Fulton County, Illinois - Chapter 20: Miscellaneous the Canton & Liverpool Plank-Road Company, 1879 (part 1 of 2)

Chapter 20: Miscellaneous the Canton & Liverpool Plank-Road Company

Prior to the days of railroads in this part of the State plank roads and turnpikes were built on the main traveled routes to the principal towns, generally those situated upon the river. The Canton & Liverpool Plank Koad was started from Liverpool to Canton in 1850. The road was constructed principally hy Canton merchants, business men at Liverpool, and farmers in the vicinity of the road. The distance from the Public Square in Canton to Liverpool was 13 miles, about IJ niiles of which is bottom land. The road-bed was graded 16 feet wide on the top, and the plank track was about 8 feet wide, laid uj)on one side of the road-bed. The plank was 2x6 inches and laid upon square oak stringers. The plank road was just wide enough for one wagon, and iu passing, one vehicle would have to turn out upon the dirt road. There were three toll gates arranged along the line at different places for the purpose of collecting toll, which was so much per mile. One of these was located one mile south of Canton, one three miles further south, and one at Liverpool.

The Canton & Liverpool Plank Road Comj)any did the grading under the immediate supervision of the Directors of the Company. Thompson Maple furnished the lumber and jnit it down. Ho built a saw-mill about three miles from Liverpool for the purpose of sawing the plank for this road. The " slai) town " which originated by the construction of this mill still survives, and is known as Maple's Mill, which is on sections 10 and 11 , Liverpool township. The total cost of this ])lank road was ?4(),()0(). It did not prove profitable to the company and but one dividend was ever declared, and this was when the road was in good order and no repairs were needed during the season. The Company got into debt and made an assessment to relieve this embarrassment, which some of the stockholders failed to pay. It became greatly indebted to Thomson Maple for repairs. As this indebtedness was never liquidated it was sold some years afterwards to satisfy the claimants, when Mr. Maple bid it in, took up the plank and put it to other uses. The line was run for about six years, and was the only ]>lank road ever constructed in the county.

There was a dike thrown up from Copperas Creek over tlie bottom for a distance of about 2 miles. Copperas Creek Landi>ig was only 10 miles from Canton, whereas Liverpool was 13 miles ; and as this was a free road, it gave Copperas Creek Landing great advantage over the Liverpool Landing, and proved detrimental to the plank road. Had all the business of the country immediately interested been carried over the plank roajl it might have proven a profitable enterprise, both to the stockholders and to the people along the route; but this dike was constructed by merchants, or men who had warehouses at Co])peras Creek Landing, for the ])urpose of attracting trade to that point. Being nearer to Canton and reaching a good coal district, the farmers preferred Copperas Creek Landing to Liver-

County-Seat Contest

The question of moving the county seat from Lewistown to Canton began to be agitated in July of 1878. On Monday and Tuesday, August 5 and 6, the county was canvassed by men from Canton and other places, for signers to a petition praying for an election on the removal of the connty seat to Canton. There were secured to this petition 7,131 names. It was presented to the Probate Court Sept. 18, 1878, and the Judge called an election to vote for or against the removal, fixing the time a week later than the regular Novend)cr election. The canvass was begun and carried through with the utmost vigor by both Canton and Lewistown. Indeed efforts, unprecedented almost in the history of county-seat fights, - which are known to engender feelings more intensely bitter than any other public contests, were made in this canvass. That both Canton and Lewistown, with their allies, put forth tremendous effyrts, we ])resume will not be denied by any person. Both cities exerted themselves almost to their utmost, one to gain what it had not, the other to retain what it already had. Speakers were in every school-house advocating one side or the other. Canton sent out her Silver Cornet Band and Lewistown a martial band. Every available man in both cities was used. Farmers residing in the vicinity brought in their teams and hitched them around the scjuares ready for the use of any j)erson who might desire to go out in tlie iiitcr(\st of the res])ective cities. The various papers throughout the county were filled with lengthy editorials, local squibs, slings, etc., on the sul)iect. Here we will remark that pajiers have seldom advocated or oj)j)(»sed a measure with so much force, ability and energy, as the newspapers of Fulton county rljd this proposition during the exciting camj)aign. Circulars and posters were j)rinted by the thousand and sent over the county by both sides. We cannot even give a synopsis of the arguments, prt)mises and denials made by both ])arties, further than to briefly state the princij)al inducement Canton offered to the peoj)h' if they would give her the countyseat, and those made by Lewistown if they would let it remain with her. Canton offered to the connty acourt-honsc worth not less than $40,0o0. Tlie })hnis and sprcitieations were the same as used in the construction of the court-house at Waukcgan, 111., large cuts of which appeared in some of the papers. This building, with jail attached, was to be when coinj)leted and ready for occujjancy presented to the county. Lewistown offered to make the Circuit and County Clerks' offices fire-proof, at an expense of not less than S2,000 (which she did at a much greater outlay), and to fix up the old build-

As illustrating the efforts made to gain votes upon either side, we relate the following incidents, which actually occurred. We do it, not condemning either party, or any one, but as good-naturedly showing how much votes were prized, and how great the efforts sometimes put forth to secure them :

Shortly prior to the county-seat contest a great temperance revival had been held in one of the river townships, and this noble cause found many converts among the good people residing in that district, heretofore anything but staunch temperance folk. They had become teetotalers of pronounced and radical jirinciples. It so happened, too, that the majority of this community thought the removal of the county-seat advisable and should vote accordingly. Lewistown had exerted her infiuenee in the shape of arguments, but, seemingly, to no purpose, and the entire neighborhood was likely to go solidly for Canton, when by rights, owing to location, as Lewistown thought, it should be given to her. It would not do to let them go in that way. Something must be done, and a few Lewistonians proved themselves equal to the emergency. One night a buggy was filled with jugs of whi.sky at Lewistown and driven into this township. .The newly made and enthusiastic temperance men were called from their slumbers, and in that quiet, confidential tone to which politicians so often modulate their voice and deportment about convention or election time, they were told that, knowing them to be strongly in favor of the removal they had brought them a jug of good old liourbon for them to use among the "boys" in the interest of Canton. They visited many of the leading men in the same way, leaving or offering to leave a jug of whisky " in the interest of Canton." Their j)hin worked like a charm. It was one of the shrewdest schemes of the camj)aign, and none more effectual. The next day these leading men nudged each other in a confidential got-something-to-tell-you manner, and each related the experiences of the previous night, which, as was intended, turned them against Canton. They solemnly resolved to have nothing to do with men who would so grossly in^sult them, knowing of their recent strong temperance profession ; and the entire neighborhood came over in a body for Lewistown.

On a farm within a few miles from one of the towns of the county, (neither Canton or Lcwit?town) were two men, one in favor of the removal of the county-seat, the other thinking that things were well enough as tlioy were. Tlicy had reasoned among themselves and had manv animated discussions. At last the Lewistown man seemed to get the bettor of his Canton friend, a cousin, we believe. At least he so far converted him as to cause him to give up all notion of voting for Canton. He would remain at home and work, and not vote at all. This was indeed a great victory his friend had achieved, and so jubilant was he that he went to the town in Cj[uestion and related the intentions of his cousin not to vote. This was unfortunate for him, for voters were at a premium and no efforts would be spared to bring a delinquent to the polls where one was known to

That would not do ; so thought a prominent editor and a leading town official, who inclined toward Canton. These gentlemen immediately put off in their buggy for Farmer 's fine farm.

They found the gentleman, who had just driven into a corn-field with a two-horse wagon and began to gather a load of corn. They pressed him to go back to town with them and vote, but no ; he was obstinate : din't care about going. Anyway he would not go until he got his load of corn gathered and that would make it too late for him to vote. The editor proposed to the alderman that they join in and help gather the load of corn. He readily assented, their coats were thrown off and "ye editor" and official were soon throwing corn right and left. At last the large wagon box was filled and but no ; he loved to see his visitors work too well. He drew the load of corn to his barn and there made them shovel the cereal into the bin. Thev never flinched once, however, for thev were after a "vote," whi('ii they finally got.

At Farmington, which is near the Knox and Peoria county lines, there was a full corps of workers from both Canton and Lewistown on election day. It is said they had an abundance of liquors in quart and pint bottles. Of course there were two kinds: One would show its drinkers the importance of removing the county-seat, the other would be equally forcible in proving the importance of letting it remain where it was. The parties who pretended to represent the two cities Canton and Lewistown, at Farmington, were comparatively strangers there, and of course did not know the men who lived in the adjoining counties of Knox and Peoria; and it may be remarked that an unusual number of these gentlemen were in Farmington upon election day. One of them would be cornered, quietly presented with a quart bottle of the ardent and then urged to vote according to the views of the donor, when, to the chagrin of the " worker," he would cooly reply : " Oh ! I live in Knox county," or, " I can't vote for I'm a resident of Peoria county."

A week after the regular November election, after a most exciting campaign, the voters of the county decided not to remove the county-seat to Canton. It required a majority of two-thirds of all the voters in the county to carry the measure. There were cast for removal 4,785 ballots, against, 4,349, thus defeating the measure.

