Buchanan County, Missouri - Formation of Buchanan County and Its Courts, 1904

Formation of Buchanan County and Its Courts

First Col'Xtv Court, Sheriff and Surveyor - Formation of Townships - First "Election - First County Seat and Court House - Removal of County Seat From Sparta to St. Joseph - Courts and Judges.

In December. 1838. the General Assembly of Missouri passed an act providing' for the org;anization of Platte and Buchanan tounties. James Buchanan, afterwards President, at that time represented the United States at the coui"t of St. Petersburg. He w.is a popular idol at home, and this county was named in his honor.

The creative act authorized the Governor to appoint three judges of the County Court and a sheriff, to serve until the general election in 1840: also a surveyor. The act provided ft)r a commission to locate i- permanent seat of government, naming Peter B. Fulkerson and Armstrong McClintock of Clinton and Leonard Brassfield of Clay County as commissioners. It provided also that until this commission had acted, the seat of government should be at the house of Richard Hill. The regular terms of the County Court were fixed for the first Mondays in I'ebruary, May, August and No\'ember, but the court was permitted to hold special sessions.

Buchanan County was made part of the Twelfth Senatorial District, part of the First Judicial District and part of the Twelfth Judicial Circuit, and the regular terms of the Circuit Court were fixed for the second Mondavs

Governor Lilburn W. Boggs appointed Samuel Johnson. William Harrington and William Curl as the first judges of the Buchanan County Court and Samuel Gihnore as the first sheriff'. This court met at the house of Richard Flill. near the site of old Sparta, on the first ]\Ionday in April, 1839. and organized by electing Mr. Johnson as presiding judge and appointing \Yilliam Fowler clerk.

The first business of the court was the subdi\-ision of the county into municipal townships. This was no small task and underwent remodeling several times l)efore it was found satisfactory. Platte, Tremont, Marion. Lewis, Xoble. Jefferson. Nodaway. Atchison. Bloomington. Washington. Crawford. Wayne and Center are mentioned in the early records. However, the court, at its first session, ordered an election of two justices of the peace and one constal)le for each township, and specifically mentioned the following : Platte. Tremont, Marion, Bloomington. Crawford. Noble, Lewis. Nodaway and Jefferson. In 1842 we find 10 townships: Bloomington, Crawford,

Platte, Treniont. Marion, Jackson, Washington, Rnsli, Wayne and Center. As the population increased it became necessar}' fmni time to time to change the bonndaries, nntil the present snl)(hvision into 12 townships was reached. We ha\c now Washington, Marion. Lake. Wayne, Center, Agency, Tremont, Rush, Bloomington. Crawford, Jackson and Platte. The Connty Conrt met alternately at Mr. Hill's house and at the house of Joseph Robidoux at Blacksnake Hills.

Matthew M. Hughes, who had been appointed by Governor Boggs to survey Buchanan County, made his report to the County Court on January 8, 1840. "I commenced on the northwest corner of Platte County," he says, "in the center of the main channel of the Missouri River, and ran u]) the same, with its various meanders, forty-two miles and fiftytwo chains, which constitutes the western boundary of your county ; thence I ran a due east course, marking each fore and aft tree with a blaze and two chops, and trees on each side in the way pointing to the line, of fourteen miles and twenty-seven chains to a stake in the old State line, or the line of Clinton County, which constitutes your northern boundary; then south twenty miles and fifty-two chains along said line to the northeast corner of Platte Countw which constitutes your eastern boundary ; thence west ak^ig the line of Platte County twenty-seven miles and forty-seven chains, whicli constitutes your southern l)oundary, containing four hundred s(|uare nn'les." For all this work the court paid Mr. Plughes $94.

The commissioners appointed by Governor Boggs to select a seat of justice did not act until May 26. 1840. On that day they met the County Court at Mr. Hill's house and, after going carefully over the ground, selected for the seat of justice the scnitheast quarter of section 21, township 56, range 35. This land is now owned and cultivated bv William McCauley.

Anticipating the decision of the commissioners a small settlement had been made. The commissioners named the new county seat "Benton" in honor of Senator Thomas H. Benton, but this did not meet with popular appro\-al, and at the August term the County Court changed the name to Sparta.

Ha\ing a seat of justice Buchanan County must, of course, have a Court House. A log structure was erected, which is mentioned more extensively in another chapter. In 1842 $6,000 was appropriated for a substantial Court House, but this was never built at Sparta.

\Miile Sparta was near the center of the county, the principal trading point was at Blacksnake Hills. A petition, signed by 956 (being three-fifths) of the ta^^ble citizens, asking for the removal of tlie county seat, was presented to the Connty Court at the February term in 1843, ^'^'^^ t^"*^ court appointed Winslow Turner, James Hull and James Kuykendall to select a site. These gentlemen reported on July 4, 1843, stating that they had selected the southwest quarter of section 8, township 57, range 35, "the same being on the Missouri River at the Blacksnake Hills."

