Adair County, Missouri - Chapter 5: County Organization, 1911

Chapter 5: County Organization

The first officers of the county were all appointed, and held from the time of their appointment in 1841 till the next election in 1S42. Samuel East on, Joseph Ringo and John Morrow were appointed Justices of the County Court by the Governor, and Isaac Ehy was likewise appointed by the Governor as Sheriff. These appointments were mad» on February 10, 1841. In April David James was appointed County Clerk by the County Court, and a little later in the same winter he \vaappointed Circuit Clerk by Judge Clark, Judge of the Judicial District of which Adair County was a part.

The act creating Adair County provided that the Circuit and County Courts should hold their sessions at the residence of David E. Sloan until the permanent seat of justice of the county should be established. It is the tradition, however, that the first session of the County Court was held in a large school house two miles south of what is iu>u Kirksville, near the residence of a Mr. Myers. The time of this first session, wherever it was held, must have been not later than April, as the records in the Secretary of State's office at Jefferson City show thai David James was appointed by the County Court by April 5. Tradition has likewise declared that the first Circuit Court session was held at the residence of John Cain, six miles west of Kirksville. some time early in 1841. The Circuit Judge was Jas. A. Clark, and the Circuit Attorney, Benjamin F. Stringfellow.

From 1841 to 1867 the county court was composed of three justices, who chose one of their number as the presiding officer. From 1841 to 18.58 the term of office was four years, and all three of the justices came in and went out at the same time. In 1858 the terms were lengthened to six years, and arrangements were made so that one justice retired every two years.

The county court when first established attended to probate matters, as well as the ordinary county administration; but in 1847 a separate probate court, composed of one judge, was established. Thi> court took away from the county court its jurisdiction in probate cases.

county court justices of Adair County and creating a county court of only one judge. D. S. Hooper is credited with securing the passage of this law, as he was a frequent visitor to the legislature while the bill was pending. He was then appointed by the Governor to fill the office until the first regular election. Though his term was short, he inaugurated a change in the county finances which was greatly needed. The county funds had for a long time been insufficient, and as a result the county warrants were passing for about half their value. The creation of a sole county judge in place of the court of three justices made it easier to secure court action raising the levy of taxes, so that more income would be brought in and the county's credit would be restored. Judge Hooper did this very thing, and though he was bitterly condemned for his act by many people, his financial policy proved a good one for the county at large, which practically all came to realize in time. In 1868 Judge Jacob Sands was elected to succeed Judge Hooper.

It ought to be noted here that many people believed that the county linances were allowed to get in a bad shape for the purpose of enabling a lew to make money out of the matter. It has been said that those who bought up the protested county warrants at half price supported tor a long time a county court organization that refused to make a levy sufficiently large to meet the deficiencies, but when they had accumulated a large amount of their warrants they then got a county court organization of one judge who raised the levy and enabled them to collect their warrants at full face value and with interest besides. How much truth there is in this cannot be said.

The same law that abolished the county court justices in 1807, also abolished the probate court, and thus threw the probate business l>ack into the county court. In 1870, however, the legislature by another special act, restored the county court of three justices for Adair County, and also the probate court of one justice.

In June, 1872, the county voted to have township organization, hut it was over a year before the change was effected because of the opposition there was to the change. The proposition was carried in June by a vote of 660 to 295, but the election had to be held over again in November, because the law provided it must be carried by a majority of the registered voters. The second time it carried easily by a vote of 1548 to 491. A controversy arose as to whether the county could organize under the new township law which had been recently passed hy the legislature, but the Supreme Court finally decided it could. In August, 1873, the new county court was convened for a called term. It was composed now of five judges instead of three. They were C. B.

In 1874 a still more radical change was made by the legislature in the county court of Adair County. A law was passed in that year providing that this body should be composed of one judge, who should be called the Judge of the County Court, and of a township trustee for each of the ten townships of the county. The judge of the county court was the sole judge, except at the general term. The general term \va? the annual session of the court, which was composed of the county judge and the ten township trustees, and was held in June. In this same year, 1874, the legislature again abolished the probate court and transferred its business back again to the county court.

In 1875 the present constitution of Missouri was adopted, and with that instrument there came to an end the long established practice of passing special legislative acts regarding the organization of towns and counties. From that time to this the town and county organizations have been uniform throughout the state, except in the case of towns that have clung to the charters that were granted to thorn prior to 187"). In conformity to that principle of uniformity in local administration the legislature in 1877 passed a law which provided <>r a system of county courts which have continued to this day. By t hilaw each county is divided into two districts, each of which elects a county judge; the entire county elects the presiding judge. In t hisame year the probate court of one judge elected by the whole county was restored.