Matrimonial

One of the very first items recorded in the original record of this county was a certificate of marriage. Since then matrimony has enjoyed a long and prosperous "run." It is true, at times a slight dullness prevailed. The market fluctuated, as it were. The great financial panics which have brought hard times upon tlie country at diiferent periods have proven highly disastrous to matrimony. It will be noticed that in the following table the years immediately succeeding the great crashes, the number of marriage licenses issued have fallen off remarkably. For instance, in 1838, the year after the great financial crash of 1837, when the internal improvement system of the State collapsed,there were only 88 licenses issued, whereas the previous year there were 126. As the county regained its former prosperity the number of marriages increased, until 1854, the year preceding the pressure of hard times of the j)revious year. 1855, '56 and '57 proved prosperous seasons for matrimony, but 1858, the following year after the crash of 1857, the decrease in number of marriages is quite perceptible. From 1860 till the close of the war and tlie boys came marching home, matrimony waned. In 1865, '6() and '67, however, the figures show an unprecedented season of prosperity in matrimony. Again after our last panic, that of 1873, we find a noticeable decrease.

In 1823, the fir.-jt year after the county was organized, no marriage licenses were issued. In lieu thereof, however, the officiating preachers or justices of the peace had an article certifying to the marriage filed in the office of the County Clerk. The first certificate thus recorded was for the marriage of Thomas L. Ross and Susan Nye, in July, 1823. The first coujile ever married in Chicago was when that citv was under the iurisdiction of this countv. Thev were Alexander Woolcott and Eleanor Kinzie, daughter of the famous John Kinzie, the first settler of Chicago.

In primitive times, when money was seldom seen among the pioneers, coon-skins were used as a medium of trade. Marriage licenses were often secured by the brave young pioneer boys with coon-skins. At one time Stephen Dewey, County C'lerk, had as many as 250 coon-skins on hand which he had received ibr licenses. Garen Thomi)son |)rocured the license wiiich authorized his marriage with Susanu Cole in 1828 of Stephen Dewey, ibr which he i)aid him four coon-skins. He had no money and as coon-skins were considered a legal-tender, they were readily taken. Nathaniel C. Bordwine was j)resent at the time. We would infer from this transaction that the price of a marriage license was ibur coon-skins.

It would ai)j)car that the County Clerk kept a regular "junk shop," almost, for besides taking coon skins in payment for official papers he would receive almost anything. One of the old settlers of Vermont townshi]) had met the girl he resolved to make his bride, and after the usual arrangements between the willing couple the day was set for being; married. The young; man was poor but full of pluck and energy. He eonld not raise the necessary amount of cash with which to procure the license, and as there were no coons in his " neck of the woods," or cl|e he was a poor marksman, he could not even get the coon skins to trade for a license. Undaunted, however, he was determined to try another way. He was the happy possessor of an old bridle. Hanging; this u[)on his arm he made his way to Lewistown, where he procured the necessary license and tendered the bridle in payment thereof The county official looked over the well worn article with some hesitancy, but soon bid the young man to depart in peace.

Rev. Wm. Rutledge, a pioneer Methodist preacher now living in Sangamon county, relates the following interesting incidents with respect to marriages : After the ceremony he performed on one occasion the groom asked him hon' mucii he charged. Mr. R. replied that he made no charge, but the young man could pay what lie chose. The groom took from his pocket three silver quarters, and holding them out in his open hand, said, "There: take till you are satisfied." One young man who Mr. Rutledge married had no shoes of his own fit for his wedding, and therefore borrowed his mother's shoes for the occasion. He agreed to i)ay for the ceremony when he dug his potatoes. ^Another benedict j)aid Mr. Rutledge $5 at the time of the ceremony, and a year or so afterward the matrimonial alliance had turned out so well that he handed the clergyman ^5 more. Mr. Ruthnlge relates the case of a Dutchman who went to Lewistown, obtained his license, got married, and on his way home in the wagon he recollected that he did not have the license with him, and suddenly exclaimed: "Och! I forgot mine license; I pays mine money for him; I goes back and gets him." Of course the parson kept the license.

There are some quaint documents on file in the matrimonial department of the County Clerk's oftice. Often when a young man went after a license the Clerk woidd not give it uidess he knew the girl was of proper age and her i)arents did not object to the marriage. Among the letters we take the following verbatim :

School Statistics

Supt. of Public Inntruction ; De.\r Sir: - I have the honor to submit this my Annual Report, hoping that you may find it accurate and satisfactory.

The Board of Supervisors in their wisdom saw proper to limit the time of the County Superintendent (100 days each year) ; heme I have but little or no supervision over the schools in this county.' This neglect of visiting the schools is the very best of reason why our schools are not in a better condition ; also the reason why that very many of the 3,381 children who are eligible to attend school do not attend. A majority of our experienced and best teachers have left this county and our schools for the past few years have wofuUy retrograded, from the fact that most of the schools outside of the towns arc iii the hands of the young and inexperienced, and there is no one who has the time or authority to instruct, or to drill in the great art of teaching, that would better enable teachers to asume the va.st resposibiiity, so that they would discharge every duty in a conscientious manner and with a pure and honest purpose.

Fulton is a large county; much work is required, and even the ordinary labor cannot be performed in the time granted by the Supervisors. To discharge my offifial duty I was employed fifty-five days over the time, and of course all those days of over time shall be gratuitious.

Now from the above statement it can lie easily seen why it is that "Teachers' Institutes" have ceased to meet, and -'Township Drills" are no longer practiced. As the School Laws have impo.sed a duty which is mandatory upon the County Superintendent - tliat of examining Township Treasurers' books, notes, etc. - and as he is required to report the result of this investigation to the Township Trustees, I think that surely the Board of Supervisors will at their next session grant as much more time at least as would be necessary to the accomplishment of this important work.

All the High Schools of the county are reported Only one acting under special charter, the other two are district graded schools. Respectfullv submitted,

In onler to find tho distance from one town to another, find the narae.s of the respective towns, one in eacii list. F(^r instance, if we wish to learn the distance it is from Fairview to Vermont, we trace down the list of names npon the left till we come to Vermont; then find Fairview in the upper list, and trace the columns of figures that each of these names are in until they meet, which will indicate the distance. We thus find it is 36 miles from Vermont, to Fairview.

Population

The following table gives th(,' })opuhition of Fulton County by townships for 1850, '55, '60 and '70, with the increase. Where a clash appears before a number in the columns of increase it signifies a decrease in the population of the township. We give an estimated population of the county by townships for the ])resent year in the last column but one. We base our estimate u})on the school census of 1879, and we believe it is not far from correct, although we do not claim it as official or as perfect, but think it will be found approximately so.

Nothing can better show the wealth, importance and standing of Fulton county than a comparison of assessments with other counties of the State. Such a comparison, which is by no means unfavorable to this county, will clearly set forth the resources of Fulton county as in relation to other counties of Illinoi.'^. It is not our desire or intention to make a commendable representation when not substantiated by facts. We give nothin<r but authentic fi<rures, such as are tiled with the State Auditor from each county, and therej'ore - may be relied upon as bold, stubborn facts.

As compared with other counties in the State, Fulton is sixth in area, containiufi; 549,973 acres. The five counties having a larger acreage, in their order are, McLean, La Salle, Iroquois, Livingston aud Champaign. There are 305,243 acres of land improved, and 244,730 unimproved, making 56 per cent, of all lands improved. The total valuation of lands in Fulton (1878) was 88,294,922, which is excelled by the following counties: Cook, La Salle, Mc- Lean, Sangamon, Adams, Henry and Knox. The total valuation of personal property, lands and town lots of this county was 313,146,- 519, which w'as excelled by twelve counties in the State. In 1852 the value of lands of this county was 82,012,505, exceeded only by Cook, Adams, Jo Daviess, Madison and Sangamon. The total value of real and personal property for 1852 was 84,954,068, which was sixth. The value of the real and personal property of Fulton county had increased in the twenty-six years from that amount to 813,146,519, an average increase in wealth of 8300,000 per year. The three items included in the above statement, personal property, town lots and lands, will give a fair idea of the wealth of the county. But as it is not customary to make the assessment on a full cash valuation, we must, in order to fully show the wealth of the county add the per cent, deficit. The assessment shows only about sixty per cent, of the value ; therefore, upon this basis, which is by no means an exaggeration, we find the real wealth of Fulton county to be 821,910,086, an average of 8500 to every man, woman and child in the county.

In Fulton county there are 15,975 horses, while there are ten other counties having a larger number. In 1852 there were 9,172 horses in this county, which exceeded every county in this great State by several hundreds. While the increase in the number of horses has not kept pace with some other counties, the value has. Fulton county boasts of having horses as fine as can be found in any county in the State. There are fortv-eight counties that have a larger number of mules than Fulton. These are principally southern counties, where mules are in more general use than throughout the central and northern ])art of the State. Of these animals there were in 1878, 1,139. In this county there were 16,180 sheep, excelled only by Lake, McHenry, McLean, Vermillion and Macoup.n. As far back as 1852 there were 18,551 sheep in the county, whijh shows that sheep-raising has l)een ujion the decline. In number o/ hogs this county is excelled only by Bureau, Henry, Livingston and Knox. There were here in 1878, 72,762 hogs, almost double the number there were twentv-six years ago.

ten other counties is there a larger number. In 1852 there were 3,488. There are within the borders of the county only 9 billiard tables, while there are 71 counties having a larger number. Take into consideration the uses these tables are generally put to, we find Fulton stands in the front rank as a moral county in this respect. In point of number of clocks and watches Fulton stands tenth. She has 4,026. In number of sewing and knitting machines there are 2,936, while there are eight counties having more. These machines were not enumerated in 1852, there being none, as we suppose, in the county at that time. There are in the county 235 pianos, being excelled by 19 others. In 1852 there were only 10 of these instruments in the county. There are but 14 counties having a larger number of organs and meh)deons, there being 522 in this county.

