Lincoln County, Missouri - Chapter 5: Land Gkants, Railroads, Etc, 1888

Chapter 5: Land Gkants, Railroads, Etc

The first lands in what is now Lincoln County, to which individual titles were obtained, are certain tracts known as Spanish grants or surveys. Under Spanish rule, the Government, in order to encourage settlement, allowed individuals to select and survey unoccupied tracts of land of varying size wherever they chose to settle, and then gave them a grant or right to hold the same as individual property. The Spanish Government also granted large, and often very large tracts, to certain individuals, for services rendered the Government. Very few, if any, of the grantees of the Spanish grants became actual settlers. Perhaps a few obtained grants for the purpose of settlement, and a few made temporary settlements prior to 1800, and prior to the permanent settlements heretofore mentioned. It seems, however, that nearly all these grants in Lincoln County were made to persons who obtained them for speculative purposes and not for settlement. When the United States acquired title and took possession of this territory, these Spanish grants were the only lands to which individuals could obtain title, and they only by purchase from the original grantees or their assigns. When the territory was ceded by Spain to France, it was upon condition that individuals holding title to lands under the Spanish Government should be protected in their rights; and when France ceded the territory to the United States, the same stipulations were made. Consequently the United States respected these titles, and afterward, upon a proper showing of evidence of title, the lands were confirmed by Congress to the original grantees or their legal assignees.

Jeremiah Groshong, Surv< >j * IT'.M. (540 acres; Christopher Clark, Survey 389, MV2. 36 acres; William Dunn or Legal representatives, Survey 0250, 5,322.12 acres; Mackay Wherry, Survey 17:;:;. ;;i<».'_n acres; Richard Taylor, Survey (.'~><>, 6 10 acn James Morrison, Survey *)09, 640 acres; James Lewis, Survey LG42, 340.24 acres; Charles Dehault De Lassus, Survey 3034, 11,011.38 acres. The latter was confirmed by Congress July 4, L850.

Town 48 Nobth, Range 2 East

Squire Boone, Survey 00, 595.45 acres; Arthur Burns, 040 acres: Ira Cottle and "William Hays, Survey 524, 510.41 acres: Nathaniel Simonds, Survey 1795, 040 acres; Isaac Cottle, Survey Too. 640 acres; William Farnsworth, Survey 754, 040 acres; James McKay or legal representatives, Survey 3035, 14,176.05 acres. The latter, and others of smaller size, were confirmed by act of Congress of July 4. 1850. From Survey No. 3035, Section 10 (the school section) and the interfering parts of Surveys 60, 754, 17S8 and 1795 were excluded at the time of confirmation.

Town 48 Nokth, Range 3 East

Francis Roy, Survey 1650, 680.55 acres; Toussant Cerre, Survey 1654. 850.69 acres; Bernard Pratte and Joseph Beauchemin, Survey 1087, 1,301.11 acres. These three grants lie on the Mississippi.

Town 49 North, Range 1 East

This township contains a large part of Survey No. 3034 confirmed to Charles Dehault De Lassus, as mentioned in Town 48 north. Range 1 east, and also parts of Surveys 1648, 1805, 1645 and 1791.

Town 50 North, Range 2 East

Louis Labeaume and children, Survey 1824, 3,572.91 acres; Claibourne Rhodes, Survey 1042, 510.41 acres; George Spencer, Survey 1718, 510.41 acres; Antoine Smith, Survey 1732, 1,020.83 acres; William E wing, Survey 425, 040.50 acres; James Burns, Survey 823, 510.41 acres; John Bassy and legal representatives, Survey 3209, 1,301.11 acres. In this township are parts of other surveys lying mostly in township 50, Range 3 east.

Town 48 North, Range 1 West

In Township 48 north, flange 1 west, there are only three small grants, and in Range 2 west, none. In Township 49 north, Range 1 west, there are several small grants, and in Range 2 west, only one - No. 1751, containing 680. 55 acres, confirmed to James Green, Jr. ; and in Range 3 west, none.

Town 51 North, Range 2 West

In this township, and extending into Pike and Montgomery Counties, lies Survey 3016, containing 8,506.94 acres. By decision of the supreme court, January term, 1836, it was confirmed to Julie Soulard, widow of James G. Soulard, and other heirs of Antoine Soulard. Survey 1812 containing 1,361.11 acres was confirmed to Yienfe Rig6che.