The effort to inaugurate the system provided for by this law waopposed by the then existing county court which was organized on the township basis. The Governor appointed I). A. Ely, Noah Stukey. and Geo. T. Spencer as the county justices, but when they sought to assume the duties of their office they were opposed by Judge Slingcrland, who had been since 1876 the judge of the county court. Judge Slingerland claimed to be the legal judge and proceeded to open court before the judges appointed by the Governor could appear to do that themselves. The three judges failing to secure recognition and possesion of their offices, instituted judicial proceedings, and in .the course of time received a decision from Judge Ellison in their favor. It seems a> though there was something of "politics" in this controversy, inasmuch as Judge Slingerland was a Republican and the three judges appointed by Governor Phelps were Democrats.

to that effect. In November, 1880, the county voted on the proposition of adopting township organization, and carried it by 779 to 371; but the Attorney General decided that it hatl not been legally submitted, and hence was lost. In November, 1890, the proposition was again submitted and was defeated at the polls.

In addition to the county justices with which the county began its existence in 1841, there were a Sheriff and a Clerk of the County Court and of the Circuit Court. From time to time other offices have V>een created. In 1845 the office of Surveyor was created; in 1840 that of Coroner and that of Assessor, and in 1855, that of County Commissioner. In 1859 the office of Clerk of the County Court and of the Circuit Court was divided, so that there were two distinct offices, that of Clerk of the County Court and that of Clerk of the Circuit Court. The duties of the Circuit Clerk included at that time not only those of the Circuit Clerk of today, but also those of Recorder. In 1859 there were four Assessors, one for each of the four districts into which the county had been divided. In I860, however, this law was changed, and one Assessor was provided for for the whole county, and there seem to have Imhmi no further changes in that office since then.

In 1806 the offices of Supervisor of Registration and County Superintendent were established. The first was created by the Court of 18oo and passed away with the repeal in 1870 of those laws regarding the suffrage that had been obnoxious. The duty of this officer was to supervise the registration of those voters who were made eligible to vote under the ( ^institution of 1805. The office of County Commissioner which had been established in 1855, was allowed to lapse during the war. In 1866 the office of County Superintendent was created.

In 1868 the office of County Treasurer was made elective instead of appointive, and the office of Public Administrator was created; in 1872 that of Prosecuting Attorney and that of Collector were also established. The Prosecuting Attorney took the place of the County Attorney. When the county was organized in 1841, each judicial circuit in the state had a circuit attorney. In 1845 a law was passed by the legislature authorizing the county courts to employ county attorneys to assist the circuit attorneys if they saw fit. The records of this county show, however, that in 1844 the county court appointed Samuel Truelock as county attorney for one year at the magnificent salary of 840 per year. He was to prosecute the case against Jesse Kirk, the defaulting treasurer of the county. From time to time others were appointed until 1872, though there is no evidence to show that they were appointed regularly every year. In 1872 the offices of Circuit Attor-

The collection of the taxes was originally the work of the sheriff, who used to make trips throughout the county to gather up the taxes. He did not carry pads of blank receipts which he filled out and handed to the taxpayers as they paid their taxes, but instead a package of legal rap paper. On narrow slips of foolscap or legal cap paper he wrote out the receipt for the total amount, omitting the different items and details He was relieved of this duty in 1872, when the office of County Collector was created. The count v court mav yet order the Count v Collector to make trips to different parts of the county to facilitate the collection of taxes, and as late at least as 1891 the court was accustomed to make this order, and the collector would appear at different places at different times. For example, M. F. Strock announced in 188f> his

The office of Recorder was created by order of the County Court April 9, 1898. Prior to that time this office had been included in this county under that of Circuit Clerk. In 1865 a law had been passed by the legislature providing that when a county had a population of 10,000 or more the county court might order a separation of the circuit clerk and recorder. In 1870 the county had a population of 11,000, but the county court did not see fit to order the separation of the two offices until 1898. As soon as Governor Stephens was notified of this act of the county court he appointed Harry Focht as Recorder; he served from April 18, 1898 to January 1, 1899. He was succeeded by Grant Corbin. who was Circuit Clerk and Recorder when the division was made.

The last elective office to bo created in Adair County was that of County Superintendent. In 1905 this office was created by the vote of the people of the county according to a law which permitted counties to have county superintendents instead of county commissioners, if they chose to have them. In 1909 the law was changed, compelling each county to have county supervision of the rural and village schooK The following tabulation shows the various county offices from 1841 to the present. It is not claimed that this is absolutely correct. It is made up largely from election returns and does not always tak»* into account those who failed to qualify or those who were appointed to fill unexpired terms. In the main, however, this list is believed to be correct.