For the year 1877 there were sown of wheat in Fulton county 28,440 acres, being excelled by no county in the same latitude or north. Of corn for the same year there were planted 120,352 acres, there being 13 counties which had a larger acreage of corn. There were 17,460 acres of oats sown, and 32,937 acres in pasturage. There were 5,198 acres in orchards, which is exceeded only by Knox, Adams, McLean, Champaign, Madison and St. Clair. In Fulton county the assessment for 1877 showed that there were 154,- 489 acres of Avoodland in the county, which is a greater number of acres then any county save Clark, Jackson, Hamilton, Jefferson, White and Wayne, the latter county having more woodland than any county in Illinois.

There are 102 miles of railroad in Fulton county, being exceeded by Cook, Edgar, Hancock, Henry, Kane, LaSalle, Livingston, Logan, Madison, McLean, Peoria, Sangamon, Tazewell, Vermillion, Whiteside and Will.

Fair-Ground Association

These two organizations are separate, yet closely allied to each other. The Fair-Ground Association owns the grounds, while the Agricultural Society, or Board, conducts the fairs. Of the Agricultural Board, Inman Blakaby is President ; C. A. Emry, Secretary ; John R. Gardiner and S. S. Miller, General Superintendents, and James Donn, Superintendent of Floral Hall. Of the Fair-Ground Association John A. Furry is President ; J. R. Randolph, Secretary; H. J. Whitmore, Superintendent, and I. N. Leeper, Calvin Branson and L. F. Randolph, Directors.

The first agricultural fair held in Fulton county was held at Canton, on the Hannan Farm, in the fall of 1852. At that time the Fulton County Agricultural Society had no existence. Some of the citizens of Canton determined to hold a fair on their own account. Meetings were accordingly held, p:round selected, officers chosen, and all arranw;ements made. The county at larjje was invited to participate, and the result was (piite a respectable exhibition. At this fair the Fulton County A^rricultural Society was brought into existence.

In the fall of 1856, for the second time a fair was held at Canton - this time being the third annual fair of the Fulton County Agricultural Society. The fair ground on this occasion was located on South Main street, in what was then known as Wright's pasture, near the Stroud j)lace. This fair attracted a great crowd of [)eoj>le for that day, and was a complete success. No admittance fee was charged, and one enterprising politician improved the occasion to address the assembled multitude on political to])ics, much to the disgust of the party opposed to him in politics. A ladies' e(piestrian display was the one memorable feature of the fair, and one of the fair riders, Miss Lydia Maria Attonetta Shepley, was thrown from her animal, but recovered her saddle almost instantly, without assistance, and before any of the gallants could reach her with their ])roffers of assistance, amid tiie cheers of the crowd.

Between 185(3 and 186(3 the fairs of the Fulton County Agricultural Society had been held at Lewistown. These fairs had not been to any considerable extent successful, and in conse([uence the society was in a languishing condition. In 186(3, the members of the Society, feeling a determination to make their fairs more successful, elected a new board of officers and voted to remove the fairs to Canton.

The citizens of Canton at once to<»k a deep and active interest in the Society, and set to work in the most praiseworthy manner to make the fairs not only successful, but to place them in the very front rank among the county fairs of the United States. A joint-stock c<»mpany was accordinaly formed, which purchased twenty-five acres of the Anderson farm, lying in the southeastern angle formed by the intersection of the brancii of the C\, B, <fcQ. with the T., P. & W. Railroad. The site selected is on a high level prairie, commanding a view of a considerable porti<»n of the city, and was a most admirable selection of ground for the ))urpose. This ground was pur- (ihased independent of the Society, but the grounds were donate 1 to the Society free of rent for the term of ninety-nine years. The citizens of Canton and vicinity now subscribed ^5,U(J0 for the purpose of fencing and the erection of the necessary buihlings, stock stalls, etc.

The Directors of the Society, recognizing the sj)irit of liberal enterprise thus manifested by the citizens of Canton, ajipointed an executive committee consisting of five persons, residents of Canton, to su])erintend the erection of buildings, fencing, and making all necessary arrangements for the fair. This committee consisted of

Messrs. J. H. McC'all, A. B. Hulit, A. C. Babeock, D. W. Vittum, jr., and Townsend Atwator. It proceeded at once to business, and erected a larw substantial and convenient liall, fitly by one hundred feet; an amphitheater capable of seating 1,000 persons, with* booths for the sale of refreshments underneath ; with all the necessary offices, stables, stock-pens, a fine judges' stand, and prejiarcd a half-mile track for exhibition ])urp()ses. The Society furnished $o,- 000, and the whole amount was judiciously expended in preparing these grounds.

From the fair of this year (1866) $4,000 were realized, and thus the Society was placed u])on a sound financial basis, and Canton fairs from that time began to be famous.

In 1867 the Society realized S6,0()0 from its fair; in 1868, over ^7,000; in 1869, nearly §9,000. In 1868 another amphitheater was added, with^a large dining-hall and kitchen attached; additional sheds for carriages, implements and tools were erected, and large additions made to the nuud)cr of stalls and stock-pens. In 1869 the number of entries had reached 2,300, and the fair was one of the most successful ever held bv any county in the A¥est ; while that of 1870 was even more successful, being in close competition with the State fair.

The Society got in debt largely and to overcome this a grand effort was ])ut forth in 1871. Everything was bright and promising up to th(^ very conuncncement of the fair when that a])j)alling Chicago calamity, the greatest conflagration of the age, entirely frustrated the plans of the Society and in s[)ite of the desperate effort put forth the loss was $5,000. The Society found itself hopelessly in debt, owing $13,000.

The grounds and fairs arc now under the able management of the gentlemen first mentioned, is in a ])r(tsperous condition and regaining its former prestige.

The Avon District Agricultural Board

The Avon District Agricultural Board was organized Sept. 2, 1871. It was called "The Avon Agricultural Society." The grounds were first used for holding stock sales, whi(!h were done away with in 1874 or 187o. The first fair was held Sept. 29, ;>0, Oct. 1 and 2, 1872, with L. F. Ross as President, A. H. Tompkins, Treasurer, and A. J. Churchill, Secretary. Considering that this was the inaugural fair, it was a success in every respect. In 1877 the Society changed its name from '' The Avon Ag!-icidtural Society " to that of " The Avon District Agricultural Boai-d." By so doing they are entitled to the $100 offered by the State for each successful fair held within the State. The following are the gross receipts of each year: 1872, §965.80; 1873, §2,615.96; 1874, 82,461.45; 1875, $2,893.15; 1876,S3,lO0..38 ; 1877, $3,324.42 ; 1878, §2,949.44; 1879, $3,468.

The last f.iir was the most suecessfal of all held by this Board. The gat3 recaipts wzre S1,5S5 ia one d.iy. Tiie Sjciety is entirely out ot' debt, aud inDre than this, it has a neat little sum in the treasury. Surely, this is an institution of Nyhich Fulton county may justly be proud.

Wm. H. Smith. Henry Smith, my father, Ayas a natiye of Prussia, and born July 4th, 1777; emigrated to the U. S. aud landed at Baltimore July 4, 1790, amid the roar and sound of cannon and music, celebrating the day that gave birth to our National Independence. A very short time after landing; here in walking along: some of the roads in or about Georgetown, some elderly gentleman came riding by, and a putf of wind blew the gentleman's hat otf and over the fence; my father jumped the fence, got the hat and gave it to its owner, upon which the gentleman gave him a suver dollar. Upon arriving at the inn, father made inquiry who the gentleman Avas that was so generous and liberal in giving so much for so small a favor, and was told that it was General Washington.

The first day of May, 1837, I took leave of my old native town, foot and alone, to seek my fortune in Illinois. I traveled over 200 miles afoot. After I hacl made up my mind to go West my brotherin-law, George Glassford, concluded to go too, and as he would go through to Wheeling by stage (no railroads then) and me afoot, we made calculation on time and distance. We met there, and a steam boat, Swiss Boy, was laying at the wharf with steam up ; we took this for Peoria. We reached Peoria in due time and I tried to get employment in a mill, but there was none there at that time. The place was quite small. Th^ court-house apparently stood back of town, and you had to travel quite a distance through the wild prairie grass, to reach the Blutf. Finally there was an old man by the name of Davis came to town hunting a few hands to work on a brick yard, and I engaged to him. After running a while in connection with Mr. D., making brick, a Mr. Hamlin & Knowlan, of Peoria, bought of Brook ti: Cogswell, of Canton, a steam mill in Utica, Fulton Co., and knowing I had been hunting a berth in a mill, hunted me up and finally hired to them. I left the brick yard on the day of August, 1837, took passage on a steam boat, and came ashore at Copperas Creek Landing. There was a little onestorv log cabin on the bank, which was used as a kind of a warehouse; was all the house that I recollect of seeing there then. I started afoot on the road, meandering along the creek for Utica, and arrived there about the middle of the afternoon ; took charge of the steam mill the next morning. Mills were not very plenty and some that run by water would dry up, consequently our mill was crowded ; they came a great distance and sometimes waited over a week for their turn. In a few days Mr. Knowlan came down looking around to see how things Avere going. I was grinding corn, trying; to make good meal, according to mv Virginia stvle, Mr. K. felt of it, looked up to me and says: " By G - d, Billy, you will spile these Suckers ; they aint used to such meal as that ; role it out like h - II." I worked for them in the mill until the fall of 1838, when nivself and Israel Mvler rented the mill for a few months, and in the spring of 1839 I rented it alone and fitted up a distillery that was connected with the mill. On Christmas of 1837 or '38, I don't recollect now, I was invited to a quilting party at Thomas T. Bybee's, I attended and there became acquainted with my first and second wives.