Many of the foregoing surveys extend into one or more townships, but the greater portion lie in the town ships where mentioned. Many of the early settlers purchased portions of these lands and settled thereon. All those who settled on the public lands of the United States could not obtain titles until after the Government surveys were made, and a land office established for the sale of the lands. Meanwhile, the pioneer settlers exercised the right of pre-emption; that is, they selected their lands, settled thereon, improved the same, and waited to enjoy the preference which the law gave them to purchase when the lands came into market.

The Public Surveys

The Government survey of the public lands in Lincoln County was taken about the year 1819, being mostly made by Col. Daniel M. Boone, a son of the famous hunter and adventurer, Daniel Boone, formerly of Kentucky. A land office was established at St. Louis, and afterward it was moved to Palmyra. As soon as the land office was established, the settlers who had pre-empted their lands hastened thereto and formally entered them, paid the Government price, §1.25 per acre, arid received patent deeds for the same. The Spanish grants, as may be seen by reference to the county map, were never surveyed with any regard to east and west or north and south lines. They were governed by the irregular shape in which the best lands were found, and also by the course of the streams. The rectangular system formulated and adopted by the United States for surveying the public lands was not then in use, especially not by the Spaniards, under whose government the grants were made. When the surveys were made by the United States surveyors, the Spanish grants or surveys had to be regarded, and could not be interfered with. Consequently, when the line of a Government survey struck the line of one of these former surveys or grants, it had to close thereon, and be extended from the opposite side of the survey.

Principal Meridians

The first principal meridian governing the surveys of public lands according to the rectangular system, whereby the lands are surveyed into townships, ranges and sections, is the State line between the States of Ohio and Indiana. The second principal meridian runs through the central part of Indiana, a few miles west of the city of Indianapolis. The third principal meridian runs through the central part of Illinois, about eight tin4 Illinois River, near Beardstown, north to tin- Mississippi, on which it closes. The fifth principal meridian lies in the eastern parts of the States i)\' Arkansas and Missouri, and passes through the center of Lincoln County. Mo., a Little over a mile east of Troy, and closes on the Mississippi a few miles above Clarksville, in Tike County. Hence the lands in this county wrere in ranges both east and west. Other principal meridians governing the public surveys lie west of this State and number consecutively.

Base Lines

The base lines are run across the meridian at right angles in the southern part of the territory to be surveyed from them ; thus the base line w7hich governs the surveys in connection with the fifth principal meridian lies in the State of Arkansas, 126 miles south of the southern boundary of Missouri, and 282 miles south of the extreme southern boundary of Lincoln County. The last mentioned base and meridian lines govern the public surveys in both Arkansas and Missouri.

Public Lands

The first covers the great bulk of lands sold and conveyed by the general Government, through its land offices, to individual purchasers. The second consists of the sixteenth section (or its equivalent) in each congressional towmship throughout the State, all of which was donated by Congress to the State for educational purposes. (Further mention of the school lands is made in connection with the public schools.) An act of Congress passed September 28, 1850, to enable all the States of the Union to construct the necessary drains and levees to reclaim the swamp and overflowed lands therein, made unfit thereby for cultivation, and which remained unsold at the passage of the act, granted all lands belonging to that class to the respective States in which they were situated. The act also provided that these lands should be selected and conveyed to the several States by the Secretary of the Interior, and that the proceeds from the sale of the lands should be applied exclusively, as far as necessary, to reclaim them by means of levees and drains. In making the selection of the swamp and overflowed lands in Missouri, it seems that the people or the authorities of Lincoln County, whoso business it was to look after her interest, thought the county contained no lands coming under that head. It was supposed that the act only applied to swamp lands, and not to other land subject to occasional overflow. In consequence of this strict construction of the law, and neglect of the proper officers to attend to the business, no swamp or overflowed lands were ever selected in Lincoln County. It is true that the Spanish grants covered a large percentage of this class of lands, but it is also true that there are thousands of acres of land in the county, such as the lands subject to overflow along the Cuivre and other streams, that were not covered with the Spanish grants, all of which might have been selected under the Swamp Land Act. These lands, after being selected and conveyed to the State, were transferred by the State to the counties, with instructions to the county court to appoint a swamp land commissioner to carry out the congressional act in regard to reclaiming the lands, with the additional proviso that whatever surplus of funds remained after the necessary levees and drains were constructed, should be appropriated at the option of the county court for other purposes, or made to constitute a permanent school fund. But as stated, Lincoln County acquired none of its swamps or overflowed lands, and consequently obtained no funds from that source.

The failure seems to have been the result of neglect, as evidenced by an order made by the county court, September 2, 1871, of which the following is a copy: "The Court appoints Eugene N. Bonfils agent for Lincoln County, Mo., to make an investigation into- any interest which said county may have in any swamp or overflowed lands within said county, and take such steps as may be necessary to protect the interest of the county, and to ascertain and report to the Court what swamp or overflowed lands are within said county, or any proceeds thereof, to which the county might be entitled by reason of either State or National legislation."