State Senator Representative

(1) State Senators are elected for four years. The redistrictintf of the State every ten years frequently effected a transfer of Adair County from one district to smother, so that there is some apparent irregularit v in the succession in office. This is true in 1S81, 1891, and 1901.

Circuit Judge Circuit Attorn Ky

(1) The office of Prosecuting Attorney was created in 1X72, whereupon the ofli«i of Circuit Attorney was discontinued. County Attorneys were originally apixiintfi to assist the Circuit Attorneys.

(2) The offices of Circuit Clerk and of County Clerk was held by the .same person from 1K41 to I860. The term was six years until it was changed to four year? in 1867.

Assessor

(I) The Circuit Clerk and County Clerk offices were held by the same men until lKtJO when they were separated. The term was originally six years, but was cut down to four years in 1867, and has remained so to the present.

(.2) The duties of Recorder were taken from the Circuit Clerk in 1K9N and a separate office was created. Harry Focht was Recorder by appointment by the (Sovernor in 1H9H.

CA) In 1859 there were four assessors for the county instead of one; they were .1. A. .Smith, R. M. Ringo, John McAllister, and John Pickens.

Coll Fa Tor

\2) The office of Surveyor was created in 184"). The term of office has always been four years. The first Surveyor was appointed until election. Bart let t Asher resigned before the expiration of his term.

(3) Edwin Darrow was elected in 1863 for four years, but the Constitution of 1865 required re-election of all officers, hence the re-election of Darrow in I860 for four years.

(4) The office of County Superintendent was established in 1866. It was changed to County Commissioner in 1874. In 1905 the county adopted County supervision, therebv providing for County Superintendents. \V. T. Porter is said to have been elected County Superintendent in 1857, but it is not clear just what the office wa» at that time.

The peculiar organization of the county court and probate court and the frequent and irregular changes made in their membership from 1841 to 1873, make it impossible to show easily in tabular form tinmembers of these bodies during that period. The membership of the county court down to 1878 will be given here in narrative form, and then the membership from 1878 to the present will follow in tabular form. Similar treatment will be given the probate court immediately after thk

The first county court was composed of Samuel Easton, Joseph Ringo, and John Morrow, who were appointed by the Governor in 1S41 until the first election. In 1842 they were succeeded by Jeremiah Bniner, Isaac Gilstrap, and Jos. Wilson, who were elected for a term of four years. In 1844 Gilstrap and Wilson resigned, and they were succeeds! by Nathan Dick and Jonathan Floyd. In 1845 Bruner and Dick resigned, and Noah Stukey and Samuel Withrow were appointed in their places.

In 1850 Ellis Wilson, Franklin Freeman and Colden W. Hardin were elected for four years. In 1851 W. E. Green was elected in place of Elli> Wilson resigned. When Green resigned in 1852, Geo. Miller was appointed in his stead. In 1851 B. G. Barrow was elected county justice, and in 1853 D. A. Ely was appointed; but whom they succeeded is not known.

In 1854 Nelson Grogan, John M. Galyen and Henry Shiblcy were elected for four years. In 1856 Franklin Freeman was appointed in place of Shibley resigned.

In 1858 a change was made in the time when the terms of the different members would expire. Jacob Gilstrap was elected for iwu years, Noah Stukey for four years, and D. A. Ely for six years. In 18t>0. therefore, Andrew McFerron was elected for six years in place of Gilstrap, and in 1802 Noah Stukey was elected for six years to succeed himself, and Canada Owenby for four years in place of McFerron resigned, and in 1804 S. P. Shibley was elected for six years to succeed D. A. Kfy.

In 1805 all the justices were declared removed and S. P. Shibley was appointed for the long term, Canada Owenby for the middle term, and O. H. Beeman for the short term.

In 1807 a special law was passed abolishing the court of three judctand substituting a court of one judge. D. S. Hooper was appointed !<» this position in 1807. In 1808 Jacob Sands was elected to succeed him for six years.

In 1873 the County Court was reorganized. C. B. Polley was Presiding Judge, and J. S. Erwin, S. P. Shibley, A. H. Linder, and J. H. Rainier were District Judges.

In 1874 a further change was made. The court was composed of a presiding judge and two township judges. Noah Stukey was presiding judge and the Township Judges were: A. K. Collett, Benton; John W. Gill. Salt River; S. M. Crawford, Pettis; A. J. Elmore, Wilson; T. G. Summers. Walnut; James Shott, Nineveh; E. M. C. Morelock, Morrow; D. A. Ely. Polk; \V. E. Emerson. Clay; A. H. Linder, Liberty.