This quarter section had been preempted by Joseph Robidoux and he lost no time in platting the town of St. Joseph after this report. At the election that followed, a majoritv voted for the removal of the covmtv seat to the Blacksnake Hills, but the measure failed because the claim of the county to the quarter section above mentioned was not sustained by the Circuit Court. Robidoux had a prior right.

The commissioners provided by the Legislature met in St. Joseph on ]\lay 24. 1845. Joseph Robidoux, who objected to giving his entire town-site to the county, was inclined to be liberal, however, and donated all of block 48, the site of the present Court House. This \vas acceptetl by the commissioners.

The Legislature had also provided for the reimbursement of tlie holders of lots in Sparta, To assist in doing this, Frederick W. Smith donated one block of ground in St. Joseph and Elias F. Wells donated two lots. John Patee donated three acres of land and Samuel C. Hall 20 acres. To further aid this movement, the citizens of St. Jt)seph subscribed about $1,000 in mone}-.

The lands donated were sold for $1,370.50. They are to-day among the best property in St. Joseph and are easily worth $300,000. The amount thus secured covered the liability to the Spartans by a narrow margin, for of the $2,370.50, it required $2,185.

On December 24. 1845, ^^^ election was held to ratify the action of the commissioners. St. Joseph received 1,037 votes and Sparta 541. The County Court held that this vote did not decide the question in favor of St. Joseph, contending that a majority of all free white male inhabitants taxable, over the age (^f 21 years, was required, and holding that there was no such majority for St. Joseph.

The court at once ordered another election for P"ebruary 28. 1846. The Spartans had been inspired with new hope and worked vigorously to defeat the aspirations of St. Joseph. There were speeches, the press was brcjught into active use and people made a personal matter of the contest. Fortune favored St. Joseph tjiis time with 1.164 votes against 455 for Sparta. The county seat was at once removed to St. Joseph. The lot owners in Sparta, having been reimbursed, moved off and the land reverted to the legal holders.

Tlic Circuit Court. - As previously stated in this chapter, Buchanan County was attached to the Fifth Judicial Circuit, and it therefore became the distinguished duty of Hon. Austin A. King of Ray County, the judge of the Fifth district aforesaid, to hold the first session of the Circuit Court.

On February 16, 1839, Judge King commissioned Edwin Toole of Blacksnake Hills as clerk of the Circuit Court, to hold said office until his successor should be elected at the general election in i'840.

On July J 5. 1839, Judge King opened court at the house of Joseph Robidoux at Blacksnake Hills, through the proclamation of Samuel Gilmore, "high sheriff in and for said county."

Both Civil and criminal cases were considered at this term, the first case docketed being Andrew S. Hughes vs. Ishmael Davis, a petition in debt. This case was dismissed at the plaintiff's cost. There was also an assault and battery case, and the grand jury returned indictments against 2t^ pioneers who had whiled away monotony and money in the national game of poker. Several merchants were indicted for doing business without license.

Little was accomplished, however, at the first term of court, most of the cases being continued to the November term, when the gamesters were fined $5 each.

- Two applications for citizenship were made during the fiVst session of the court. Gottfried Rente), a native of Poland, and Rudolph Mill of Hesse-Darmstadt, Germany, renounced allegiance to their respective princes and po-

During- the Noxember term much business was (hsposed of. Among' other things, one William W'ilhams was indicted by the grand jury for rape. Jle was remanded to the sheriff of Clay County for keeping, there being no jail in Buchanan Connty ai\ yet, and, at the March term of 1840. was found guilty and sentenced to the penitentiary for five years. He was the first criminal taken to that institution from this county.

The first three terms of court were held at Robidoux's house, and the July and November terms of 1840 were held at the house of Richard Hill, near Sparta.

Go\'ernor Reynolds appointed Hon. David R. Atchison of Platte County as judge of this circuit, and Peter H. Burnett, also of Platte County, as circuit attorney.

On March 31, 1841, Judge Atchison convened his court at the house of Richard Hill, and the next term, in July, was held in the log Court House at Sparta, which had just been completed.

In 1843, Henderson Young of Lafayette County succeeded Judge Atchison, who had 1)een appointed United States Senator 1)y Governor Reynolds to fill the unexpired term of Dr. Linn.

Judge Young' resigned one year after Judge Atchison, and the Governor appointed Solomon L. Leonard of Buchanan County, who served until 1852, and was succeeded by William B. Almond of Platte County. Judge Almond held the office only one year, when he resigned to go to California, where he had pre- A'iouslv accumulated a considerable fortune.

Judge Norton ser\ed until i860, when he was succeeded by Silas Woodson of Buchanan County, who. during the war. became a member of (jen. Willard P. Hall's staft' as colonel and inspector-general. Idiere was little business in the Circuit Court in tlu)se stormv davs. In 1864, Judge Woodson was a canchdate for reelection and was defeated by William Herron of .\ndrew Count}-, who served for the following four years.