The record does not >lniw thai Mr. Bonfils made ani reporl of his investigation, It is presumed, however, that h<' made an oral reporl thai the "day of grace bad been sinned away," in accordance with the facts previously stated. It is proper to state here thai Col, Thomas G. Hutt is entitled to the credit of

The St. Louis, Keokuk & Northwestern Railroad was completed through Lincoln County in 1879. It enters the county from the south at Old Monroe, on the Cuivre River, and runs thence in a northerly direction, along and at the foot of the bluffs on the west side of the Mississippi bottoms, and at an average distance from the river of about three miles, and leaves the county at a point about one and a half miles east of the northwest corner of Township 51 north, Range 2 east. Its length within the county is 20.88 miles. It is valued for taxation at 8148,483.

The St. Louis & Hannibal Railroad was finished through Lincoln County in May, 1882, and the first great excursion from Troy was to Sells Brothers' show at Hannibal, May 2 - round trip $2. It enters the county from the south, near the mouth of Big Creek, and runs up the valley of the Cuivre in a northwesterly direction to the town of Silex, and there it leaves the valley, and bears northeastwardly, and leaves the county near the center of the north line of Township 51 north, Range 1 west. It has many curves occasioned by the hilly surface of the country through which it passes, and its length within the county is 33.04 miles. It is assessed for taxation at §136,883. The combined length of these two railroads is 53.92 miles, and their combined assessed value is §285,366. According to the present tax levies these two railroads will pay in the County of Lincoln for the year 1888 about §5,400 in taxes, and thus help the people, in a measure, to liquidate their bonded indebtedness. Of course the tax will be for all purposes. Along these railroads and elsewhere in the

Railroad Bonds

On the 21st day of December, 1866, the county court (then being composed of Justices Milton L. Lovell, Samuel T. Ingram and James Willson), upon petition of numerous citizens of the county, made an order appropriating $100,000 for the purpose of taking stock in the St. Louis & Keokuk Railroad, provided that it be located within one-half mile of the courthouse in Troy. At the same time Maj. Alex. H. Martin was appointed agent for the county, to confer with the directors of the railroad company in securing the location of their road, and to order the bonds of the county, bearing interest not to exceed 6 per cent., to be issued at such times and in such sums as he might think proper, and to sell the same to the best advantage of the county, and, in general, to do and perform all necessary things for the interest of the county in the premises. This order, upon the petition of a large number of citizens, filed January 7, 1867, was afterward rescinded.

On the 13th day of August, 1868, the county court, then being composed of Justices M. L. Lovell, S. R. Moxley and S. T. Ingram, ordered that Lincoln County subscribe $300,000 to the capital stock of the St. Louis & Keokuk Railroad Company, and that county bonds for that amount should be issued. The bonds were to run ten years from the date of issue, at the rate of 10 per cent per annum, the interest to be paid semi-annually. This subscription was made on the condition that the railroad should commence on the North Missouri Railroad, at or near Dardenne, thence to cross the Cuivre at or near Chain of Rocks, and thence to re-cross the Cuivre at or near Moscow, and pass up the west side of the river within one-half of a mile from the courthouse in Troy, and thence northwardly, passing near Auburn, or between Auburn and New Hope, on the most eligible ground to the Pike County line. And for the purpose of carrying this order into effect, the Court again appointed Maj. A. H. Martin as agent for the county, with like powers as were given him on his former appointment. By order of the court, this appro- priation of $300,000 was made in lien of the appropriation of tin- >i»>(). nmi made December 21, L866. At tin- February term, of 1869, the county court sei oul lb a preamble the alleged failure of Josiah Fogg, president of the St. Louis & Keokuk Bailroad Company, to aoi in good faith with the county in carrying out and complying with tin4 provisions Bet forth in the foregoing

Afterward, at the following May term of the county court, Alex. H. Martin reported that at the meeting of the directors of the railroad company, held in St. Lonis on the third day of that month, for the purpose of selecting judges of the election for directors of said road for the ensuing year, a majority of the judges selected were inimical to the best interests of Lincoln County, and that it appeared that large quantities of bogus stock had been subscribed to the road, with the view of controlling the bona fide stock taken therein by this and Pike Counties ; and that with the determination of protecting the interests of the county, he refused to subscribe the stock ordered by the Court to be taken, and withdrew from the meeting, and refused longer to co-operate with the board of directors. Meanwhile a communication was received from President Fogg, which seems to have satisfied the Court that they had misapprehended his motives, and that he was acting in good faith with the county. On the 17th day of February, 1870, the Court ordered that all the powers and authority previously conferred upon Maj. A. H. Martin as agent of the county "concerning stock in the St. Louis & Keokuk Railroad Company' be revoked and withdrawn. Five days later the following entry, showing the subsequent action of the court, was made upon the record of its proceedings:

" In the matter of the St. Louis & Keokuk Railroad Company. Whereas, It is the opinion of the county court that the inhabitants of this county have not been sufficiently guarded in the appropriation of $300,000 heretofore made to the capital stock of the St. Louis & Keokuk Railroad Company, and, Whereas, The county court is advised that said company are willing that all proper and just safeguards should be thrown around the subscription aforesaid, it is therefore ordered, adjudged and decreed that in lieu of all subscriptions of every nature, kind and character whatever, made by the county court of this county to said railroad company, the sum of $300,000 in bonds of said county of Lincoln, State of Missouri, be, and the same is hereby subscribed to the capital stock of the St. Louis & Keokuk Railroad Company, subject to the following express conditions, reservations and stipulations, viz. :

" First. That the subscription be received by said company in lieu of all subscriptions of every kind whatsoever heretofore made by said county of Lincoln to said company.

" Second. That said railroad shall be permanently located, built and operated on the following line, viz. : Beginning at the North Missouri Railroad, thence to within one-half of a mile of the courthouse in Troy, in said county, thence to the northern line of Lincoln County, State of Missouri.

" Third. That a good and sufficient depot for passengers and freight shall be built and permanently maintained within one half of a mile of the courthouse in Troy, in said county.

u Fourth. That said subscription herein made may be paid to said company, or the duly accredited agent thereof, in the bonds of the county of Lincoln, State of Missouri; said bonds payable ten years after the dates thereof; to be dated on the day of delivery to said company or its agent; to bear interest from date at the rate of 10 per cent per annum ; interest payable semiannually, with coupons attached for said interest; principal and interest may be paid at the National Bank of the State of Missouri ill current funds, and that said bonds shall be received by said railroad company at par.

" Fifth. That the work on said railroad shall be commenced and prosecuted continuously from a point on the Northern Missouri Railroad to the northern line of Lincoln County, Mo., on the established line of said St. Louis & Keokuk Railroad; and the said bonds shall not be issued, nor the said subscription paid in any manner whatsoever, except in proportion as the work on said line is actually done; and all of said subscription of $300,000 shall be expended within the limits of said county of Lincoln. Provided, That a sufficient Bam may bo 1106(1 out of Bald $800,000 by 8aid company to make necossary BUrveVO of said railroad through said county of Lincoln.

" Sixth. That said bonds shall be delivered to said company only upon estimates of work actually done in said county, which work shall have been received by said company; said estimates shall be sworn to by the chief engineer of said railroad, and filed with the agent' of saitl county. Should said estimates appear to be too high, said agetat, shall call to his aid a competent engineer, and said engineers 'shall make another estimate of the work done, and in case they disagree, a third engineer shall be called in by them, and the report of two of them shall be conclusive upon all parties.

" Seventh. That said company shall never charge for transportation of freight or passengers on said railroad to or from any point in said county, more than 10 per cent above regular rates from the termini of said railroad - distance to be in all cases the ratio of charges.

" Eighth. That said company shall accept this order within sixty days from this date, by a resolution of their board of directors, entering the same upon their records, and by delivering to the clerk of this court a duly authenticated copy of said resolutions of acceptance.

" Ninth. That upon the acceptance of this order by said company in the manner herein required, it is ordered that the agent of said county of Lincoln make subscription to the capital stock of said St. Louis & Keokuk Railroad Company, in the name of the county of Lincoln, in the sum of $300,000, conditioned as herein specified.

" It is further ordered by the Court, That David T. Waddy be, and he is hereby appointed agent for the county of Lincoln, to represent the interests of said county, and contract with said company for the due performance of the conditions herein, and in general to do and perform all acts, duties, offices and services, to protect the rights of said county in the premises, subject, however, to the approval of the county court of said county, and subject to removal at the will of said court. Ordered further, That the clerk of this court furnish a certified copy of the foregoing

On the 30th day of May following, R. T. Gladney presented to the Court petitions signed by 278 citizens of the county, praying the Court to rescind the order subscribing stock to this railroad. These petitions were ordered to be placed on file. The next day Walter Perkins and six other directors of the railroad company appeared and notified the Court that the company did not accept the conditions of the order made by the Court at the last February term, as required by Section 8, thereof. At a special term of the county court, held June 21, 1870, the following entry was made upon the record of its proceedings:

"In the matter of the St. Louis & Keokuk Railroad: It is hereby ordered that the order of this court, made on the 13th day of August, 1868, be amended as follows, viz. :

" Second. That the bonds of the county for the subscription of $300,000 to the capital stock of the St. Louis & Keokuk Railroad Company, made August 13, 1868, be issued and duly signed by the presiding justice of the county court, and bearing date 21st day of June, 1870, and attested by the clerk thereof, with the seal of the court, and be placed in the hands of the said agent.