In 1876 A. Slingerland was Presiding Judge, and the township judges were: P. J. Brown. Benton; D. A. Ely, Polk; E. M. C. Morelock, Morrow: J. R. Cook, Wilson; James Shott. Nineveh; G. W. Lord, Clay: A. H. Linder, Liberty; J. N. McCreery, Salt River; A. B. Milliken. Walnut: S. M. Crawford, Pettis.

In 1877 a law providing for uniform county organization was passed according to the provisions of the Constitution of the State of 1S75 and the Governor appointed Noah Stukey, D. A. Ely and G. T. Spencer as the County Judges, with Noah Stukey as Presiding Judge, and the other two as district judges. From that day to this there has U-en no change in the form of the court.

The probate court as a separate court was provided for by a law of 1845. Wm. Hibbard was elected for a term of four years commencing in 1847. He was succeeded by B. G. Barrow in 1851, and then Abel Stukey served for two terms commencing in 1856. S. X. Hoiloway served from 1864 to 1867, when the court was abolished and th*' probate business was transferred to the county court. In 1870 the court was restored, abolished in 1874, and restored in 1877, and has remained in existence ever since. Jacob Sands was Probate Judge from 1870 to 1874.

Probate .Ii'Dge Public Aumin'R

There have been a number of cases brought against different county officials for dereliction of duty and other things. Most of them belong to the early period of the county. The most interesting is that of John Owenby, who was sheriff during the war.

Owenby left Kirksville for Jefferson City on February 1, 1867, with S14,000 for the state, but when it was learned he had absconded, his l>ondsmen, D. A. Ely and W. B. Harlan, started out in pursuit of him, and with the aid of a St. Louis detective found him in the Indian Territory. Charges of embezzlement were preferred against him, but the case was never brought to trial.

In defense of Owenby it is claimed by his friends that he had been duped by men who pretended to be his friends, and that he never intended fraud.

As an aftermath to this case arose the combat over what was popularly known as the "Big Warrant." The bondsmen of Owenby presented a bill of $1,632.35 to the county court as the amount they had expended in finding Owenby and bringing him back. The county court granted a warrant for the amount, justifying their action on the ground that the bondsmen had had an understanding with at least one member of the court before the pursuit was begun that this expense would bo borne by the county inasmuch as Owenby would be able to give certain information regarding some valuable documents that had been burned in the court house fire in April, 1865. The warrant went to protest because of lack of funds. In the course of time a judgment of $5,000 was rendered against the bondsmen on account of Owenby. The l>ondsmen tried to offer the warrant in partial payment of the judgment, but by that time Judge Hooper was the sole county judge and he refused to honor the warrant issued by his predecessors. The matter was taken to the circuit court and there decided against the bondsmen, and on their appealing it to the Supreme Court the decision of the circuit court was confirmed in November, 1870. The ground for this decision were that the bondsmen were not acting as county officers in pursuing Owenby, but as private citizens trying to prevent the loss they would sustain as his bondsmen. The matter stirred up a great deal of feeling in the community, and was hotly debated on the streets and in the press. Among the articles written on it was one by P. F. and J. M. dreenwood entitled "Down with the Big Warrant."

Another case concerns E. M. C. Morelock, County and Circuit Clerk from 1855 to 1861. In October 1856, his bondsmen, Joseph Ringo, W. H. Parcels, Canada Owenby and O. H. Becman, petitioned the County Court to remove him because of prolonged drunkenness and failure to perforin the duties of his office, and to inform the Attorney Ceneral of the State so that prosecution should be begun against him. The Court immediately declared him suspended from office and appointed B. G. Barrow as Clerk for an uncertain term. The case, however, was never brought to trial. His original bondsmen were rclensed and on presenting a new bond he was reinstated in office in Dec. 1850.

Court House - The law creating the county provided, as has hern stated before, that the first session of the county court should be held at t he residence of David K. Sloan, but no record has survived to tell us anything of this first meeting. Tradition has it, as has been noted before, that the first meeting was held at a school house two miles south of what is now Kirksville, instead of Sloan's house. The first records of the county court that have come down to us are for the meeting held on November 17. 1842. at the house of Jesse Kirk, which stood a short distance from where the Wabash Depot in Kirksville now stands, and from that thin to May, 1843. the sessions of the county court were held in his house.