Isaac C. Parker of .^t. Jose])b ser\ed from 1868 to 1870, when he resigned to go to Congress. Judge Parker's term was conipleted by Bennett Pike. Joseph P. (irubb \\as elected to succeed Judge Pike, and served from 1872 to 1880, when he was in turn succeeded by W'illiam Sherman. Judge Sherman died after two years and Judge Grubl) was appointed to fill the vacancy.

The l^velfth Judicial Circuit. diminislied in size as the territory became populated. During the war the circuit was composed of the Platte Purchase only. From 1872 to 1889 the circuit was composed of Buchanan and DeKalb counties. By considering that 10 years ago one circuit judge was able to meet the re(|uirements of these two counties and that it now requires three circuit judges for Buchanan County alone, one gets some idea of the grow th of this community in that period.

In 1885. it was deemed necessary to establish a criminal branch of the Circuit Court, and the Legislature of that year provided for this, (ioxernor Crittenden appointed Silas Woodson to the post and Judge Woodson served until June II, 1895. ^vhen he resigned owing to ill health, (ioxernor Stone ai)pointed Romulus E. Cuh'er to fill the vacancy and Judge Culver was elected to succeed himself at the general election of November. 1896. He resigned in

April of 1899, and was succeeded by Benjamin J. Casteel (appointed by the Governor), who filled out the unexpired term and was elected to succeed himself in November, 1902.

Oliver M. Spencer was elected circuit judge November, 1886, and served until May of 1890, when he resigned. Governor Francis appointed Archelaus M. Woodson to fill the vacancy. Judge Woodson was reelected for a second term November 8, 1898.

The Legislature of 1889 passed a bill establishing two civil branches of the Buchanan County Circuit Court, and Governor Francis appointed Henry M. Ramey judge of Division No. 2. Judge Woodson's court being Division No. i. Judge Ramey was elected for a full term in November, 1890. He was succeeded in 1896 by Thomas H. Parrish, who died in Octolier. 1897. Governor Stephens appointed Charles F. Strop to fill the \acancy until the general election of No\ember, 1898. Judge Strop failed of nomination at the Democratic primaries in May of 1898, being defeated by William K. James, who was elected November 8. 1898. to fill out the unexpired term of Judge Parrish. which ended in 1902. Judge James was succeeded by Judge Ramey, the present incumbent.

The Court of Common Picas. - A tribunal within the recollection of comparatixely few of the younger people was the lUiclianan County Court of Common Pleas, which existed from 1853 to 1873. This court was created to relieve the circuit judge, whose territory was too large and who often did not reside in the county.

The Court of Common Pleas had concurrent jurisdiction with the Circuit Court except as to criminal cases, and its records tell the hist(^ry of a large volume of the litigation that was had here during- the 20 vears of its exi>tence.-

This court opened for its first term on Monday, September 12, 1853, '^^'i^h William C. Toole as judge, who served until September 15, 1855, when he was succeeded by Washington Jones. Judge Jones only served one year, resigning, and was succeeded by Joseph J. Wyatt September 18, 1856. Jndge Wyatt served for 10 years, being succeeded in October of 1866 by E. J. Montague, who ser\ed until December of 1870. Judge Toole again came upon the bench at that time and ser\ed until December of 1873.

The court was abolished by the Legislature and. when Judge Toole adjourned without date, the pending litigation was transferred to the Circtiit Court, the Twelfth Judicial Circtiit having meanwhile been contracted to Btichanan and DeKalb counties. The clerk of the Circuit Cotirt was also clerk of the Common Pleas Court.

77/r County Court. - William Harrington. Samuel Johnson and William Curl were appointed by Governor Boggs as the first County Court of 1839. In 1840, Stephen Jones. Richard Roberts and Upton Rohrer were jtidg"es. From that time to this the court has been organized as follows, the first named being the presiding jtidge: Stephen Jones, Richard Roberts, Thomas A. Brown, 1841-42; Richard Roberts, Thomas A. Brown, William Dunning, 1843-44: William Dunning, Robert Irwin, Robert Duncan. 1845-48; William Dunning, Robert Irwin, T. S. Tall)ot, i849_; T. S. Talbot, W^illiam Dunning, Robert Jesse, 1850- 52; Aaron Lewis. Nelson Witt, Hiram Rogers. 1853-54; Aaron Lewis, Nelson Witt, Cornelitis Roberts, 1854-55; William M. Carter. Nelson Witt. Cornelius Roberts, 1855-56; Joseph H. Crane. Cornelius Roberts. John J. Pullins. 1856-57: John J. Pullins. James A. Anthony. Cornelius Roberts. 1857-59: James A. Anthony. John J. Pullins. William Dunning.