" Third. That the said bonds be paid by the agent of the county to the said company, in sums of not less than $10,000, upon estimates for work done, or materials supplied for the building of the road through Lincoln County ; said estimates to be approved by any first-class engineer, if so required by the agent of said county. And for the purpose of defraying cost of instrumental surveys through Lincoln County, the agent of the county is hereby authorized and directed to pay to said company the sum of $3,000 in bonds of this county - part of the said subscription of $300,000 - immediately on the completion of the said instrumental surveys through Lincoln County. ProvidcL

Thai the said Burveys through Lincoln County be commenced within twenty days after notice in writing is given to the president of the company, by the clerk of the county court, that the

11 Fourth. That all past duo coupons for interest on said bonds be cut off before delivery of the bonds to said com puny; and that the said past due coupons be returned to the county court for cancellation; and upon eacli and every delivery of bonds to said company, the said company shall deliver to the agent of said county, fully paid certificates of stock in amount equal to the bonds.

" Fifth. That a good and sufficient freight and passenger depot shall be built and maintained by said company, within onehalf of a mile of the courthouse in Troy, at a cost of not less than $2,000.

" Sixth. That when the St. Louis & Keokuk Kailroad is graded, tied and bridged through Lincoln County, as aforesaid, any surplus that may remain of said subscription of $300,000 may be expended in grading, or in superstructure of said road between Lincoln County and the North Missouri Railroad.

" Seventh. The said St. Louis & Keokuk Railroad Company are hereby authorized to commence their road at or near Wentzville, or at or near Gilmore Springs, on sai<J North Missouri Railroad, thence to within one-half of a mile of the courthouse in Troy in this county, thence to the northern line of Lincoln County, State of Missouri.

" Eighth. The foregoing bonds shall be payable in ten years from the first day of July, 1870, and shall bear interest from the first day of July, 1870, at the rate of 10 per cent per annum, payable semi-annually on the first days of January and July, with coupons attached. The said bonds to be numbered from one to six hundred, and each bond shall be for the sum of $500."

At the August term, 1870, the court ordered David T. Waddy, agent, to pay over to Josiah Fogg, president of the railroad company, $3,000 in bonds, for the instrumental survey of the road made through Lincoln County, and to receive certificates of paidup stock for the same amount. In compliance with this and other orders, Dr. Waddy reported to the court on February 13, 1871, that he had paid out in Lincoln County bonds the following amounts:

The report, which was further itemized, showing full compliance with instructions regarding past-due interest coupons, certificates of stock, etc., was approved by the court. In May following, Dr. Waddy reported to the court that he had paid out bonds from 60 to 112 inclusive, amounting to $26,000, on estimates of work done in the months of February, March and April He also presented to the court 540 certificates of paid-up stock, which, with twenty certificates previously presented, made 560 shares of paid-up stock of $100 each. On the 14th of August following, John C. Downing presented a petition, signed by 1,520 citizens of the county, praying the court to remove Dr. D. TV Waddy from his office as agent for the county in relation to the-; St. Louis & Keokuk Railroad, and to appoint G. G. Wilson as; his successor, with certain instructions set forth in the petition. The matter was continued until the next day, when Henry Quigley presented a remonstrance signed by 1,348 citizens of the county, praying the court not to remove Dr. Waddy from his office as such agent. Both petition and remonstrance were continued until the 18th, when the court, after hearing addresses of both parties, and after having duly considered the matter, were ''unanimously of the opinion that they could not grant the prayer of said petition, without gross injustice to, and an unwarranted impeachment of the business capacity and moral integrity of said D. T. Waddy," and therefore ordered that the petition be respectfully dismissed.

