan ; treasurer, Richard Wallingford; clerk, J. P. Loder. There was no candidate for sheriff, prosecuting attorney or coroner. Festus Reed and Richard Wallingford were elected justices of the peace and C. F. Retzlaff and James Coultard constables.
On October 8, 1861 the county election was held at the home of James Moran and fourteen votes only were cast. Several new names appeared upon the poll list, such as E. Galvin, E. L. Barrett, T. G. Maxwell and Michael McDonald. J. J. Forest was elected county commissioner ; Festus Reed, probate judge ; L. J. Loder, sheriff; J. P. Loder, clerk; C. L. Barrett, assessor; T. G. Maxwell and J. Moran, justices of the peace ; and Jonathan Ball and C. F. Retzlaff. constables.
At the election of October 14, 1862 the division of the county into two pre- cincts was disregarded. Fourteen votes were cast by the following: Messrs. Cox, Mason, Foster, Calkin, Chatterton. Blunt, Wallingford, Ball. Chambers, Loder, Maxwell, Van Benthusen, Donovan and Coultard. T. M. Marquett received 12 votes for councilman for the district. George L. Seybolt received 10 and J. E. Doom 3 votes for joint councilman. Five other Cass County men received votes for representative and T. G. Maxwell received 13 for the same
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office, but the other counties in the district not favoring him so much, he was not elected. Joel Mason was elected commissioner.
In 1863 the county election was held on October 13th. Fifty-five votes were cast in Lancaster County. J. S. Gregory, William Shirley and P. S. Schamp were elected commissioners ; Milton Langdon was made clerk; Richard Wallingford, treasurer ; Joseph Chambers, sheriff; J. J. Forest, surveyor; Dr. John Crim, coroner; J. D. Main, probate judge. J. S. Gregory was elected to the state legislature for the representative district to which Lancaster belonged and John Cadman, who lived in the part of the county then belonging to Clay County, was elected for Clay, Johnson and Gage counties. Ile was responsible for the obliteration of Clay County and the division of the territory between Lancaster and Gage.
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