During 1874-78, the County Court consisted of five members. In that period the organization was : Michael Fitzgerald, John Taylor, Fred W. Smith. John L. Wade, John L. Sutherland, 1874-75; Bernard Patton, S. D. Cowan, John E. Wade, John Rohan, John Taylor, 1875-76; Bernard Patton, William Roberts, John Pryor, Cornelius Roberts, Patrick Mclntyre, 1876-78.

From 1878 to the present time the County Court has consisted of but three judges and the organization of the court has been : Thomas A. Brown, P. Mclntyre, John H. Carey, 1878- 80; Thomas A. Brown, P. Mclntyre, L. F. Carpenter, 1880-82; Thomas A. Brown, John Kelly, William Buntin, 1882-84; Thomas A. Brown, John Kelly, A. F. Greenard, 1884-86; A. M. Dougherty, John Kelly, James Ferrill, 1886-88; A. M. Dougherty, W. B. Smith, Harry Keene, 1888-90; Thomas A. Brown, James W. Mansfield, W. B. Smith, 1890-92; Thomas A. Brown, William M. Stanton, James A. Millan, 1892-94; Harry Keene. Edgar Sleppy, William M. Stanton, 1894-96; Harry Keene, Augustus Saltzman, Jason B. Landis,

1896-98; William M. Stanton, T. J. Hill, Augustus Saltzman, 1898-1900; William M. Stanton, T. J. Hill, Edgar Sleppy, 1900-02. William M. Stanton, John H. Duncan and Harry D. Bassett formed the court on January I, 1903. Judge Bassett died August 27, 1903, and John Kelly, a former member of the court, was appointed by Governor Dockery to fill out the unexpired term. Judge Stanton died March 14, 1904. The Governor appointed John T. Chestnut to serve until the election of a successor, in November, 1904.

The Probate Court. - Prior to 1851, the County Court was also the Probate Court. The first regular Probate judge was Joseph J. Wyatt, who served 1851-59. Henry S. Tutt succeeded him and served 1859-65. For the next 10 years the County Court was again the Probate Court. In 1875, the Probate Court having been restored, the judgeship was held by Henry S. Tutt, who served unil 1890, when he was succeeded by John M. Stewart, wdio held the office four years. From 1894 up to the time of his decease, James P. Thomas filled the place. Governor Dockery appointed Sterling P. Reynolds to serve until a successor should be elected.

Tlic Supreme Court. - Under the provisions of the Drake constitution, a law was passed making the Supreme Court a migratory tribunal. The State was divided into districts, and St. Joseph was the seat of justice for Northwestern Missouri. From 1866 to 1876 two sessions of the Supreme Court were held here each year. Litt R. Lancaster, for many years a prominent attorney here, but who is now a resident of California, was clerk of the St. Joseph sessions.

County And Other Officials

Officials From the Earliest Days to the Present Time - Public Prosecutors - Clerks of the Circuit Court - Sheriffs and Contests for the Office - County Clerks and Contests - Collectors - Coroners - Recorders of Deeds - Treasurers - County Physicians - County Surveyors - Public Administrators - Members of Congress - State Senators - Representatives - Constables - Oil Inspectors.

Public Prosecutors. - Prior to 1872 the public prosecutor was styled circuit attorney and was elected, as the judge, by the votes of the judicial circuit. When the Twelfth Circuit was created by the Legislature, in 1841, Governor Reynolds appointed Peter H. Burnett of Platte County as circuit attorney. In 1843 Mr. Burnett resigned and was succeeded by Willard P. Hall, Sr., of Buchanan, who in turn was succeeded by J. M. Jones of Andrew. The office was also held by James Craig of Buchanan, James N. Burnes of Platte, Joseph 1'. Grubb of Buchanan, Thomas Thoroughman of Buchanan and Isaac C. Parker of Buchanan. The last incumbent was B. K. Davis of Maryville.

Of those named, Mr. Burnett was afterwards Governor of California, Willard P. Hall was Governor of Missouri and Isaac C. Parker, James Craig and James N. Burnes went to Congress. Judge I'arker ended his days as United States judge at Fort Smith, Arkansas.

the first prosecuting attorney of Buchanan County. He resigned before the expiration of his term and James P. Thomas afterwards probate judge, was appointed to serve out the unexpired period.

Jonathan M. Bassett, a leading lawyer of the olden times, held the office for several terms. Henry M. Ramey held the offite for four years, 1874-78, and was succeeded by Willard P. Hall, Jr. Oliver M. Spencer prosecuted during 1880-82; Thomas F. Ryan, 1882-84; James W. Boyd, 1884-86; Benjamin J. Woodson, 1886-88; W^illiam E. Sherwood. 1888- 90; Lawrence A. Vories, 1890-92; Romulus E. Culver, 1892-94; Albert B. Duncan, 1894- 96; William B. Norris, 1896-98; James W. Mytton, 1898-1902. The present incumbent is Lewis C. Gabbert.