In the spring of 1840 Captain Jones Rawalt and myself concluded to load a cinal-boat that John A. Jones owned, with such products as we had on hand and could obtain, such as pork, grain, potatoes, etc., and float down the river until we found sale. After we had our load aboard Mr. Rawalt sold to me. I reached Alton after a very long, rough voyage, and sold part of my cargo, and the rest stored there and visited my old home, but returned to Illinois within a few weeks.

In those days I thought Utica was the greatest place in the county. We had a steam grist-mill, a distillery, a grist and sawmill run by water power, two stores, grocery, coopershops, wagon shops, blacksmith shops, etc., etc., and we could, and did get up the biggest Fourth of July celebration in the county ; have the best liberty pole ; a cannon to burn powder and have a free dinner and ask all to join with us in the festivities and celebration; Ave had our uniform company, armed and equipped. AVm. C. Ivillsa was our Captain. I engaged in mercantile business there.

In the spring of 1840 or '41 there came to Utica three men by the name of Hale, Thompson and Miller. Miller was hired to teach a school. Hale and Thompson rented th*^ steam grist-mill and distillery. They seemed to make considerable show, fixing up the mill, buying grain, etc. They went in debt for everything, saying they would pay as soon as they got some drafts exchanged, as it could not be done here; finally Messrs. Graham & Snyder, of Canton, bought one of their drafts, paid some goods and balance in money. As soon as thev got the monev thev made excuse now that thev would look around and buy some cattle to feed their still-slop, etc., but their intention was to leave. I saw all was not right and followed Thompson to John Coleman's, in Canton, took Thompson one side, told him my fears and I wanted ray pay or some assurance as I did not believe he would come back ; well, they had bought several hundred bushel of grain, but never paid for it; they, however, gave me a lien on the grain to secure me : thev left, owing John Coleman considerable and he attached this grain and this brought me in the first law suit I ever had, with a man too that was posted in law. I beat him before a justice, Fairchild by name; he appealed; finally compromised; gave him a part of the grain ; he paying all the cost. Miller, the school teacher, was never heard from. John G. Gra- liani or Snyder, followed Thompson, overtook him near the Stateline ot" Indiana, bron^ht him l)aek; he gave up all he had and was let go. After telling where Hale, his partner was, parties went in pursuit of Hale ; found him living on Fox river ; his right name being Chandler; he was brought back, had a preliminary trial; in defoult of l)ail was sent to jail. He was taken to Lewistown handcuiFed, night overtook them and he made his escape ; the handcuffs being found near Utica, it was supposed he had found some friend there to assist him. It was supposed and really understood that the |)arties, who was imposed on by the forged drafts, had been made good, and the prisoner given a chance to make his esca])e.

There was a grist and saw-mill in Utica built, I believe, by a Mr. Clark, some several years before I come to the county, owned by Theopolis Kirk, and rented to Samuel Myers and AVm. Enochs. It did considerable business ; afterward I rented the mill, refitted it, but run it but a short time and sold out to other parties.

My land was surrounded with a very heavy growth of the finest timber I ever saw, being clustered up with grape vines, that sometime we would have to cut several trees before we could make them fall to the ground ; all this together with the decaying vegetation in the fall of year and the musquitoes. Oh ! my, it makes me shudder to think back, what I have had to endure among all these pests ; whv, sir ! I have had mv corn torn down bv the raccoons ; vou would have thought a drove of hogs were in the field; I have had it badly eaten by squirrels. They would be in droves so thick sometimes that I have seen forty or fifty on some of the dead trees through the field; blackbirds were terrible, we had to watch and scare them oflf'as they passed from the bottoms, their roosting place, in the morning and back in the evening, and unless you watched your crop they would tear open, eat and destroy your crops. Before going on my place I tried to get a location at the Landing on the river; the little log warehouse I spoke of before on my landing here from Peoria, belonged to Ira Mills, he did not seem to do much, still I knew that all the goods and wants of the country from abroad and all our surplus [)roducts must either be shi])ped in or out by the Illinois river, and I thought I could build up a good business at the Landing. I made a pnqxtsition to Mr. ]\Iills to buy so much ground and give him a horse and buggy for a lot, and rent his warehouse and ground for five years, to pay the rent in building on the premises, but he was one of those kind of men that would do nothing, and not let any one else. Failing in this enterprise I moved on my ])lace ; immediately after this A. C. Thompson bought lands adjoining ^Iv. Mills. Richard Tompkins took charge and opened u]) a much better Landing than Mr. Mills, as his, Mr. Mills, \va.s nearer the mouth of the creek and gradually filling up, and finally went down. Mr. Elisha AV. Resor and Wilson Hulit became interested in the other Landing, and afterwards Snider and Benjamin Kawalt, among them, built uj) several large warehouses. Mr. Resor and

Hulit o]>cnod up a store, bought in the pnnUu'ts ot" the eountrv, (lone quite a large business, and sometimes there has been as high as a hundred teams a day with loads of grain, come to the warehouse. The year the cholera raged along the river, Snider and Benjamin Rawalt fell victims to the scourge. In the latter part of 1855 or 185G, the nu\in warehouse stored full of the ])roducts of the country, took tire and burned down.

In the s])ring of 1850 I commenced building my mill ; started the engin"^ on Christmas day, the saw soon after. The next spring put in a run of burrs and after awhile bolts and another run of burrs, etc., having two double Hued boilers and j)lenty of ]M)wer to drive all, 1 run the mill successfully, but for several years })ast I have not given it nuich attention, having Mr. liybee's business to look after. I assisted Mr. Bybee in his business for many years, and the last few vears of his life had his entire business. In 1842 agreed to take full charge of his atfairs. He selected me some years ago, if I should outlive him, to settle up his esta+e. On the 4th of Oct., 1877, he died. I gave bond of §400,000; took charge of the estate, his personal and real ])roperty footed up to §281,000. I distributed among the heirs in the month of January following, §175,000, and made some advances since, and the two years has just passed since I took out letters, the time allowed in settling up the estate. I have the balance in shape according to agreement with heirs to pass over to them in a few days. This is the largest estate ever j)robated in Fulton Co. and so arranged as to be settled U]) in the two years.

Richard Hall relates quite an interesting incident of " Westerfield's defeat." He and his brother-in-law, Joe Hedge, started from near Havana to go to Lewistown by way of Waterford. Seeinij a team al)out readv to cross bv the ferrv at the Illinois river, they recjuested the ferryman to pull across, when Mr. Wentworth, who owned the team, asked Dick (Richard Hall) to ride and drive while the other two walked. When half-way to Waterford they noticed a man dodging in and out of the bushes near the road as though he was trying to see and not be seen. The })arty made some remarks about it, but concluded he was looking for bees, or hunting. He finally came uj) to them, but had evidently thought they were Indians. His nanu> was David Fonts. He said, " boys, you had l)etter be going to the other end of the roads, for, he said, the Indians were killing every one in the town of Canton." He himself heard the screaming and yelling of the women and children, and knew that every white human was being murdered. Mr. Hall and party, however, kept on. They next met T^ouis Winans with two yoke of oxen hitched to a sled on w liich was a bureau, bedding and his family, with two l)oys plodding along in the road behind, while he was urging the oxen by whijiand speech continually. Thev next met John Pixlev, with one voke of oxen hitched to a sled, on which were his wife and some children, while others walked. Pixley, while on his retreat, picked up a son of John Coleman who had been deserted by his father, and took him to Havana.

Richard Hall on this trip came throutrh Thompson's Prairie, went up to a log cabin owned by a Mr. Thompson, and noticing quite a stir, asked what was up. They explained that the Indians were coming, and they were fixing up a fort. This cabin was about 12x14 feet in size, and a few good men with handspikes could have upset it.

One of the neighbors of Elijah AVillcoxen, by the name of Farris, during the Westerfield Indian scare, while fleeing with her children, was encumbered by a babe, which she was obliged to abandon in order to escape with the rest. She afterwards recovered the child, however.

It is related that one of the primary causes of the Black Hawk war was from an incident that happened in Liverpool tp. Joseph Farris, Asa Smith, and Bird Ellis, while out hunting, espied a young Indian, caught him, cut switches and whipped him with them. He attempted to escape and while doing so one of the party struck him on the head with "U gun, and they left him near the Indian camp. He recovered so as to get to his friends, bnt died jn<t as they arrived at Peoria, where they had carried him on a litter. From this and other incidents was the cause of the Black Hawk war, in which so many innocent lives were lost.