president of the railroad company mentioned, the further sum of $10,500 in bonds of the county, on estimates of work done on the proposed railroad, for the months of April, May and Juno of that year; and on the 17th day of November following, ho reported that lit4 had paid in county bonds to President Woolfolk the further sum of $55,000 on estimates of work done in the months of August, September and October. The work continued to progress, and at the February term, 1872, the court ordered Francis C. Cake to purchase twenty-four railroad bonds already issued to the company, and ordered that $10,200 be appropriated out of the railroad fund for that purpose. Accordingly, on the 16th day of May following, Mr. Cake reported, among other things, that he had purchased the twenty-four bonds as ordered, for the $10,200 appropriated. These bonds and coupons thereto attached were then returned to the court properly cancelled. He purchased the bonds for $425 each, and reported hat the market price, at date of his report, was $450 - the face of the bonds being $500 each. At the same time Dr. Waddy reported that he had paid to the president of the railroad company, on three different estimates of work done, the further sum of $52,500 in county bonds; and that the total number of bonds paid out thus far was 348, amounting to $174,000. And for the last amount paid out he presented to the court 340 shares of paid-up stock, and a receipt for 185 shares to be issued at the next meeting of the board of directors. This report, together with Dr. Waddy' s resignation, then offered, was accepted by the sourt. James L. McLellan, of Troy, was then appointed agent of the county in relation to the railroad business. It was then ordered that Section 7 of the amended order of the court, made -June 22, 1870, be further amended, as follows:

" Sec. 7. The said St. Louis & Keokuk Railroad Company are hereby authorized to commence their road at a suitable point on the North Missouri Railroad, thence by the mouth of Big Creek, in Lincoln County, thence within one-half mile of the courthouse in Troy, this county, thence on the present located route to the northern line of Lincoln County, State of Missouri." On the next day the court caused the following entry to be made upon the record of its proceedings :

" In the matter of the St. Louis & Keokuk Railroad, Whereas, the Missouri & Iowa Railway Construction Company is endeavoring to obtain sufficient capital to insure the completion of the St. Louis & Keokuk Railroad, and Whereas, objections are urged by capitalists to the manner in which the stock of said railroad company is scattered ; and Whereas, it seems necessary in order to secure the building of said road, to remove every obstacle so far as can be reasonably done. Now, therefore, in consideration of the premises and of one dollar in hand paid by the said Missouri & Iowa Railway Construction Company, the receipt of which is hereby acknowledged, we hereby agree that if said Construction Company takes the contract for building said railroad, and prosecutes the same in good faith, and shall have the track laid on said road through the County of Lincoln within one year from the 1st day of April, 1872, then and in that case said Construction Company shall have the right to purchase, for the sum of one hundred dollars, the three thousand shares of said railroad company's stock subscribed and to be paid by said Lincoln County; and we hereby agree to assign and deliver the said stock to the said Construction Company at any time on the receipt of the said sum of one hundred dollars, after the track is laid as aforesaid through the County of Lincoln, Provided, the said track is so laid within one year from April 1, 1872. Otherwise this agreement is to be void and of none effect.

" I sign the above and foregoing obligation with the express understanding that if it is in conflict with any existing laws, the same is to be void and I exempt from all liability.

On the Lotli of August, L872, James M. McLellan, in his first report as county agent, stated thai In* received from the bands <>f his predecessor, Dr. Waddy, county railroad bonds Nbs. 349 to 600 inclusive, and that be had paid to the railroad company, on estimates for work done in the county, bonds 349 to 128 inclusive, amounting to $40,000. Ho also presented to the Court certificates for 5 s 5 shares of paid-up stock, L85 of these certificates being due as per last report of Dr. Waddy. The county now had paid out 128 of her bonds, amounting to $214,000, and held '2,140 certificates of paid-up stock. On the 16th of November following. James M. McLellan reported that since making his last report, he had paid to the railroad company, on estimates of work done, ninety bonds, amounting to §4 5, 000, and received 450 certificates of stock therefor. In February, 1873, the county court made the following entry on the record of its proceedings: " In view of the great scarcity of money, and the extreme high price of iron during the last half of the year 1872, the time for the completion of the road as mentioned in the foregoing agreement (that of April 8, 1872), is hereby extended to December 1, 1873.