Clerks of the Circuit Court. - The first entry on the record of the Circuit Court for Buchanan County recites the appointment, by Judge Austin A. King, of Edwin Toole as ''clerk of the Circuit Court," with power and authority to discharge the duties of said office until the general election in the year 1840. This order was made on Fehriiary ] ^, 1839, and Mr. Toole at once began the \\(jrk of preparing for the first term of court, to be held in the following July. In 1840, Mr. Toole was succeeded by William Fowler, who held the position until 1852, being at the same time county clerk.

William Ridenbaugh was clerk of the Circuit Court from 1852 to 1862, when he was succeeded by W^illiam C. Toole, wh(_> served two years. F^rank G. Hopkins ser\ed from 1864 to 1870 and was succeeded by William Ridenbaugh. who held the place for three years, dying in office. C. C. Colt serx-ed out Mr. Ridenbaugh's term and was succeeded by J. H. R. Cundiff, who held the office from 1874 to 1878, and was in turn succeeded by . Samuel 1). Cowan, who held the office until 1894. John T. Chestnut succeeded Mr. Cowan and ser\-e(l two terms, being succeeded at the end of j(;o2 by Ambrose Patton, the present incumbent.

Sheriffs. - When Goxernor Boggs a^)- pointed the hrst judges of the Buchanan | County Court, he also appointed a sherifY, - Samuel M. (iilmore. Mr. Gilmore held the office until 1843, ^vhen he was succeeded by (ieorge W. Taylor, who ser\ed until 1846. The next four years saw William B. Reynolds in the office, who was succeeded in 1850 by Leander T. Ellis. Joseph B. Smith ser\-e(l from 1852 to 1856, when Solomon X. Sheridan took the office. Mr. Sheridan did not serve out his term, and was succeeded In- James A. Matney. Michael I). Morgan serxed from 1858 to \H()], when he resigned to go to war. Samuel Knsworth was appointed to ser\o out the term. Enos Craig- was elected and ser\ed ] 862-64. In 1864-66, Ransom Ridge was sheriff. lr\in h'ish served in \H()()-()X. Dr. R. P. Picliard-oii lilK-d tlic offiice for ihe next two years and was succeeded by Col. Elijah (iates, who served in 1870-74. James L. Spencer, better known as "F^ay" Spencer, succeeded Colonel Gates with four years, and Robert H. Thomas followed Mr. Spencer, serving four years also.

In 1884, John H. Carey took the office. In November of 1886 he w^as defeated for a second term by Joseph Andnano, the vote being 295 in favor of the latter. Mr. Carey refused to give up the office on the ground that Mr. Andriano was ineligible, and, on November 13th, notified Mr. Andriano that he intended to contest the election, for the reason that he (Carey) had been credibly informed that .\ndriano was an alien and not a citizen of the L'nitecl States. This was a surprise to Mr. Andriano, who had lived in St. Joseph 36 years, held city offices and ser\-ed three years in the Union Army. How e\er, he engaged counsel and prepared for the contest. The case came u^) before Judge Oliver M. Spencer in the Buchanan Countv Circuit Court, who, on January 2 7,, 1887, decided in favor of Mr. Carey. 'Jlie first i)aragraph of Judge Spencer's decision reads as follows :

"idle decision of this case depends alone upon the citizenship of the defendant. From the testimony of the defendant himself, who was the only witness examined, it appears that he was born at Heidelberg. Germany, on the J 5th (la_\' of October, 1841. When he reached the age of seven he, together with his parents, immigrated to the United States. In 1854. while the defendant was still a minor, his parents were naturalized. The defendant never at an}- time declared his intention to become a citizen of ihe United States; never renounced his allegiance to the government of German}-, or took the oath of allegiance to this country. i4e dei^ends alone u])on the naturalization of his parents to make him a citizen."

Axd Representative Citizens

Judge Spencer decided at length, and with numerous citations, that Andriano was not a citizen of the United States under the evidence and the circumstances. The case was at once appealed to the Supreme Court and the decision reversed.

Sheriff Andriano took the office early in May of 1887 and held it until January, 1889, when he was succeeded by Eugene H. Spratt, who subsequenly served four years. Charles W. Carson then served two years and was succeeded in January, 1895, '^y Joseph Andriano who. in tiu^n, was succeeded January, 1897, by James Hull, who served until the end of 1900, when he was succeeded by Martin L. Spencer, the present incumbent.

County Clerks. - William Fowler was appointed county clerk at the first meeting of the Buchanan Cotmty C()urt, held at the house of Richard Hill, on the first ^londay in April, ;839, and served under this appointment imtil the election in 1840, when he was elected and thereafter was reelected repeatedly until 1852, being succeeded by iMilton H. Wash, who served until 1858. From 1858 to 1864 the office was held l)y Isaac \'an Riley. Willis 'M. Sherwood succeeded iNlr. Riley, serving till 1870. when John B. Harder took. the office. iMr. Harder served three years and some months and died while in office. His unexpired term was filled by John T. Ransom. I. \^an Riley was again elected in Xoveml)er, 1874. and t(K)k charge January. 1875. In the following April he died and his son, Edward Van Riley, was appointed. E. \'an Riley served out the remaining portion of his father's term and was then elected, holding the office until 1884. Philip Rogers was the next clerk, serving in 1884-92. He was succeeded by T. Ed. Campbell who died ]\Iay 3. 1893. Waller Young was appointed by Governor Stone to ser\-e until the next election. November. 1894.

