The trail of the Loup; being a history of the Loup River region, Part 15

Author: Foght, Harold Waldstein, 1869-
Publication date: 1906
Publisher: [Ord, Neb.]
Number of Pages: 318


USA > Nebraska > Sherman County > Loup City > The trail of the Loup; being a history of the Loup River region > Part 15


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).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28


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be termed the first county seat. But this place was altogether too far east to suit the settlers living in the western part of the county. So it came about that a new county seat, Cedar City by name, was founded near the middle of the county, on Cedar Creek, or as it is now often designated- "River." This town proved, however, to be a "bird of passage" only, for as soon as Wheeler county was again divided, in 1884, and Bartlett made


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the permanent county seat, Cedar City passed away so rapidly that today its very foundations are no longer to be seen.


Since the organization of Wheeler county there had been considerable dissension among the settlers relative to an eventual division of the county into regular congressional counties. In 1884 such a division actually took place and Garfield county was organized. Burwell was by gubernatorial proclamation-made the temporary county seat, and an election was called to be held at the store of Mr. Graber, at Burwell, December 30, 1884.


The ante-election campaign brought out three rivals for county seat honors-Willow Springs, Burwell and Midvale. A bitter struggle ensued, wherein county officials and settlers took sides and joined the faction which seemed at the time to suit their own ends best. All Garfield county was divided into rival camps. However, election day dawned and even before the formality of a regular count had been gone through with, it was seen that Willow Springs was the winner with votes to spare. But the law pro- vides that where more than two contesting points are voted on, a second election shall be called to choose between the two getting the highest vote in the first election. Midvale had received the smallest vote and was there- fore dropped. The second election was set for January 30, 1885.


Another month of bitter campaigning and full of anxiety passed, and election day was again at hand. Both factions were out in force as the vote all along had promised to be a very close one. In this respect no one was disappointed. for out of a total vote of 277, Willow Springs received 142 and Burwell 135, a difference of only seven votes. But this result was not satisfactory to the south siders, who asked and received from the State Supreme Court, a writ of mandamus, issued April 9, 1885, whereby a recount of votes was or- dered.


This recount took place April 18, and resulted, -Willow Springs 105 and Burwell 128. Such a remark- able figure was the direct result of gross irregularities. It seems that before the canvassing board had time to count the returns, the en- tire "Dry Cedar" vote was done away with. The story goes that there are those still living in Gar- field county who could, if they were Incident from the Garfield County Seat Fight: Sheriff Johns Serving the "Writ" on the County Clerk. (From the Willow Springs Illustrated Gazette. ) so inclined, tell the secrets of that remarkable coup d' etat. But how- soever this may be the machinations proved of no avail, as the Supreme Court set aside the alternative Writ after a careful hearing of both sides in


165


THE FURTHER HISTORY OF GARFIELD COUNTY


the contest. The judges subsequently gave the certificate of election to Willow Springs, declaring that town the legally chosen county seat.


Now ensued a spectacular fight for the possession of the county rec- ords. The County Clerk, Henry W. Mattley, and County Commissioner O. E. Randall, insisted that Burwell was and should remain the county seat. A majority of the board, James Butler and M. E. Guyer, on the other hand, were as insistent on making Willow Springs the county seat. The county records contain some very interesting reading in this connection. First the county clerk called a meeting of the commissioners as follows:


Commissioners of Garfield county will please meet at my office on Saturday, May 16th, 1885, for the purpose of declaring Burwell the county seat of Garfield county, Nebraska.


May 8th, 1885. HENRY W. MATTLEY, County Clerk


Then it appears that two of the members ignored this call entirely as the minutes here appended show :


Office of Clerk.


Burwell, Nebraska, May 16, 1885.


In accordance to above call Mr. O. E. Randall appeared at office and as he was unaccom- panied by either of the other commissioners, no business was done.


Attest: H. W. MATTLEY, Clerk.


But all this time the other two members of the board were planning to organize the county government at Willow Springs. To that end a meet- ing was called for June 2. On their minutes we read these terse, epi- gramatic statements :


Willow Springs, June 2, 85.