During this period arrangements were made for the construction of a temporary court house at Kirksville. This was well enough under construction by July, 1813 to allow the county court to hold its first session in it on the l">th of that month. The work on it. however, was not fully completed until the following month. It stood on the lot on which the National Bank of Kirksville now stands, and is described as a low one story brick affair, and is said to have cost $1,000, a large amount for those days and relatively greater in value than the same amount today. The honor of constructing it fell to John B. Karhart. who did the brick work, and to John D. Callison, who had the contract for the wood work. David James, the County Clerk, had the contract for supplying the furniture. The order of the court for the furnishings was as follows: "Ordered by the Court that David James furnish four chairs and furnish a sufficient quantity of benches for the use of the Court House, also a bar for the room; also to furnish window shutters for all the windows of the Court House, with hasps or hooks to fasten them on the inside of the Court House, also one door shutter with a lock and key, and locks and kees [sic] to all the other doors, the forementioned [sic] materials all to be good and suhstanch [sic] and to be done plain and neat."

It was felt at the time when this court house was built that it was only a makeshift, and so within ten years the county court began to plan the erection of a permanent building. In February, 1852, the court ordered that a two story court house should he erected in the public square at Kirksville. To this order the Presiding Judge, Franklin Freeman, dissented and left his dissent a matter of record. The immense sum of $2,200 was appropriated to build the court house thus ordered, and patriotic citizens desiring to contribute to a court house fund were urged to do so, and were offered county warrants bearing six per cent interest in return for their help. Win. H. Parcells was appointed Superintendent of C onstruction, and lie was instructed to go to Edina and procure the plan of the court house of Knox county and submit it to the court. The court later approved the plan which Mr. Parcells presented and ordered that he should let the contract on March 8. 1852. On that day the contract was let to Oalyen and Douglass, whereupon the court appropriated SI 50 more to the original $2,200. How much more it cost by the time it was completed is not known. During the year 1853 the county court began to use part of the building, hut it was at least two years before the work may be said to have been finished. The cupola which was the chief exterior adornment, was at the same time the source of a great deal of trouble, and the records show that order after order was made to have it repaired so that it would no longer leak. As late as 1857 the records further show that some sort of work was being done from time to time in the way of finishing certain parts of the building. The building was arranged so that the first floor contained office rooms, and the second floor the court room and a few other office rooms.

The court rooms of the first and second court houses were long used for religious purposes and for school purposes. As early as November, 1844. the court authorized the holding of religious services in the court room of the first court house, and in August, 1851, Robert S. Thompson was given the right to hold a school in it. In December, 1850, Samuel Sherman was authorized to maintain a school in the court room of the second court house, provided he would allow political and railroad meetings at any time and religious services in it on Saturdays and Sundays. There are many persons yet living in Kirksville who can remember when the religious services of the town were held in the court room. In fact, there was no other place of worship in the town until the Cumberland Academy building was erected in the early sixties. .Just exactly when that building was fitted up for church purposes is not known.

Early on the morning of April 12, 1805, the second court house was destroyed by fire. It is presumed that the fire started in the county clerk's office or near it, inasmuch as this office was practically destroyed by the time the fire was discovered. No one knows how the fire started,

>>ut the presumption is that it was due to accident, though the charge ha** been made in the public prints of the county that it was the work of incendiaries who sought to cover up certain things that the records showed to their disadvantage. Many of the records of the circuit clerk's and recorder's office were saved, but the records of the circuit court were badly burned. The circuit court records that were saved have since been recopied in new volumes, but the half burnt originals have been lost. The copied volumes contain only fragments of the original records. Only three volumes of the records of the county clerk's office were saved, and they were on fire when they were taken out. Two of these volumes contain the record of most of proceedings of the county court from November, 1842, to November, 1857. Th?se volumes, with the binding burnt off and the edges of the leaves charred, are now preserved in two tin boxes in the county clerk's office, ami are among the most valuable historical documents on the early history of the county. Another volume taken from the county clerk's office, the assessor's Tax Book evidently for 1859, is likewise badly burned and is preserved in another tin box. The saving of the records in the circuit clerk and recorder's office was largely due to Mr. John L. Porter, who was then deputy in that office, and to Mr. Ebenezer Vorhees. These two men took their turn in going in among the falling embers and handing out the records through the windows.

Over thirty years parsed before Adair County possessed another court house of her own. Meanwhile, the court house square became known as the Park, which in time was set out in beautiful trees, though there were times when it was neglected and abused. A band stand was erected at one time in it, and this was used by the Kirksville band for its open air concerts. Moreover, during this period of thirty years the county offices and the courts were housed in different buildings around the square at different times.