1894 were Enos Craig, Republican, and Robert M. Nash, Democrat. The returning board showed that ]\Ir. Craig had a majority of one \ote. Mr. Nash was satisfied, but the leaders of his party urged him to contest the election. He declined to do this until various defeated candidates of the Republican ticket had instituted proceedings for a recount of votes^ As a result of this recount Nash had a majority of 80 votes over Craig. On January 7, 1895^ Craig took charge of the office under his certificate from the Go\ernor, based upon the first count. On February 19, 1895, Judge A. M. Woodson of the Circuit Court decided that Nash was entitled to the office. Craig filed notice of appeal and an appeal bond. Nash applied for a writ of ouster, but Craig's, attorneys set up the claim that the appeal bondi constituted a supersedeas to the writ of ouster and appealed to the Supreme Court for a writ of prohibition upon the writ of ouster. Judge iMcFarlane of the Supreme Court decided that the appeal bond was not a supersedeas to the writ of ouster and that the writ of ouster must prevail. Thereupon Judge Woodson ordered the sheriff to place Nash in office. This was done, but Nash's troubles were not over yet. for the two Republican memters of the County Court, Judges Keene and Sleppw refused to approve liis bond or to recognize him as clerk. However, it was soon legally decided that tlie County Court could not sit without a clerk and so the judges bowed to the inevitable. The case which Craig had appealed to the Supreme Cotirt was afterwards decided against him.

In the election of November, 1898, Craig and Nash again opposed each other for this office and Nash was elected by 900 majority. He served until the end of 1902. when he was sticceeded by Sterling Price Smith, the present inctimbent.

county collector and tax gatherer until 1864. Thomas Harbine was the first incumbent of the office, serving 1864-68. The office was then filled as follows: John Finger, 1868-70; Robert F, Maxwell, 1870-72; Talbott Fairleigh, 1872-74; Thomas J. Burgess, 1874-76; Milton M. Claggett, 1876-78; Randolph T. Davis, 1878-82; Tandy H. Trice, 1882-88; James Hull, 1888-92, George H. Hall, Jr., served from 1892 to April 23, 1895, when he resigned, having defaulted. Governor Stone appointed Edward J. Bre.en to serve out the term. Eugene H. Spratt was elected November, 1896, and relected for two years November, 1898. He was succeeded by Benjamin L. Helsley, the present incumbent, whose second term will expire at the end of 1904.

Recorders of Deeds. - The circuit clerk was recorder of deeds up to 1865. The first recorder \\as George A. Pearcy, who served 1865-74; Thomas Kelly served 1874-75; INIichael Crawford, 1875-78; James Millan, 1878-80: Thomas N. Finch, 1880-88; Joel Gates, 1888-96. Mr. Gates was succeeded by Joseph N. Karnes, the present incumbent, who is serving his second term.

Treasurers. - The following have filled the office of county treasurer in the past : James A. Anthony, 1840-50; John Curd, 1850-62; George Lyon, 1862-70; Gustavus H. Koch, 1870-74; John Williams, 1874-78; James Hull, 1878-80; John T. Ransom, 1880-82; James Hull, 1882-86; T. Ed Campbell, 1886- 90; Joseph Andriano, 1890-92; John B. Corbett, 1892-94. Harry Cox was elected for 1894-96, but the office was filled by Richard Horigan, who furnished the bond for Cox. Ishmael Davis served four years and was succeeded by Nathan D. Goff, the present incumbent, whose term expires with the year 1904.

Assessors. - W. W. Reynolds was the first assessor of Buchanan County, having been appointed by the County Court in 1839. He served until 1843, since which time the office has been held as follows : Hiram Roberts, 1843- 45; Zachariah Garten, 1845-46; Mathew C. Ferrell, 1846-47; Leander T. Ellis, 1847-51; H. M. Beauchamp, 1851-52; Henry Smith, 1852-53; Hiram Roberts, 1853-55; James A. Matney, 1855-63; William Fitton, 1863-65; John B. Harder, 1865-67; J. A. Matthews, 1867-69; Joseph Mathers, 1869-71; Cyrus J. Missemer, 1871-73; John S. Tutt, 1873-75; George Garrett, 1875-77; John S. Tutt, 1877- 85. Tutt died in office. John P. Boyle was appointed to fill out the unexpired term. He did this and was elected to succeed himself but died shortly after qualifying. John C. Landis was appointed by Governor Marmaduke to serve Boyle's term. Harry D. Bassett served 1888-94. William H. Croy followed Bassett and served until his death, in February of 1898. His brother, James Croy, was appointed ])y Governor Stephens to serve out the unexpired term, and was then elected to serve until 1902, when he was again elected. He is the present incumbent.