H. W. Mattley ordered to appear instanter-fails-Sheriff sent after him.


W. E. JOHNS, Sheriff. James Butler Comms present at


JOHN W. ABBOTT, Clerk Pro Tempore M. E. Guyer Ì Meeting.


It would appear from the above, and from statements of eye witnesses and participants that at first the clerk flatly refused to move his books from Burwell to Willow Springs, and that there was talk of holding the tem- porary court house by force of arms if need be; but better judgment finally prevailed, so that when the sheriff a second time crossed the river for Mr. Mattley, he was found in waiting on the south side of the river, willing to be transported to the victorious "Springs."


But the end was not yet. In 1887 the Burlington and Missouri River Railroad in Nebraska commenced building northward, up through the val- ley, on the south side of the river. From Ord it extended its grade to Bur- well, and on to Butka on the Calamus. This was a death blow to Willow Springs. Poor "Springs!" had she not been living in the almost certain hope of getting an extension of the Union Pacific which had these many years had its terminus at Ord? And, now, at one fell stroke she was ut- terly ruined ! As was expected, a new election was ordered, and this time resistance was simply hopeless. February 16, 1890, decided the county seat question forever. Burwell received 288 votes, while Willow Springs could muster only 148. Thus the change was made and Willow Springs passes out of history.


The above is a terse outline of the bitter struggle which for years set neighbor against neighbor in Garfield county, almost threatening for a


16 6


THE TRAIL OF THE LOUP


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Ballot- Box


The Loss of the Ballot Box: An Interesting Act in Garfield County History Retold in Pictures. (From the Willow Springs Illustrated Gazette,)


167


THE FURTHER HISTORY OF GARFIELD COUNTY


brief time intestine war. But fortunately this is all over now, and though not entirely forgotten. has long been forgiven; so that those who partici- pated in the fight, are again on as good terms of comradeship as when they first, as brothers, toiled over the Trail of the Loup.


No one person, perhaps, was more vitally interested in the county seat struggle than H. C. Jones of Willow Springs He furnished much of the "sinews of war," and when all was lost and Burwell won, it meant financial ruin to him. It is but proper then that he should be allowed to tell his story of the matter, and in his own way. The narrative gives many side- lights and is, in the main, correct, though his memory may at times err in minor details. He says :


"In 1884 the proposition for a division of the county was submitted to the people and carried. Frank Webster had laid out a townsite the year before and there were five or six buildings up at that time, and perhaps more-I have forgotten-and it had gotten the temporary county seat. Tom Hemmett and the Acrees had laid out a town a quarter of a mile west of. my store and called it Willow Springs. Frank Webster's town was named Burwell. John Acree at that time was our main politician. He was a talker, a great schemer of very nervous disposition and never at his best unless well loaded with Hostetter's Hunki Dori Bitters of which I kept a good supply.


"The same year, I think, the location for county seat of the new county of Garfield came up. The contest was very warm between Burwell and Willow Springs. In the contest Willow Springs won with the aid of our friends in the north and east part of the county. As soon as the result was known Tom Hemmet and the Acrees began to put up a building for county offices. At the end of the time allowed for canvassing the vote it was found that the ballots, poll book, etc,, of Dry Cedar precinct had been stolen and the Burwell people had the clerk (who was a Burwell man) de- clare in favor of Burwell, but soon after he wanted to take it back as his own brother was going to scalp him. About that time there was a strong talk of war-a war of extermination. Most of the citizens on both sides of the river denounced the act, and on account of it the feeling was very strong in favor of Willow Springs.


"In less than two hours after the clerk had announced the result, men were riding over the country on different missions; one to Cedar City after a certified copy of the poll book, another to the district judge for an injunc- tion, etc .. and a letter was written to the governor to "head off" the clerk's returns. and everything was done that could be thought of to get our rights by law. Wise council prevailed and there was no resort to arms, but the matter was kept in the court for some time, Willow Springs winning.


"The building was completed in the meantime and a store started in the lower room thereof. Other buildings went up and by the first of June 1887, Willow Springs had two general stores, one grocery. one news- paper, two drugstores, one bakery, one hardware, one bank, one black- smith shop and several dwellings. I then bought the Hemmett building.