At this term Agent McLellan reported that on December 28, 1872, he paid President Woolfolk twenty-two bonds, numbered 519 to 540 inclusive, making $11,000, and received for same 110 shares of stock; and on the 17th day of May following he reported that on the 2d day of that month he had paid the further sum of §12,500, being bonds 541 to 565 inclusive, and received 125 shares of stock; and in August following, he reported that during the last quarter he paid fifteen bonds more, amounting to $7,500. At the November term, 1873, the county court, upon application of the directors of the railroad company, extended the time for the completion of the road to December 1, 1874. On the 15th day of November, 1873, James M. McLellan made his final report, stating that he had paid out bonds 587 to 600 in- elusive, being all the balance of bonds in his hands, and returned certificates for 175 shares of stock, making in all 3,000 shares of paid-up stock then held by the county. This report was approved and the agent discharged. The original 000 bonds for the subscription of the $300,000 to the capital stock of the company had now all been issued; and on the 1st day of January, 1874, as shown by the records, there was still outstanding, of this bonded debt, the sum of $270,000. On this the interest accumulated rapidly, and the taxes annually levied and collected to pay it began to grow burdensome to the people, especially as the railroad was not yet completed. Three years more passed away; the interest on the bonds rolled up in semi-annual installments, and the taxes which continued to be levied and collected still oppressed the taxpayers. Consequently on the 29th day of September, 1876, Charles U. Porter and Alexander Mudd presented to the county court, then in special session, the following petition, signed by about 2,000 taxpayers:

"We, the undersigned citizens and taxpayers of the above named State and county, fully recognizing our condition, and appreciating the responsibility of our action, but believing as we do that we are aggrieved by the action of the county court of said county at the August term, 1868, by which said court appropriated the sum of three hundred thousand dollars ($300,000) to a corporation known as the St. Louis & Keokuk Railroad Company, and issued the bonds of the county for the payment of the same, and believing that the action of the court was without authority of law, and hence void, and further believing in the sacred rights of petitioners for the redress of grievances, u First. To cancel or revoke the order made by the court at the May term for 1876, by which a tax of 60 cents on the $100 was levied on the taxpayers of the county, to pay the interest on the bonds issued as aforesaid, and also order the collector of this county not to collect the same.

" Fourth. That the court will, when any action or actions are brought, or proceedings instituted to enforce tho payment of either principal or interest on said bonds, employ suitable counsel to aid in resisting the payment of the same in any court in which any such action may be tried, and, in fine, that the court will resist the payment of said bonds and interest by all means known to the law. And for the same your petitioners will ever pray."

The consideration of this petition was continued until the following day, when the court took action thereon, and made the following entry on the record of its proceedings:

"And now the petition of Charles U. Porter, Alexander Mudd and others, coming on to be heard, and the court being fully advised of the premises contained in said petition, it is hereby ordered by the court that the first prayer of said petition, viz. : praying for the expunging of the levy of six mills for railroad purposes, upon the tax books of the present year, which was made by this court at the May term thereof for 1876, be and the same is hereby rejected. And further that the court grant the prayer of said petitioners, relating to the payment of the January interest of 1877 on the railroad bonds, and that the treasurer be ordered not to pay the same ; and that hereafter no money shall be paid for either principal or interest until the question of the legality of said bonds is finally and fully settled in the courts."

As soon as the payment of interest ceased, the holders of the bonds, or a number of them, brought suit in the United States Circuit Court, for the Eastern District of Missouri, to enforce its collection. Afterward, on the 16th day of January, 1877, the committee for the foregoing petition, and their attorney, A. V. McKee, and also the objectors to the petition, by their attorney, R. H. Norton, appeared before the court, and all matters pertaining to the litigation of the bonds being set forth by the contending parties, the court appointed A. V. McKee, on behalf of the petitioners, and R. H. Norton, on behalf of the objectors, to prepare a statement of facts pertaining to and connected with the issuing of the Lincoln County bonds to the St. Louis & Keokuk Railroad Company, and to submit the same to an able lawyer of their selection for his written opinion as to the validity of the bonds. In April, following, Messrs. McKee and Norton presented to the Court their statement of facts, prepared as directed, together with the written opinion of Hon. A. W. Lamb, of Hannibal, Mo., who held the bonds to be valid, and advised the county to make preparations to pay them. Then came the committee of taxpayers by their spokesman, Charles U. Porter, and presented a series of resolutions relating to the matter. The consideration of the written opinion and these resolutions was laid over to the second day of the following May term. At the appointed time the matter was taken up, whereupon R. H. Norton presented a petition signed by 251 other citizens and taxpayers of the county, praying the Court to " require of those persons still desiring to litigate the bonds to give to the county a good and sufficient bond of indemnity against all costs of suit and damages resulting to the county by reason of said litigation." The Court refused to grant the prayer of this petition, and rescinded their former order that the opinion of the attorney employed by Messrs. McKee and Norton should be final.