The proposition to vote bonds to build a court house was submitted to the voters of the county at four different- times at least and defeated each time before it was carried. The first which proposed the the issue of $40,000 in bonds, was submitted November 5. 1872. and was defeated by a vote of 179 for to 1788 against. The defeat was doubtless due in part to the fact that the county was already heavily loaded with bonded indebtedness. Bonds to the amount of $78,000 had been issued in 1870 for the Normal School, and bonds to the amount of $75,000 had been issued for the Q. M. & P. H. K. Moreover. Benton township had voted $40,000 and the east half of Salt River Township $6,000 for the same railroad, so that the sum total of bonded indebtedness of the county and the two townships just mentioned amounted to $219,00" It is not surprising that the proposition to vote §40,000 more in bondfor a court house should have been defeated so decidedly at the poll-.

The second proposition was submitted on June 2, 1891. This was to issue bonds to the amount of $50,000 to build a court house and a jail. The county court decided that if the matter carried, the court house should be erected in the center of the square. But the matter was defeated by a vote of 737 for and 875 against. No such explanation can be offered for this defeat as was given for that in 1872. The county was at that time getting out of debt, the Normal School bond* having been paid off and the railroad bonds having been cut down considerably. Moreover, the county came very near losing all its rewords by fire a few months previous. On December 13, 1890, the northwest corner of the square, including the Masonic building in which the county offices and court were located, was burned to the ground. This would seem to have been sufficient warning to urge the people to vote to care lor their own records, especially since the financial condition of the county wabetter than it had been twenty years before. But this did not proveto be the case. The election returns show that the country people defeated the proposition. Many of them said that Kirksville ought te build the court house and that they would leave it for the town to du so. It was also said that no plans had been submitted to the peoplr so they could see what they were going to get for their money, and hence they would not support the proposition.

One of the questions that had. been long discussed prior to this election was the site for the new court house when it should be built. The first court house had stood on the northwest corner of the square, but the second in the center of the square or park. Many people wanted the new court house in the square, but some protested against that and advocated the purchasing of a lot somewhere either on or ofT the square on which should be erected the court house. One reason given against the square or park as the site was that the court house would have to have four expensive fronts, while if it were built on an ordinary lot it would need only one front and hence would not be so expensive.

The third proposition was submitted in November, 1892. Thiprovided for bonds to the amount of $40,000 for a court house and jail, but was lost by a vote of 1094 for and 1407 against.

The fourth proposition was submitted at the regular election four years later, that is, in November, 1890. This provided for bonds to the amount of 850,000 for a court house and jail, and while the vote was a little stronger for the proposition than the one cast in 1892, it was not enough to carry it. The vote stood 1422 for and 1592 against.

The last effort showed that the sentiment was gaining in favor of the building of a court house. This was a matter of encouragement to those who had long worked to give the county adequate protection for its records and who had some pride in the county's respectability. Within a year the matter was submitted again, and this time with success. On July 6, 1897 a petition bearing over 400 name? was submitted to the county court asking for a special election to vote on $50,000 bonds to erect a court house and jail, with the proviso that the court house would be built in the public square. The county court granted the petition and ordered the election to be held on August 3, 1897. The vote stood 1993 for, and 650 against. The victory for the court house was a decided one and reflected credit on the voters of the county.

The county court accepted the plans and specifications of Kirsch & Company of Milwaukee, and let the contract for building the court house according to the plans and specifications on November 6, 1897, to Anderson & Menke for $46,675.00.

The corner stone was laid with elal>orate ceremony on Monday, May 2, 1898. The day was not as auspicious as had been hoped, on account of the rain the day before and the threatening weather that day. But as it was, thousands of people were in town and witnessed the ceremony. In addition to the regular trains which brought in many people, a special train came up from Moberly.

At about twelve o'clock the parade was formed on High Street and moved west on McPherson to Franklin, south to Jefferson, west to Elson, north to Harrison, east to Franklin and south to the Grand Stand on Washington. Those in the parade came in the following order: Kirksville Cornet Band, Masonic Order, County Officials, City officials, Knights of Pythias, Odd Fellows, Lincoln Legion of Honor, G. A. R. Posts, Woodmen Order, American School of Osteopathy, Public Schools, Columbia School of Osteopathy, State Normal School, Adair County Volunteers, Old Settlers and other Citizens, and Marine Brass Band. H. A. Butler was Marshal of the day.

After the parade halted at the Grand Stand, the following program was carried out: The Address of Welcome was delivered by Mayor T. J. Dockery. The corner stone was then laid with Masonic rites under the direction of Andrew Fisher, acting Grand Master, of La Belle. The oration was delivered by Dr. C. H. Briggs, S. G. W. of the Grand Lodge of Missouri.