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THE TRAIL OF THE LOUP


had it remodelled and moved my store up there but found it too small. Just before I moved, the county records were brought over from Burwell by sheriff W. C. Johns, who had a little squabble with the Burwellites to obtain possession of them, and we had the county seat in fact. But the B. & M. Road built to Burwell and we had to fight for our existance. Some of the newcomers got skittish and made arrangements to move their buildings to Burwell and give up our town. As soon as a start was made away went everything but one other and myself. I had doubled the size of my buildings and had the largest stock of goods in the county and held a good share of the trade. But the fight for relocation of the county seat was kept up continually by Burwell. Whenever they got up a petition we got up a counter petition which carried more names than theirs, conse- quently the commissioners would not grant their petition.


"About this time W. Z. Todd started the "Enterprise" at Willow Springs. Soon after Geo. Gill came out from Ohio and started a hardware and tinshop and Willow Springs was "looking up" again. Burwellites got out another petition ; we got out a remonstrance and hired men to canvass the county with it. When the commissioners met there was considerable oratory and wire-pulling but the board decided not to call an election. The Burwellites applied for a mandamus. H. W. Todd was sent to Grand Island to look after the interests of Willow Springs and succeeded in knocking them out. I wish to go back a little and show what we had to do to keep up our end of the fight.


"At the time our town had reached its best we wanted a bridge across the Loup The county wasn't able to build it; a bond was out of the ques- tion, so we had to hustle. $780 were subscribed towards the building of a bridge. $100 of this amount was subscribed by Commissioner Jackson and others, of Burwell, who when they discovered that the bridge would not be located just where they wanted it, promptly withdrew their subscriptions.


"Then we got busy and laid out a road on the south side of the river and one on the north side, both terminating at the river, and demanded a bridge. It was then up to the board. We agreed with them to make up what the county lacked in funds to put in the bridge and it was built.


"All this cost me money. And to make matters worse a hailstorm de- stroyed the crops about this time and I was compelled to do a large credit business and had to borrow money to pay my bills. We had gotten tired of the continuous fight on the county seat. Burwell folks raised about $1,200 to use in the election in 1889 and came over to see some of our friends. They sent them to me. I told them if they would give me a lot in Burwell and move my store onto it and would provide for W. Z. Todd and Geo. Gill, I'd quit. They agreed to it. Todd and Gill were moved over and my goods and building were also moved. Then the election returns showed Burwell to be victorious.


"The result of the fight was disastrous to me. I was compelled to sell out at 75c on the dollar and eventually lost my home also. One part of the county never went back on me-Erina, and I never lost a cent by them.


169


THE FURTHER HISTORY OF GARFIELD COUNTY


Bless the people of Erina. May they always prosper."


Burwell is the only town of consequence in Garfield county. It may in a way be said to be the outgrowth of "The Forks" postoffice, located down near the old mill on the river road. The townsite lies at a bend in the river not far from the point where the Calamus blends its waters with the eddy- ing North Loup.


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As to the origin of the name there are several stories told, more or less reliable. One has it that it was given to perpetuate the name of a certain young woman, the betrothed of one of the Webster family platting the town, but who died before the nuptials could be solemnized. The writer will not, however, vouch for the truth of this rather romantic christening.


The town was platted by Frank Webster on his home farm and was for many years "Webster's town." This gentleman's ideas of what an ideal townsite ought to be were certainly remarkable and may best be understood by a glance at the erection of the public square. This is very large, but instead of being approachable by streets intersecting at its far corners, they approach it as bisectors of the four sides.


Even this would not have been so bad had the inside plat of ground been dedicated to the city as presumably first intended. When Mr. Webs- ter later sold his interests to the Burwell Townsite Company it appeared that the inside of the square had not been so dedicated. Accordingly he began selling this in parcels for building purposes. A protest and threat on the part of the townsite company led to a compromise and a division of lots on the "inside square." This unfortunately has for all time spoiled the appearance of the public square.