J//-.S. Adeline Ray, daughter of Elij ih AVillcoxen, tells of an incident that happened to her father during the winter of the big snow. He started out on a hunt and was obliired to wear larire snow shoes, 16 inches wide by 2 or 3 feet long. While going over a large drift he made a misstep, and fell head first into the snow. Nothing remained in sight but his feet and the big snow shoes. As fast as he would try to get up the snow would break away and let his head and shoulders down deeper than ever. He finally succeeded in getting his knife out and cutting the snow shoes from his feet and extricated himself, but came ])retty near being "drowned in the snow."

Mrs. Rav savs the Nvhole settlement Avas almost like one familv, kind, hospitable and honest, always ready to help one another. She can remember of seeing deer in herds of 1 o to 20 at a time.

Feeling that our county is not appreciated as it should be, I have undertaken to give a short description of it. Being our home, we cannot but feel some interest in it, and it is to our advantage to know what it contains, and what has been done, and what is the best mode of improving it. It was originally a part of Pike county; was organized Jan. 28, 1823, and has from its earliest history manifested great industry and improvement. It is triangular in shape, 9 to 36 miles long from north to south, 14 to 20 east and

It has many natural advantages, such as being well watered; plenty of timber; rich fertile soil; and accessible to market by the Illinois river, which is now being much improved by the building of the Copperas creek dam. This when c()mj)lcted will give those of the southern part of the county greater facilities for shii)])ing their produce to the great markets of Clii(!ago and St. Louis by water transportation, which was in the early days of the county the only means of transportation. The surface of the county consists of undulating and highly cultivated prairies, diversified with excellent timber. It was originally nearly equally divided between prairie and timber land. But a large portion of this timber has been cleared away in developing the agricuiltural interests of the county, and splendid farms now occupy places which but a few years ago were covered with a dense forest.

There is considerable variety in the soils of this county, though there are none so poor that they will not produce fair crops of the cereals grown in this region when properly cultivated. The most productive soils are those covering the prairie laud which are a chocolate brown, rich in organic matter and jn'oduce very large crops. The poorest lands are the white oak ridges that skirt the borders of sm.iU streams, but they will yield fair crops, and are equal, if not superior, to the prairie land for the growth of fruit.

Sand and clay for m dving brick are found abundantly distributed in every neighborhood and on almost every farm in the county. The soil of the prairies furnish abundant of brown clay, which, when mingled with sand found in the beds of streams, forms excellent material for this purpose.

Nearly all the uplands of the county are underlaid with coal. The most complete expanse of the productive coal-measures that have been discovered in the State is found here. Several strata, all of which have been worked to a greater or less extent, have been discovered. It is so abundant in many places just beneath the surface that with but little elVort it may be <juite easily obtained, and it is so distributed as to be accessible to any j^ortion of the county. The strata comprising numbers one, two and three, outcrop on all the streams in the south and west portion, and is of great value to South Fulton, while strata numbers four and six, the most valuable in the northern portion of the vState, underlies nearly seven townships in the county, equal to n(\irly 9,000,000 tons of coal to the square mile.

The mining and ship])ing of coal in our county will compare favorably with any in the State. It is equal in (piality to any in the West, and will answer most all j)urposes for which coal is used.

A good (juality of fire-clay has been found in the vicinity of Marietta, from two to three feet in thickness and will be quite valuable in course of a few years in making fire-brick.

Between Seville and J^ernadotte there has been found extensive beds of St. Louis limestone, which forms material for making the purest and whitest made in the State. Our mineral resources are being more fully developed every year. In fact our county may i)e called a mine of wealth.

Our railroad facilities are very good. The Buda & Rushville branch of the Chicago, ]5urlington & Quincy railroad passes through from the north to the southwest part of the county, and the main line intersects the northwest corner of the county. The Toledo, Peoria c^' Warsaw crosses from east to west nearly through the center of the county, and the Rockford, Rock Island & St. Louis railroad through the southwestern part, affording us good shipping facilities for our surplus jn'oducc.

The educational udvanttiues arc certainlv worth mentioning;. Great improvements have been made in the Public School system within the past twenty years. Every parent recognizing the just, moral claim of every child to an education, feels the importance and dignity of his obligations, and upright and loyal citizen, to make equal provision for all.

We have a number of fine churches of most every denomination, and different societies, as Masonic fraternity, Odd Fellows, Good Templars and many (tthcr, seqm to be in a flourising condition.

J might mention the benevolent societies. Where is there a county which makes greater efforts to provide for her poor and needy than our own ? All seem to be ready to give a helping hand to assist those who arc destitute of the many comforts of life.

There is also several weekly ncwsj)apers published in our county, three of which are ])ublishcd in our own citv. Besides these there are in operation some very large woolen mills, wagon sho])S, etc. The plow and cultivator factory of Canton is one of the most extensive of the State.

The future for Fultt)n county looks bright. In what direction can you turn and ])oint out to us a county containing better advantages than we ])Ossess for manufacturing, mining and the general pursuits of life.

Jjt't the idea be fully realized that thousands of dollars lie buried within a few feet of the surface of the ground and some one will devise plans and means for rendering it available. We have a number of manufactories but need more to use our undeveloj)ed resources, '^riie industry of the past is but an earnest of the speedy accomplishment of the present and f"uture. It is (piite im])ortant that every citizen, either as an economist or tax-payer, shoidd call for an inventory of the mineral wealth of the county, to show the advantage we have for manufacturiny;. A thorouirh survev of the county at the present time when ca])ital is l)eginning to seek investment would be of great value.

Farmers have paid for their lands, nu'clianios are Imildiiifi- tlieir houses and will soon have surplus means that will seek employment within (Hir borders. If not invested here it will be elsewhere and some reliable data must be furnished to convince caj)ital that there is a sul)stantial basis for its investment here, and nothing can do this more eflieiently than a thorouo-h survey under the aus])ices of the county o<)vernment. When we can do this, our wealth is sure, and Fulton county will rank one of the first in the State.

Williani Bot/d, Lewlstown. His father, John and his mother Ann Boyd, nee Tagirert, wore natives of Ireland, Wm. was born in Antrim Co., near Giant's Causeway, Ire., Aug. 1, 1880; came to America in 1842 and stopped in Wayne Co., (),, where he lived till 1849; learned shoe-making and went to Columbus, (),, where he resided till the s[)ring of ISoT, when he came to Lewistown. A\'hile in Columbus he married Sarah L. Miner and they have 4 children : Carrie F., Ida P., Grace G., and Williard A. During the dark days of the Rebellion lie enlisted in Co. H, lOMrd 111. Inf., as 1st Lieut., and was promoted to Capt. and served 2^. years. He is a member of the Prcsbvterian Church.

Thoiii'i^ T. Bifbec, deceased, whose portrait appears in this volume, was born in Kentucky, Sept. 20, 1798; at quite an early age married a Miss Hagan ; was (piite a wild lad, and on the occasion of his marriage was short of the necessary means to get his license, etc., so he asked his father to loan him fivedollai-s for a short time, offering to return it again soon, but his father having little confidence in his son Thomas, refusi'd, telling him at the same time that he would never be worth a damn. By his first wife he had two sons, David and James. His wifi' died and he married Debbie dennings bv name, who had two sons, Hlijah and James Jennings. By this marriage was born to them two daughters, Lovina and Mary A. In the fall of 1829 moved to I'^ulton Co., canijx'd the first winter on the bluft' near Jacob A[aus', and next spring moved out on the south end of the land he owned, near where John Snider now lives. In 1837 or '38 he built a new house and moved therein, in which he died. On the 8th day of April, 1872, Mr. Bybee's second wife died, and on the 24tli day of August, 1873, he married his third wife, Matilda S. Smith, and on the 4th of Oct. 1877, Mr. Bybee died, havinjr had a stroke of paralysis, ^[r. Byboe was a man of great strength and action, sni.iU, Ijut scrutinizing eyes, very quick of perception, would show his friendship or hostility in the twinkling of an eye, and sometimes rashly Hy into a passion and abuse his best friends, when there was nothing to justify iiim in so doing, but his disposition was to soon get over it and sometimes shed tears that he had suffered his passion to go so far. Mr. Bybee was very close in all his dealings, saving and economizing in every particular; had no education ; could not read and could barely write his name, but he was a man of great memory. About twenty -five years ago Mr. Bybee had but little wealth, comparatively speaking, but after his death, Mr. Wm. H. Smith, his executor, in making an inventory of his effects, real and personal, found them to be worth §281,000.