The program closed with a series of "toasts" as follows: "Adair County. Past, Present and Future," S. M. Pickler; "The State Normal School." Prof. It. C. Norton; "The Public Schools," Superintendent

W. K. Holloway; "The American School of Osteopathy," Dr. Win. Smith: "The Columbia School of Osteopathy," Dr. U. M. Browder; " The Old Settlers," Rev. Win. L. Fletcher; "The Churches and Sunday

The building was finished and occupied on March 31, 1899.. For some reason or other the court did not include the building of :t jail in the contract, and the total cost of the court house including fixtures, was considerably beyond the original contract. This extra expenditure was home out of the contingent fund of the county. There was considerable criticism on the part of some people because of the way the matter turned out. The building, however, is architecturally a credit to the county, and could not be rebuilt today for probably onehalf again as much as it cost.

As has been said, the county officers and the county courts were housed in various places during the period between the fire in 1865 and the erection of the present court house in 1897-98. For about twenty years after the fire the different offices were located here and there as facilities could he found. It was impossible to find a building where all the offices could be accommodated. For a while a part of the jail huilding was used by the county clerk and the county court. A building called Sherwood Hall on the south side, and also another building known as the Baylor building, the present Savings Bank Building, were used at different times for some of the county offices. When the Masonic building was erected on the northwest corner of the square in 1885, the offices and courts were moved into it. The burning of that huilding in 1890 forced the county court to provide temporary quarters in what is known as the Spencer block just south of the Citizens National Bank, but as soon as the Masonic building was rebuilt on its present site, that is just north of where the one that burned had stood, the county offices and courts were moved there. There they remained until the present court house was occupied in 1899.

Jail - In the early days the county had a kind of calaboose for the detention of prisoners. It is said to have been a log affair with the logs fitted closely together. Just where it stood is not known.

A few years before the civil war, probably in 1858, the county built a jail on the site where the present jail stands. The original structure was a low. small square brick building in which the various cells were placed. In a few years after it was erected a frame addition was built on the front for the use of the jailer. An addition was made to this frame part in 1877. It has just been noted how after the court house

Mr. T. J. Dockery, who has long resided in Kirksville, recalls qum well how this jail was thought of as a wonderful structure when it wa« built. He says that the people used to go and look at it and become convinced on seeing it that it was proof against jail deliveries. But it was found out that it was not so secure a place after all. On October 5. 1873, a jail delivery took place and five or six of the inmates made their escape. After that several other escapes were made, so that it became a common remark that anybody could get out who wanted to. When it was thought necessary to use precaution in safekeeping prisoner^ they were taken to the jails of neighboring counties.

The place was long recognized as unsanitary and ill-fitted for what it was intended to be. As early as 1878 the Grand Jury left on record its adverse criticism, and nearly every grand jury that inspected this jail until it was torn down, reiterated this criticism. The building, however, was allowed to remain in use nearly fifty years before a modern one was erected in its place.

One event took place in the old jail that should be mentioned. On January 15, 1904, John M. Robertson was executed in it by Sheriff C. N. Roberts, for the murder of his father-in-law, George Conkle, on November 13, 1902. This is the only legal execution the county has ever had.

We have seen that the county had voted bonds in 1897 to build a court house and a jail, but that the county court had put all the money thus voted into a court house. That left the matter in such a shape that the jail had to be built later with other funds. The need became so urgent that a proposition was submitted on June 4, 1904, to the people to issue bonds to the amount of $20,000 for the erection of a modern jail. This was defeated by a vote of 805 for and 708 against, the twothirds majority vote being lacking considerably. The same proposition was submitted again at the regular election in November of that year, but it failed again, the vote being 1187 for and 1147 against.

Though two defeats followed one another in so short a time, the matter was not dropped. The amount proposed was cut down from $20,000 to $17,000 and submitted again. It took three special ('lections, however, before this proposition was legally carried. These elections were all held in 1905. How there came to be so many special elections is a matter of some interest.

The second election was held May 31. The proposition carried this time by a vote of 1184 and 573 against. There were 12 more votes than the necessary two-thirds majority. The county court proceeded to let the contract and issue the bonds. The contract was let to the Pauly Jail Company of St. Louis and to A. L. Holmes of Kirksville, for the joint sum of $16,990, and the bonds were sold to Little & Hays for $17,510. But close investigation later showed that an error had been made in the notice of the election which invalidated the bonds. The notice read that the bonds were to run two vears, while the count v court records showed that they were to run three years. This error was not detected until one of the contractors had the foundation laid and much material on the ground. The county court therefore ordered a new election to be held on December 1. The vote at this time was 1235 for and 188 against. The bonds were made to run two years and were sold to the Mississippi Valley Trust Company for $17,367. The contracts with the Pauly Jail Company and with A. L. Holmes were renewed at the original figures, and the work proceeded until the building was completed in July, 1906.