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THE TRAIL OF THE LOUP


The first store building at Burwell was that of Wm. N. Becker & Co. This was in 1883. Alfred A. Graber soon followed with a sinall hardware store. Almost at the same time Frank Webster commenced building. A very few residences were added and we have Burwell's embryo. In 1884 Garfield county was created and the governor of Nebraska made Burwell


Home of D. S. Beynon at Burwell.


the temporary county seat. Frank Webster's store became the depository for the official records and documents. Here the temporary county gov- ernment met. Then came the county seat troubles and Webster's store was for a time the objective point in the operations.


A. A. Graber et al's writ of mandamus was overturned by the very court which had granted it and Willow Springs was declared the county seat. This made the Burwellites pretty glum for a time. But the gloom was not to last long, for in 1897 the B. & M. commenced building up the Valley. The old rival was overthrown utterly and was only too glad "to move over" and become a part of the new county seat. As if by magic Willow Springs residences and stores left their "anchorage" and in an in- credibly short time became a part of Burwell. Thus the town grew at a moderate pace and had a population of 150 when the decade of general prosperity closing with 1890 terminated. During the next ten years its progress was not marked. In fact between 1890 and 1896 it experienced a considerable set-back. The remaining four years of the decade were spent in getting the town back on a normal footing.


In 1900, and more particularly since 1903, Burwell has made good strides onward. In the latter year the town had less than 500 inhabitants; now it is almost 700. Four years ago there was hardly a modern house on


THE FURTHER HISTORY OF GARFIELD COUNTY


171


the townsite; now on the other hand, as so aptly illustrated in the ents in this chapter, Burwell boasts a surprisingly large number of very fine houses.


Beautiful Home of Robert Wicks, Burwell.


Excellent cement sidewalks are rapidly displacing the old wooden struc- tures. A new eight-room school building was completed in the fall of 1903


WHEng DENVER


Comfortable Home of Mr. Cram. Burwell.


at a cost of $10,000. The city owns its own waterworks system, and a pri- vate corporation furnishes an ample supply of acetelyne gas to light the


172


THE TRAIL OF THE LOUP


streets and homes of all who desire it. It is safe to prophecy that Burwell will continue to prosper and to grow. By degrees the sand-hills to the north will be reclaimed to fruitfulness and the town's territory will as gradually become more and more populated.


Garfield county is in main a grazing district, well adapted to raising cattle and sheep. The Loup Valley part of the county alone is fit for true agriculture. But the despised sand-hills will yet be the making of the county. Alfalfa grows well in the draws and lowlands. Bromegrass and English bluegrass will soon spread their green, succulent mantle from hill to hill and make this one of the richest hay producing belts in the entire country. Such is pretty sure to be the future of Garfield county.


STATISTICS.


Population (1903) 2,800


Area. 576 sq. mi.


Miles of railway .4.17


Best tillable lard $25.00 to $60.00


Fair tillable land. $15.00 to $25.00


Hay and pasture land. $4.00 to $6 00


DESCRIPTION BY TOWNSHIPS. *


Range 13.


T. 21. North half and southwest sixth mostly level, fertile: rest roll- ing, fair soil.


T. 22. Cedar valley, quite sandy ; rest sand hills and hay flats.


T. 23. Southwest quarter Cedar valley, sandy, but tillable; rest sand hills with few hay valleys.


T. 24. Northeast quarter rolling, mostly tillable; rest sand hills and hay flats.


Range 14.


T. 21. Rolling, fertile; mostly tillable.


T. 22. Mostly sand hills; some fertile land in south third.


T. 23. Sand hills and hay flats.


T. 24. Cedar valley, fertile; about four sections on north, sand hills. Range 15.


T. 21. Southwest half in North Loup valley, fertile; rest quite roll- ing, mostly fertile.


T. 22. South half rolling, fertile; north half sand hils and hay valleys.


T. 23. Sand hills and hay valleys; some shallow lakes.


T. 24. Cedar valley, fertile; rest fair, rolling land, interspersed with sand hills.


Range 16.