Peter Yerger Cusfor. Teacher, manufacturer, farmer, etc., now on sec. 26, Canton township; P. O., Canton; was born in Pennsylvania July 31, 1818, son of Jacob and Catharine Custer. This name is from- the Holland Dutch Kutzer, equal to Chester in English. Forefathers were Mennonites who settled in Eastern Pennsylvania. His uncle, Anthony Custer, owns the old homestead, which has never been sold since it was patented to this family by Wm. Penn, but has descended by entailment. The subject of this paragraph was educated at Washington Hall Seminary, Trappe, Montgomery Co., Pa. ; Sept. 21, 1841, he married Hannah Albright, and thev have had 5 bovs and 4 girls, 6 of whom are living: Emanuel, born June 21, 1842 ; Emma, Oct. 8, 1844 ; Jacob, Aug. 10, 1849; Horace, Mav 26, 18ol ; Peter, Sept. 10, 1852; Catharine, Nov. 7, 185-; Heiiry, Nov. 29, 1860. Mr. Custer has owned 80 acres of land, which he sold at SlOO ])er acre ; has been Commissioner of Highways. His portrait appears in this History.

ThoTiuLH P. Duncan was born in 1824 in Pa., son of George and and Elizabeth (Primrose) Duncan, natives of Scotland, both deceased. They came first to Wayne Co., HI., and then in 1836 to Fulton Co. Here, in Isabel tp., Thomas P. has toih-d for many a year as a farmer and miller, and has now a comfortable home on 260 acres of land. He has ever been an eminent business man. Of the enormous growth of timber on this farm since 1846 we have already written. This gentleman is the founder of Duncan C'ity, and his brother John was the first Postmaster of " Duncan Mills" at this point. Thomas P. Duncan married Laura Freeman, a native of New York, and they have had 7 children.

Jamci Main, blacksmith, was born at Red Mills, X. Y., in 1838, .son of Robert and Margaret Main, natives of New York. He came to Hlinois in 185-j and finally located at Duncan City. He can make as good a wagon as any one in the State. He has traveled a great deal in former years, and one time he was in a storm on lake Eric for 6 days.

McDermott, a ma.'^on wlio came from Irelan<l, and marriocl Man- Ann Hagan in New York, al.so a native of Irelaml. Of their 3 children John was the 2d, who was first a farmer, then came to Pekin, and enjxaged in railroading. He was very young when his father died, and he early learned to manage for himself.

Edward Sayrc, Lewistown, was born in Elizabeth, X. J., July 'l^i, 1813, the son of Nathan and Abagail (Southwell) Sayre, natives of New Jersey. Mr. S. lived there until April 27. 1840, when he came to Fulton Co. and located near Ellisville. He came west in company with Judge H. ^I. Wcad, a companion in X. J. Years l)assed and these two young men grew to prominence, and when Mr. Wead was elected Judge, Mr. S. ran on the same ticket for Circuit Clerk. Judge Wead left Lewistown in 1854, went to Peoria and died. Mr. S. went to Otto where he engaired in milling, merchandising and farming for 9 years. In 1852 he was elected Circuit Clerk and moved to I^ewistown where he has since resided. He was re-elected to that office in 185G, and is to-day one of the best posted men on judicial, official and general historical happenings of any man in the county. He was elected to the Legislature in 1840, and was in the important sessions that framed the new laws of the Constitution of '48. He married Jan. 27, 18G4, Mary M. Lillv, of Lexington, Kv. Thev have 3 children.

Elder Henry Srnifher, Table Grove, ^^inister of the Christian Church, was born April 4, 183(), in Owen Co., Ky. ; came to Schuyler Co., 111., in 1851, and to Fulton Co. in 1858; was educated at Berean College, Jacksonville, III., and at Normal, 111. ; studied law under Judge P. H. Walker at Rushville, and admitted to the Bar in 18G7 ; was Supt. of Schools of Schuyler Co., 18<j2-4 ; married Jude Patterson, at Rushville, Jan. 2<), 1870, and has had one boy and one girl,' only the former living, who was born Aug. 30, 1877. His parents were NVm. H. and Emily (Alsop) Smither, natives of Kentucky. For years he was Pastor of the Christian Churches at Vermont and Table Grove.

John A. Webster, Vermont, was born in Virginia, May 4, 1814, son of Heurv and Sarah Webster; graduated in a log schoolhouse surrounded with beech trees ; his occupation from the time he was twenty-one years of age (in 1835) was that of teaching school until he left Ky. in Oct., 1855, and came to Vermont, 111., where he has resided ever since ; has also taught several terms in Illinois; has filled the office of J. P. in Ky. ; the offices of Collector and Assessor in Vermont tp. ; is now Town Clerk and Police Magistrate. He was married Aug. 17, 1837, to Miss Angeline Hanen, in Ky., she died shortly after he emigrated to 111. Sept. 13, 1859, he was married again, to Miss Harriet Plummer of Ky.; she died April 26, 18(33; March 1, 1868, he was again married, to Mrs. Eliza J. Lindsey, of Vermont, 111. He united with the Christian Church in Vermont May 8, 1862; has filled in the Church the offices of Deacon and Elder, the latter of which offices he now fills.

This is purely a Fulton county enterprise, indeed, we might justly say that it is a Lewistown enterprise. It was inaugurated and pushed I'orward mostly by Lewistown men and money. It has long been known that Havana has made strenuous efforts to secure the grain trade of Fulton cctunty, and that she has succeeded most admirably cannot be denied. To divert this trade from that city and bring it to Lewistown where it properly belongs is, the object of building this road.

For several years the building of a railroad extending from the river to Xorth Fulton has been contemplated, and seven or eight years ago a road known as the Springtield tt Northwestern R. R. was projected. This road was completed as far as Havana, but no farther. That enterprise being abandoned, three or four years ago the narrow-gauge project was originated. Considerable talking was done, but no definite action taken in regard to the matter until October, 1878, when the Fulton County Narrow-Gauge Railway (\unpany was organized. The amount of $100,000 was immediatelv subscribed, and the mad was soon surveyed and irradiuir being done. Mr. J. C. Willcoxen is the ]irincij)al contractor.

The >s. (J. road runs from Havana through Lewistown, Cuba to Fairview, opening up to Lewistown one of the wealthiest agricultural districts of the countv. The main ideas in favor of iniildini>- a narrow-gauge road was -that it could be i)uilt ibr much less money, the running ex])enses would be nominal, and it would do all the work required as well, and with the rapidity, ease and comfort of a standard-gauge. The road will cost les.- than 8^3,000 j)er mile. It would have been in operation ere this if the Comj)any had not iiave l)een disappointed in securing iron.

Kdwin Harris of Lewistown was chosen the first President. Henry Phelps is the present incumbent of that position. I. M. Hummel is Vice-President; Wm. J. Dyckes, Secretary; Closes Turner, Treasurer; and Henry Phelps, Judge S. P. Shoi)e, John A. Gray, J. C. Willcoxen, I. M. Hummel, Edwin Harris, W. G, Swartz, D. A. Burgett, Oliver Rice, and I. C. Worley, Directors.

^ This sketch .should have been inserted in the chapter on Raihoads, but was unfortunately overlooked until nftcr that chapter had pasf;ed through the press.

Digest Of State Laws

The courts recognize two kinds of law, Statute and Common. Statute law is that which is enacted by the Legislature. Common law consists of all the law of England, - whether Statute, or Common, which was in force in that country at the time of our independence, and recognized by our courts, and which has not since been repealed or disused.

We have what is called established law. For this branch of common law there is no authority excepting the decisions of the courts; hence the value of the reported decisions which are published by official reporters. The law presumes that every body is acquainted with it. Mistakes of fact can be corrected by the courts, but not mistakes of law; no man being permitted to take advantage of a mistake of the law, either to enforce a right, or avoid an obligation; for it would be dangerous and unwise to encourage ignorance of the law, by permitting a party to profit, or to escape, by liis ignorance. One is required at his peril to know the law of his own country.

Jurisdiction Of Courts

Justices have jurisdiction in all civil cases on contracts for the recovery of moneys for damages, for injury to real property, or taking, detaining, or injuring personal property; for rent; for all cases to recover damages done to real or personal property, by railroad companies; in actions of replevin; of actions for damages for fraud; in the sale, purchase, or exchange of personal property, when the amount claimed as due is not over $200. They have also jurisdiction in all cases for violation of the ordinances of cities, towns, or villages. A justice of the peace may orally order an officer or a private person, to arrest anv one committing, or attempting to commit a criminal offense. He also, upon complaint, can issue his warrant for the arrest of any person accused of having committed a crime, and have him brought before him for examination.

Cointy Courts

Have jurisdiction in all matters of probate (except in counties having a population of one hnndred thousand or over), settlement of estates of deceased persons, appointment of guardians and conservators, and settlements of their accounts; all matters relating to apprentices; proceedings for the collection of taxes and assesments, and in proceedings of executors, administrators, guardians, and conservators, f«;r the sale of real estate. In law cases, they have concurrent jurisdiction with Circuit Courts in all cases where justices of the pz'ace now have, or hereafter may have, jurisdiction when tlie amount claimed shall not exceed SI, 000; and in all criminal offenses, where the punishment is not imprisonment in the penitentiary or death, and in all cases of appeals from justices of peace and police magistrates, except when the county judge is sitting as a justice of the peace.