County Surveyors. - Simeon Kemper was the first county surveyor. He and Elijah McCrary held the office until 1857, when M. Jeff Thompson was elected. W. B. Johnson was elected in 1861, S. P. Hyde in 1868, Lemuel Peters in 1872, Theodore Steinacker in 1880, Harry Fardwell in 1888, W. B. Hazen in 1892. and Theodore Steinacker, the present incumbent, in 1896, since which time he has served continuously to date.

Public Administrators. - Prior to 1874 this office was held by William Ridenbaugh, William M. Albin, James H. Ashbaugh. Henry Smith and Eugene Ayres. From 1874 to 1896 it was held by Thomas R. Smith, who was succeeded by James A. Gibson, the present incumbent.

Members of Congress. - L'p to 1845 the Congressmen from Missouri were elected at large. The last member from this section under the old system was James M. Hughes of Clay County, a nephew of Gen. Andrew S. Hughes and the father of Mrs. Calvin F. Burnes of St. Joseph.

General Hall was the regular Democratic nominee in 1846, and against him was pitted James H. Birch of Clinton County, a brilliant man, but one who vacillated politically. Judge Birch was the independent candidate. General Hall, who was plain Willard in those days, left the campaign to take care of itself and went with General Doniphan's expedition to jMexico. The people liked his spirit and patriotism, and elected him in his absence.

After serving two terms, General Hall was succeeded by Mordecai Oliver, a Whig, who was then living at Richmond. Judge Oliver was afterward Secretary of State, and in 1884-86 served as police judge in St. Joseph.

In the Thirty-fifth and Thirty-sixth Congresses (1857-61) the Fourth District was represented by Gen. James Craig, Democrat, of St. Joseph. Judge Elijah H. Norton of Platte County, Democrat, succeeded General Craigand served one term.

The State had meanwhile been redistricted and St. Joseph was in the Seventh Congressional District. Gen. Ben F. Loan of St. Joseph, Republican, represented the district in the Thirty-eighth, Thirty-ninth and Fortieth Congresses ( 1863-69) .

Judge Isaac C. Parker, Republican, of St. Joseph, represented the district in the Fortysecond and Forty-third Congresses (1871-75). During the last term of Congressman Parker, the State was again redistricted and Buchanan County fell into the Ninth Congressional District.

David Rea, Democrat, of Andrew County, who served two terms (1875-79). Hon. Nicholas Ford, Greenback, of Anch^ew County, succeeded Judge Rea, defeating General Craig, and served two terms (1879-83).

\n 1881 the State was again redistricted and the entire Platte Purchase - Platte, Uuchanan. Andrew, Holt, Nodaway and Atchison counties - formed into the Fourth Congressional District. The first man to represent the new district was the late James N. Burnes, Democrat, who defeated Morris A. Reed of St. Joseph, Republican, and Nathaniel Sisson of Maryville, Greenback-Labor, in November of 1882, by a majority of 569. In 1884 Colonel Burnes defeated Judge Henry S. Kelly. Republican, then of Andrew County, by 2,176 In 1886 Colonel Burnes defeated Byron .\. Dunn of Maryville, Republican, by 3,087 votes. In 1888 Colonel Burnes defeated H. R. \y. Flartwig of St. Joseph, Republican, by 3,177 votes.

Colonel Burnes died January 24, 1889, at Washington. He had yet to serve his unexpired term in the L^iftieth Congress. Governor Francis ordered a special election to be held February 21, 1889, to fill the vacancy in the I'iftieth Congress and also for the election of a successor to Colonel Burnes in the Fifty-first Congress. The Republicans nominated Capt. I*>ancis M. Posegate of St. Joseph for both places. The Democrats nominated Charles F. Booher of Savannah for the short term and Robert P. C. A\'ilson of Platte County for the long term. Captain Posegate was defeated by 618 votes. Mr. Booher ser\ed only about two weeks.

In 1890 Mr. Wilson defeated Nicholas Ford, Republican, of Andrew County, and W. H. AVhipple. Populist, of Buchanan County, receiving a majority of 1,118. In 1892 Daniel D. Burnes, Democrat, defeated George C.

Crowther, Republican, of St. Joseph, and J. B. Wilcox, Populist, of Andrew County, receiving a majority of 1,259. In J 894 Mr. Crowther defeated William C. Ellison of Maryville, Democrat, and William S. Missemer of St. Joseph, Populist, his majority being 1,661. In 1896 Charles F. Cochran of St. Joseph, Democrat, defeated Mr. Crowther, his plurality being 3,829. Mr. Cochran is now serving his tourth term.