Almshouse - The county maintains a county farm of 160 acres in the southeast part of Benton township for the keeping of the paupers of the county. The inmates are housed in an old farm house which is also used as a residence by the Superintendent. The county's insane patients are sent to the state asylums at St. Joseph and Fulton.

The county has contracted bonded indebtedness at different times for railroads, for the State Normal School located at Kirksville, for the court house built in 1897-98, and for the jail built in 1905-6. Some mention has already been made of some of these bonds, and mention will be made of the others in another place. But it is in order that a brief account of the entire matter should be given here.

As far as is known the first bonds ever voted by the people of the county were in favor of the North Missouri Railroad, now the Wabash. This road was begun in the early fifties and was in operation from St. Louis to Macon by the time the war came on. The Adair County Court made arrangements in 1856 to subscribe 850,000 to the capital stock of this railroad, and in 1857 the proposition to subscribe another 850,000 was submitted to the people. The records that have come down to us do not show whether the last proposition carried, nor how the first

$50,000 was to be raised. But it seems that in one way or another th county became obligated prior to 18(H) to the North Missouri Railroad for $100,000 on condition that the road be built to the Iowa line. TV line got only as far as Macon before the war and was not extended Kirksville and the Iowa line until 1868. The county did not cornier itself bound, therefore, to execute its obligations, though it is said by persons who ought to know that a few thousand dollars were pai-: to the railroad. Just how much could not be ascertained. Since th»- war the county has several times issuetl bonds for different purposes but at no time has it felt inclined to repudiate any of its debts.

In 1870 the county voted to issue twenty year bonds to the maximum extent of $100,000 for the purpose of securing the location of t)u- First District State Normal School in Kirksville. In making its bid to the Board of Regents for this school, the county offered to issue lx>ndsufficient to realize $50,000 for a building, and later offered to issue in addition other bonds to the amount of $16,000 for the purchase of school apparatus for the new school building and for the purchase of the old .school building. The county was able to raise the $50,000 in ca>h promised for the new building, only by issuing bonds to the amount <>: $62,000, so bad was the credit of the county at that time. This amount together with the $16,000 additional bonds, made the total amount <<i bonded indebtedness for the Normal School $78,000.

In 1872 the county issued twenty year bonds to the amount <>:' $75,000 in behalf of the Q. M. & P. R. R., now the "O. K.'\ in fulfillment of a contract made bv the count v court under the authoritv vested in it by the people of the county at a special election held on March 2!> 1870. At that election the people adopted a proposition to subseril** $100,000 to the capital stock of this railroad, to be paid in the following installments: $25,000 when the grading should be completed from tineastern line of the county to Kirksville; $50,000 when the iron should be laid from West Quiney to Kirksville; and $25,000 when the grading should be completed from Kirksville to the western border of the county. This railroad was completed to Kirksville by 1872 and the county proceeded to fulfill its part of the contract by issuing $75,000 in bond- The railroad never got the remaining $25,000 because it did not finish the road to the western border of the county until several years later, and the delay caused the railroad to forfeit its rights to the rest of tie $100,000 promised by the county.

In this connection it should be mentioned that Benton Township voted in 1S71 to issue $40,000 to the same railroad, and likewise tineastern half of Salt River Township voted to issue $6,000 for the sann

In 1897 the people voted to issue five year bonds to the amount of $50,000 for the building of a court house and jail. For reasons as have already been shown, the county court found it feasible to use all the money realized from these bonds in a court house and hence did not build a jail. In 1905 the county voted $17,000 in two year bonds to build a jail and residence for the sheriff.

As far as can be ascertained this constitutes the list of bonded indebtedness of the county, except perhaps here and there when some bridge bonds were issued and sold.

Interest

If the bonded indebtedness of Benton and East Salt River Townships be added, the above figures would be extended so as to amount to *2M.00O.

In 1893 there yet remained unpaid $55,000 of the original $75,000 -ul*cril)ed by the county to the Railroad, and $10,000 of the original $40,000 subscribed by Benton Township. A proposition to refund these l*mds at a lower rate of interest was submitted in 1893 to the people <»f the county and of Benton Township, and it was carried by overwhelming votes. In the county the vote was 631 for to 51 against. It H-ems from this that the county had done very little towards meeting its obligations, though twenty years had come and gone since the bonds were first issued, and that Benton Township had meanwhile cut her Iwnds down to onefourth of the total original amount.

- The Normal School got $50,000 in eawh and $1G,000 in bonds of tin* county, t These Ixmds were issued to the Railroad and were not put on the market by the county.