Commissioxers Of Highways

The commissioners of highways in the different towns, have the care and superintendence of highways, and bridges therein. They have the power to lay out, vacate, regulate and repair all roads, build and repair bridges, and divide their respective towns into as many road districts as they shall think convenient. This is to be done annually, and ten days before the annual town meeting. In addition to the above, it is their duty to erect and keep in repairs at the forks or crossing-place of the most important roads, post and guide-boards, with plain inscriptions, giving directions and distances to the most noted places to which such roads may lead; also to make provisions to prevent thistles, burdock, cockle-burs, mustard, yellow dock, Indian mallow, and jinison weed from seeding, and to extirpate the same as far as practicable, and to prevent all rank growth of vegetation on the public highways, so far as the same may obstruct public travel; and it is in their discretion to erect watering places for public use, for watering teams at such points as may be deemed advisable. Every able-bodied male inhabitant, being above the age of twenty-one years, and under fifty, excepting pau])ers, idiots, lunatics, trustees of schools and school di- ^ rectors, and such others as are exempt by law, are required to labor on highways in their respective road districts, not less than one, nor more than three days in each year. Three da^'s' notice must be given by tlie overseer, of the time and phice lie requires such road hibor to be done. The labor must be performed in the road district in which the person resides. Any person may commute for such labor by paying the equivalent in money. Any person liable for work on highwaj's, who has been assessed two days or more, and has not commuted, may be required to furnish team, or a cart, wagon or plow, with a pair of horsjs or oxen and a man to manage them, for which he will be entitled to two days' work. Eight hours is a days' work on the roads and there is a penalty of twenty-five cents an hour against any person or substitute who shall neglect or refuse to perform. Any person remaining idle, or does not work faithfully, or hinders others from doing so, forfeits to the town $2. Every person assessed and duly notified, who has not commuted, and refuses or neglects to appear, shall forfeit to the town for every day's refusal or neglect, the sum of $2; if he was required to furnish a team, carriage, man or implements, and neglects or refuses to comply, he is liable to the following fines: 1st, For wholly failing to comply, $4 each day; 2d, For omitting to furnish a man to manage team, $2 each day; 3d, For omitting to furnish a pair of horses or oxen, $1.50 each day; 4th, For omitting to furnish a wagon, cart or plow, 75 cents each day. The commissioners estimate and assess the highway labor and road tax. The road tax on real and personal property can not exceed forty cents on each hundred dollars' worth. The labor or road tax in villaores, towns or cities, is paid over to the corporate authorities of such, for the improvement of streets, roads and bridges within their limits.

The legal voters of townships, in counties under township organization may, by a majority vote, at their annual town meeting, order that the road tax may be collected in money only.

Overseers. - Their duties are to repair and keep in order the highways in their districts; to warn persons to work out their road tax at such time and place as they think pro])er; to collect fines and commutation money, and execute all lawful orders of the commissioners of highways; also make list, within sixteen days after their election, of the names of all inhabitants in his road district, liable to work on highways. For refusal to perform any of his duties he - is liable to a fine of $10.

As all township and county officers are familiar with their duties, it is here intended onlv to give the points of law with which the public should be familiar. The manuer of laying out, altering, or vacating roads, etc., will not be here stated, as it would require more space than can be spared in a work like this. It is siitiicient to state that the first step is by petition, addressed to the commissioners, setting out what is prayed for, giving the names of the owners of the lands, if known (if not known, so state), over which the road is to pass, giving the general course, its place of beginning, and where it terminates. It requires not less than twelve freeholders residing within three miles of the road, who shall sign the petition. Public roads must not be less than fifty, nor more than sixty feet wide. K^jads not exceeding two miles in length, if petitioned for, mav be laid out not less than forty feet wide. Private roads for private and public use may be laid out three rods wide, on petition of the person directly interested; the damage occasioned thereby shall be paid by the premises benefited thereby, and before the road is opened. If not opened in two years, the order shall be considered recinded. Commissioners in their discretion may permit persons who live on or have private roads, to work out their road tax thereon. Public roads must be opened in five years from date of filing order of location, or be deemed vacated.

The town assessor and commissioners of highways shall be fence viewers in their respective towns in counties under township organization. In other counties, the county board appoints three in each precinct, annually,

A lawful ferics is four and one-half feet high and in good repair, consisting of rails, timbers, boards, stones, hedges, or any other material the fenco viewers may deem sufficient. Th3 electors at any annual town meeting may determine what shall constitute a Ie2:al fence in the town.

Division fences shall be made and maintained in just proportion by the adjoining owners, except where the owner shall choose to let his land lie open; but after a division fence has been built by mutual agreement or otherwise, it shall not be lawful for either party to remove his part of said fence, so long as he may crop or use such lands for farm purposes, or without giving the other party one year's notice in writing, of his intention to move his portion of the feDce. Adjoining owners slionld endeavor, if possible, mutnallj to agree as to tae proportion that each shall maintain of the division fence between their adjoining lands; and the agreement should be reduced to writing, each party taking a copj. When any person shall enclose his land npon the enclosnre of another, he shall refaud the owner of the adjoining lands a jast proportion of the value at that time of such fence. The value of tuch fence, and the proportion thereof to be paid by such person, anl the proportion of the division fence to bs made and miintainei bj him, in Cjise of his inclosing his land, shall be determined bj two fence viewers of the town. Such fence viewers have power to settle ail disputes betwe^i owners as to fences baiit or to be built, as well as concerning repairs to be ma'ie. Each party chooses one of the viewers, but if the other party neglects, after eight days' notice in writing, to make his choice, then the other party may select both. It is sufficient to notify the tenant, or party in possession, when the owner is not a resident of the town in which such fences are situated. The two fence viewers chosen, after viewing the premises, shall hear the statements of the parties. In case they can't agree, they shall select another fence viewer to act with them, and the decision of any two of them shall be linaL The decision must be reduced to writing, and should plainly set out a description of the fence and all matters settled by them, and must be filed in the office of the town clerk.

If any |)erson who is liable to contribute to the ereetiton or reparation of a division fence, shall neglect or refuse to make or repair his proportion of such fence, the party injured,after giving sixty days' notice, in writing, that a new fence should be erected, or ten days' notice, in writing, that the repair of such fence is necessary, may make or repair the same at the expense of the party so neglecting or refusing, to be recovered from him with costs of suit; and the party so neglecting or refusing, after notice in writing, shall be liable to the party injured for all damages which shall thereby accrue, to be determined by any two fence viewers. When a person shall conclude to remove his part of the division fence and let his land lie open, and having given the year's notice required, the adjoining owner may cause the value of said fence to be ascertained by fence viewers as before provided ; and on payment or tender of the amount of such valuation to the owner, it shall prevent the removaL

Where a fence has been built on the land of another through mistake, the owner may enter upon such premises and remove hib fence and material within six months after the division line has been ascertained. Where the material to build such a fence has been taken from -the land on which it was built, then before it can be removed, the person claiming must first pay for such material, to the owner of the laud from which it was taken; nor shall such a fence be removed at a time when the removal will throw open or expose the crops of the other party; a reasonable time must be given beyond the six months to remove crops.

The compensation of fence viewers is one dollar and fifty cents a day each, to be paid in the first instance by the party calling them; but in the end all expenses, including amount charged by the fence viewers, must be ])aid equally by the parties, except in cases where a party neglects or refuses to make or maintain a just proportion of a division fence, when the party in default shall pay them.

Drainage

Whenever one or more owners or occupants of land desire to construct a drain or ditch, through another man's land, the right can be had only under legislative authority, or is granted or exists by prescription or by consent of the owner.

Dripping water from one house upon another can be allowed only where the owner has acquired the right by grant or prescription; and no one has a right to construct his house so as to let the wajter drip over his neighbor's land.

Trespass Of Stock

Where stock of an}' kind breaks into any person's inclosure, the fence being good and sufficient, the owner is liable for the damage done; but where the damage is done by stock running at large, contrary to law, the owner is liable where there is not such a fence. Where stock is found trespassing on the inclosure of another as aforesaid, the owner or occupier of the premises may take possession of such stock and keep the same until damages, with reasonable charges for keeping and feeding, and all costs of suit, are paid. Any person taking or rescuing such stock so held, without his consent, shall be liable to a fine of not less than three nor more than five dollars for each animal rescued, to be recovered by suit before a justice of the peace, for the use of the school fund. Within twenty-four hours after taking such animal into his possession, the person taking it up must give notice of the fact to the owner, if known; or if unknown, notice must be posted in some public place near the premises.

Stray animals are those whose owner is unknown, any beasts, not wild, found on one's premises, and not owned by the occupant. Any aninuils found straying at any time during the year, in counties where such animals are not allowed to run at large, or between the last day of October and the loth day of April in other counties, the owner being unknown, may be taken up as estrays. A party who wishes to detain property as an estray, must show an exact compliance with the law. In order to vest the property of the stray in him, such acts must appear in detail on the record.

No person not a householder in the county where the estray is found can lawfully take up an estray, and then only upon or about his farm or place of residence. Estrays should not be used before advertised, except animals giving milk, which may be milked for their benefit. Notices must be posted up within five days in three, of the most public places in the town or precinct in which the estray was found, giving the residence o: ',1:3 taker-up, and a particular description of the estray, its age, color, and marks natural and artificial, and stating before what justice of the peace in such town or precinct, and at what time, not less than ten nor more than fifteen days from the time of posting such notices, he will apply to have the estray apprised. If the owner of an estray shall not have appeared and proved ownership and taken the same away, first paying the taker-up his reasonable charges for taking u]>, keeping, and advertising the same, the taker-up shall appear before the justice mentioned in above notice, and make an affidavit as required by law. All subsequent proceedings are before the justice who is familiar therewith; therefore we omit them here.