T. 21. North Loup valley, fertile; rest very rolling, fertile.


T. 22. Southwest quarter mostly tillable; rest sand hills and hay val- levs.


T. 23. Sand hills and hay valleys.


T. 24. Sand hills and hay valleys.


* From the bulletin of the Bureau of Labor, Lincoln, Nebr., 1902.


Loup County and Its Possibilities.


CHAPTER XIV.


Thy spreading fields are yielding recompense for honest toil. Nebraska. dear Nebraska.


The smile of God is beaming ever on thy fertile soil. Nebraska, dear Nebraska.


Once the dainty golden-rod peeped above the virgin sod. Where today we see the beet leaves green and curled.


Grain and cattle from thy fields nature's richest bounty yields. And Nebraska. our Nebraska, feeds the world.


Will M. Maupin.


L OUP COUNTY was settled in 1874. The first settlers to trail the Loup beyond the Garfield county settlement and squat within the confines of Loup county were Rodney P. Alger, John R. Goff, D. L. Bowen, B. J. Harvey, A. M. Gurnsey and Wm. Burns with their families. A few months later, when work on Fort Hartsuff was begun, a number of addition al families became temporary dwellers within the limits of the territory.


In the spring of 1875 an Indian scare seized the outlying farmsteads; the growing crops were abandoned and the whole community assembled in the little, well-known park on R. P. Alger's farm, and there erected tem- porary abodes. For greater security a stockade was erected and dubbed "Fort Rodney," in honor of Rodney P. Alger. The Indians. however, did not appear and shortly all the staunch-hearted among the settlers returned to their abandoned homes; a few timid ones only left the country for good.


Fort Hartsuff was soon afterwards completed and the colony freed from any further Indian experiences.


In the summer of 1876 and the following spring the colony was further increased by the arrival of the Rushos, T. W. Williams, D. A. Gard and G. C. Snyder, all with their families. These arrivals settled near where Kent and Taylor are now located.


During the winter of 1876-'77 A. M. Gurnsey succeeded in getting a special postoffice established. Mr. Gurnsey was appointed postmaster and the office named Kent. For a time the mail was carried by volunteers who took turn about making the trip down to The Forks and back.


Grand Island, one hundred miles to the south, was in those days the nearest railroad connection. Thither did the settlers have to go for most of their necessaries of life. During the first few years of scant crops it was a common thing for the settlers to cart ox-loads of cedar posts all the way


174


THE TRAIL OF THE LOUP


to York and Butler counties-a round trip of fully 300 miles-to exchange the same for flour, groceries and other necessaries of life. Ten days to three weeks were counted necessary to make the trip; and during all this time the hardy freighter was subject to the discomforts and hardships oc-


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casioned by the uncertainty of weather conditions- swollen and unfordable streams, sudden storms. and the like.


"During the summer of '77," says David Gard, "we were all so busy breaking prairie and putting in crops, that no one had time to make a trip to the nearest grist mill, which was then fifty miles down the valley. For a while we accordingly ground our corn and wheat on hand coffee-mills."


The first school district was organized in 1876 under the jurisdiction of Valley county, where Rev. Oscar Babcock was at that time county superin- tendent. The district, which was designated as No. 9, was very large, con-


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LOUP COUNTY AND ITS POSSIBILITIES


taining more than thirty square miles. A sod house with dirt roof and stamped clay floor was erected on section 36, T. 21, R. 18. Rose Harvey was the first teacher employed to teach here, and her first term was only three months long.


The first general store in the county was opened by A. Kitzmiller at, Kent in 1880. He was obliged to haul all of his merchandise from St. Paul, which point the Union Pacific Railroad had now reached.


Time passed and other families were added to the list already men- tioned. There were A S. Moon, David McCord, Thomas Croughwell, William A. Clark, Jacob and Wesley Strohl, William Forbes, Henry Copp, John Burlingham, William Thomas, B. S. Sawyer, George Spangler, John Abbott, George Craven, Charles Copper, John Wheeler, George Abbott, Calvin L. Copp, Stephen Roblyer, Wesley Rains, H. Dunbar, Mrs. Phoebe Glover, and many others.




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