State Senators. - -The act authorizing the erection of Buchanan County attached it to the Twelfth State Senatorial District, which was represented at that time by Cornelius Gillam and James T. V. Thompson. Subsequently Buchanan County was a part of the Tenth District, which in 1842 was represented by Cornelius Gillam, and in 1844 ^^Y Jesse B. Thompson. In 1846 it was part of the Seventh District and was represented by Robert M. Stewart, who served until 1858 and was succeeded by John Scott. Buchanan Counly was then in the Twelfth District. Senator Scott was succeeded in 1862 by Col. John Severance, who in 1864 was succeeded by J. N. Young. Col. Thomas Harbine succeeded Se viator Young, the county having meanwhile become part of the Second District. Senat ir Harbine served until 1871, and was succeeded by Daniel Ransom, who served cMie term, and was succeeded in 1875 ^^y ^Valler Y'oung, who also served one term. Ahira Manring of D^- Kail) County succeeded Senator Young and served two terms. In 1882 Randolph T. Da\is was elected and resigned, his unexpired term being filled by Waller Young, who was succeeded in 1886 by Michael G. Moran. Senator Moran was succeeded in 1890 by Charles F. Cochran, the present Member of Congres.^:, who served four years and was succeeded by Arthur W. Brewster. During Senator Cochran's term the State was redistricted and Bu- clianan County alone now constitutes the Second District. The senatorial term is four years. Senator Brewster was succeeded by William H. Haynes, who in turn was succeeded by Lawrence A. Vories, the present incumbent.

Representatives. - The first man to represent Buchanan County in the House was Jesse B. Thompson, who served 1840-44. The second was Richard Roberts, who served 1844- 46. Then came James B. Gardenhire, who served two \ears, and was followed by John Bretz, who served until 1850.

Buchanan County was now entitled to two representatives, and Henry S. Tutt and Sinclair K. Miller were eleced. In 1852 A. J. Vaughan and E. F. Dixon were the representatives, each serving one term. Then came Wellington A. Cunningham and W. J. Everett, who served in the session of 1854. In the session of 1856 Buchanan County was represented by John Bretz and Alexander Davis, and in the session of 1858 and the special session of 1859 by Cornelius Day and Alexander D^vis. In the session of i860 J. C. Roberts and J. H. Ashbaugh were the representatives, and in 1862 J. L. Bittinger and Robert Brierly. In 1864 Buchanan County was represented by Robert Brierly and Joseph Thompson.

Three years elapsed between the twentythird and twenty-fourtli general assemblies, and when the latter met in 1867 Buchanan County was represented by Charles B. Wilkinson and Washington Bennett, who were succeeded in the session of 1867 by Samuel Hays and Oscar Kirkham. In the session of 1871 our representatives were J. L. Bittinger and William Randall, and in the following two sessions, in 1873 and 1875, they were J. L. Bittinger and W. S. Wells of Rushville.

W. Sutherland and Dr. E. A. Donelan. In the session of 1879 our representatives were Thomas Crowther, John T. Riley and John Saunders. The session of 1881 found Dr." Donelan, John T. Riley and Benjamin J. Woodson representing Buchanan County, and the following session, 1883, Alex. D. Vories. Michael G. Moran and A. A. Whittington. In the session of 1885 our representatives were William H. Havnes, Dr. Donelan and William S. W^ells; in the session of 1887, William H. Haynes, Dr. Donelan and G. W. Johnson; in 1889, Waller Young, Abraham Davis and B. F. Stuart; in 1891, Abraham Davis, Dr. E. A. Donelan and B. F. Stuart; in 1893. Abraham Davis, Granville G. Adkins and B. F. Stuart; in 1895, John L. Bittinger, James Moran and Oliver P. Smith; in 1897, John L. Bittinger, Joseph A. Finer and James" P. Shewmaker ; in 1899, W. K. Amiek. Joseph A. Finer and James P. Shewmaker; in 1901, R. M. Abercrombie, Albert B. Duncan, W. S. Connor. In the session' of 1903, Buchanan County had four representatives : Charles S. Shepherd, John G. Parkinson, Albert B. Duncan and W. S. Connor.

Constables. - Each township elects one constable every e\en numbered year. The constable is a peace officer and is also empowered to serve writs issued by justices of the peace. The records afford so little satisfaction that no efifort will be made to present a list of those who have held this office in the various townships during the past. In 1882, Charles W. Carson was elected constable of Washington township, but resigned short!}- after taking the office. In 1884, Louis Eggert was elected. He resigned in 1885 and Stephen Sale served out the term. In 1886, James Mansfield was elected and served two terms. He was succeeded in 1890 by \\^ R. Womach, who also served two terms, and was succeeded by George Nixon,

Oil Inspectors. - This is a State office, the proper title of which is "inspector of petroleum oils." The appointment is made by the Governor for a term of two years and has been filled as follows : Henry Borngesser, appointed March 10, 1871 ; Vernon Ridenbaugh, June 26, 1872; R. A. Macloon, August 2, 1874;