Any person taking up an estray at any other place than about or upon his farm or residence, or without complying with the law, shall forfeit and pay a fine of ten dollars with costs. Ordinary diligence is required in taking care of estrays, but in case they die or get away, the taker-up is not liable for the same.

If a man finds estrays in his field he is not bound to retain them for the owner, but may drive them ofi" into the higiiway without being liable to an action. But a person who chases a horse out ot his field with a large fierce dog, commits an unlawful act, and is liable for any injury which the act occasions, A person who takes anestray to keep for the owner, but does not pursue the cour-e prescribed by statute, is not liable to an action unless he uses the same or refuses to deliver it on demand. Hiding a horse to discover the owner is not " use."

Are animals of a domestic nature. Under the age of four years they are called colts. A borrower of ahorse is liable for negligence, misuse, or gross want of skill in use. The lender is liable in case the animal lent is unfit or dangerous, as he thus may occasion injury. The animal should be used only for the purpose and to the extent stipulated, and not by a servant.

If he dies from disease, or is killed by inevitable accident, the borrower is not liable. Defects which are manifest, open and plain to an ordinary observer, and those also which are known to the buyer, are not usually covered by a general warranty. The former requires no skill to discover them, and the latter may be objected to or acquiesced in at the time of the purchase. In the case of latent defects existing in such a condition that they could not be detected by the buyer, and are known to the seller, who fails to disclose them to the buyer, the latter practices a constructive fraud, unless the animal is sold '* with all faults." By consenting to purchase the horse " with all faults," the purchaser takes upon himself the risk of latent or secret defects, and calculates the price accordingly. But even this kind of a purchase would be voidable if the seller had ]iurposely, and to deceive the purchaser, covered, filled up, patched, plastered, or otherwise practiced fraud to conceal any defects, and he would be liable.

Hiring out a horse and carriage to perform a particular journey, carries with it the warranty of the person letting the horse and carriage, that each of them is tit and competent for such journey; but, if a horse is hired for one purpose, and is used for another and is injured, the hirer is liable for the damage sustained. The hirer is in all cases answerable for ordinar}' neglect. If he uses the hired horse as a prudent man would his own, he is not liable for any damage which the horss may receive. If, however, he keeps the hired horse after a stipiihited time, or uses it differently from his agreement, he is in any event h'able. If the hirer sells the horse, the owner may recover its value of the purchaser, though the purchaser had in good faitl) given the hirer full value for it, as the hirer could give no better title than lie had himself.

Mischievous animals render their owners liable when known to them to be so, and they are responsible for the damage they may do when they permit them to go at large. Any person may jusiity the killing of ferocious animals.

Marks Axl Brands

Owners of cattle, horses, hogs, sheep or goats, may have one earmark and one brand, which shall be .different from his neighbors', and may be recorded by the county clerk of the county in which such property is kept. The fee for such record is fifteen cents. The record of such shall be open to examination free of charge. In cases of disputes as to marks or brands, such record is 'prima facie evidence. Owners of cattle, horses, hogs, sheep or goats, that may have been branded by former owners, may he rebranded in presence of one or more of his neighbors, who shall certify to the facts of the marking or branding being done, when done, and in what brand or mark they were re-branded or re-marked, which certificate may also be recorded as before stated.

Articles Of Agreement

An agreement is virtually a contract by which a certain person (or persons) agrees or contracts to perform certain duties within a specified time. Good business men always reduce an agreement to writing, which nearly ahvaj's saves misunderstandings and long and expensive lawsuits. No particular form is necessary, bat the facts must be clearly and explicitly stated; and there must be a reasonable consideration, else the agi'tement is void.

Unless it is expressly sti])ulated that the agreement is binding for a longer time, the contract expires at the end of one year. Every agreement should state most distinctl}' the time within which its conditions are to be complied with. A discovery of fraud, or misrepresentation by one party to the agreement, or changing of the date, renders the contract void. Each party should retain a copy of the agreement.

General Form Of Agreement

This Agreement, made the third day of November, 1878, between Damon Clarke of Macomb, county of McDonough, State of Illinois, of the first part, and "William Hays, of the same place, of the second part.

WITNESSETH, That the said Damon Clarke, in consideration of the agreement of the party of the second part, hereinafter contained, contracts, and agrees to, and with the said William Hays, that he will deliver in good and marketable condition, at the city of Galesburg, 111., during the month of December of this year, nine hundred bushels of corn, in the following lots, and at the following specified times, namely: one hundred bushels b}' the fifth of December, three hundred bushels by the fifteenth of December, and the balance by the thirtieth of December.

And the said William Hays in consideration of the prompt fulfillnient of this contract on the part of the party of the second part, contracts to, and agrees with the said Damon Clarke, to pay for said corn fifty cents ])er bushel as soon as delivered.

In case of failure of agreement by either of the parries hereto, it is hereby stipulated and agreed that the party so failing shall pay to the other, one hundred dollars, as fixed and settled damages.

A note is legal, worded in the simplest way, so that the amount and time of payment are mentioned. The following is a good form: $100 Chicago, III., May 1, 1S79.

To make a note payable in anything else than money, insert ^he facts instead of the sum of money alone; unless paid when d'\?, it is payable in money. To hold an indorser of a note, due di' must be used by suit in collecting of the maker, nnless suii would have been unavailing. Notes payable to person named o: to order, in order to absolutely transfer title, must be indorsed by the payer. Notes payable to bearer may be transferred by delivery, and when BO payable, every indorser thereon is held as a giiarrviitor of payment unless otherwise expressed.

If the note is payable to a person or order, or to a person or bearer, to a person or his assigns, or to a cashier of an incorporated company, such notes are negotiable.

When transferring a note, the indorser frees himself from responsibility, so far as the payment is concerned, by writing on the back, above his signature, without recourse to tne in any event.

A note is void when founded upon fraud. Thus a note obtained from a person when intoxicated, or obtained for any reason which is illegal, cannot be collected. A note given on Sunday is also void.

No defense can be made against negotiable paper purchased before maturity for good consideration in the usual course of business, without knowledge of facts impeaching its validity, except fraud was used in obtaining the same. Thus if A gives his note to B for $150, receives in. consideration a shawl and five pieces of cloth. The former was represented to be worth $75, and the cloth the best imported English goods. When, in fact, the shawl was only worth $8, and suits made of the cloth wore out in less than six weeks, long before the note was due. B, however, had sold the note to O, who did not know the circumstances, and before it was due - A would be obliged to pay it.

Judgment Note

For value received I promise to pay Ewing Summers, of Galesburg, or order, two hundred dollars, with interest, on the tir.-,t day of January next. And, further, I do hereby empower any attorney of any court of record In Illinois, or elsewhere, to appear for me, and after a declaration filed therefor, to confess a indL'^ment aojainst me in the above sum, as of last, next, or any subsequent term, with cost (if suit, release of error, etc., with stay of execution until said first day of January.

Witness my hand and seal at Galesbnrg, 111., this sixth day of March, in the year one thousand eight hundred and seventy-nine. [seal] Joun Jones.

Interest

Interest is the compensation which is paid by the borrower of money to the lender for its use. When the debtor expressly undertakes to pay interest, he is bound to pay it; but if a party has accepted the principal, he cannot recover interest in a separate action. During the course of dealings between parties, a promise to pay is implied, and the debtor is bound to pay. So also on an account stated, whenever the debtor knows precisely what he is to pay, and when he Ib to pay it, after a demand of payment; but interest is not due on a running account, even when the items are all on one side, unless otherwise agreed upon. Wiiere the terms of a promissory note are that it shall be paid by installments, and on the failure of any installment the whole is to become due, interest on the whole becomes payable from the first default. Where, by the term of a bond or promissory note, interest is to be paid annually, and the principal at a distant day, the interest may be recovered before the principal is due.

Interest is collectible in the following cases: For goods sold and delivered after the stipulated term of credit has expired; if there be no credit, then from the time of sale; on judgment debts, from the rendition of judgment; on money obtained by fraud, or where ii has been wrongfully detained (for whoever receives money not his own, and detains it from the owner unlawfully, must pay interest therefor: hence a public officer retaining money wrongfully is liable for the interest); on mone}' paid by mistake, or recovered on a void execution; on money lent or laid out for another's use; and rent, from the time that it is due.

When the rate of interest is specified in any contract, that rate continues until full payment is made. A debt barred by the statute of limitations and revived by an acknowledgment bears interest for the whole time.

Comjyuting Interest. - In casting interest on notes, bonds, etc., upon which partial payments have been made, every payment is to be first applied to discharge the interest; but the interest is never allowed to form a part of the principal, so as to carry interest. When a partial payment is made before the debt is due, it cannot be apportioned part to the debt and part to the interest, but at the end interest shall be charged on the whole sum, and the obligor shall receive credit for the interest on the amount paid until the interest becomes due.

The legal rate of interest is six per cent. Parties may agree in writing on a rate not exceeding eight per cent. If a rate of interest greater than eight per cent, is contracted for, the penalty is a forfeiture of the entire interest, and only the principal can be recovered.