Afterward, at the June adjourned term, the Court chose Henry A. Cunningham, of St. Louis, as attorney for the county, to protect its interest in the litigation of the bonds, and appointed George T. Dunn to enter into a contract with him. The contract was afterward reduced to writing and placed on file. By its terms Cunningham was to have a retaining fee of $500, and five per cent on all he might save the county by reason of the litigations, if a test case should be taken to the supreme court of the United States, but upon the bringing of various suits by the bondholders, he was to have $1,000 as a retainer, and five per per cent on the amount saved to the county. Various suits, however, were brought and judgments obtained against the county, and on the 12th of November, 1878, Messrs. Overall and Judson, attorneys for certain bondholders, appeared before the county court and demanded that warrants be drawn on the treasurer of Lincoln County in favor of their clients for judgments obtained in the United States Circuit Court for the Eastern Dis- trict of Missouri, /is follows: To Benrj 0. MoPike for $5,380.80; Joseph W. Douglass, $11,368.81; I-:. EL Thornton, $1,062.64, Vespasian Warner, $6,371.56; Elisha Poote, $3,189; and John W. Ritnour, $1,670.56. Thiscouri refused to draw the warrants as demanded. Afterward, on the 29th of April. 1879, the ;il><>ve mentioned court issued a writ of peremptory mandamus commanding the county court to forthwith make and deliver to each of these judgment creditors warrants on the county treasurer to pay their judgments, interest and costs; and if there was not enough money in the treasury subject to the payment thereof, they should forthwith proceed to levy and cause to be collected, at the same time taxes were collected for State and county purposes, a special tax sufficient to fully pay and discharge the same.

In obedience to this writ, the Court, finding no money in the treasury subject to the payment of said judgments, ordered Josiah Creech, prosecuting attorney, to petition the circuit court, or the judge thereof in vacation, for orders to make the special tax levy as set out in the writ of mandamus. Soon thereafter, June 12, 1879, the Court ordered Mr. Creech to call a mass meeting of the citizens of the county, to assemble at Troy on Monday, June 23, following, to consider the subject of compromising the railroad bonds. The meeting was held accordingly and the following resolution was adopted:

"Resolved, That it is the wish of this convention that the county court and the attorneys thereof, Henry A. Cunningham and Josiah Creech, act as commissioners to confer with the bondholders, and submit to them a proposition for a compromise on a basis of one-half their claims on all bonds held by innocent parties; said proposition to be for the period of from date."

This proposition, on being presented to the bondholders, wTas rejected. On the 6th of September following the cases of Henry C. McPike, Joseph M. Douglass and Vespasian Warner against the county of Lincoln having been appealed to the supreme court of the United States, the court ordered that warrants on the county treasury be issued to Elisha Foote, John W. Ritnour and E. K. Thornton, respectively, for the amount of their judgments, interest and costs, up to that date; their cases not having been appealed. Other suits were brought by the bondholders, and judgments rendered in their favor. In the cases appealed to the supreme court of the United States, the judgments of the lower court were confirmed; and on the 12th of June, 1882, Morrison R. Waite, chief justice of the supreme court of the United States, issued writs of mandamus on the county court ordering the judges thereof to issue and cause to be delivered to each of the relators, Henry C. McPike, Joseph M. Douglass and Vespasian Warner, a warrant on the county treasurer to forthwith pay the amount of their judgments, interest and costs. And in case there was not enough funds available for that purpose, to levy and cause to be collected, at the same time State and county taxes were collected, a special tax sufficient to pay all balances remaining due.

On the 19th day of August, following, the court, in obedience to the foregoing writs, issued warrants on the county treasurer in favor of the judgment creditors for the amounts due them respectively. The amount of money then in the treasury, available for the purpose, was paid to them in proportion to the amount of their respective claims, and for the balances remaining due, and for other claims of the bondholders which the county might be compelled to pay, a special tax of one per cent was levied upon all of the taxable property thereof. Another case brought by Frederick Kniderkoper, of Pennsylvania, one of the bondholders, was appealed to the supreme court of the United States, where judgment in his favor was confirmed, a writ of mandamus issued, and compliance therewith made by the county court.

Refunding The Bonds

At the February term, 1883, the county court, upon a petition signed by 106 taxpayers of the county, ordered that the proposition of the bondholders, made by their attorney, John H. Overall, to compromise and fund all judgments and bonds in litigation at 85 cents on the dollar, and all bonds not in litigation at 75 cents on the dollar, be submitted to the qualified voters of the county at a special election to be held on Tuesday, April 24, 1883, at the usual voting places. According to the proposition, the refunding bonds were to run twenty years from date, but to be payable at the option of the county at any time after annum. There were then §1255, ()()() of the old 10 per cent bonds outstanding, and the accrued interest thereon was about $190,- 0(H), making a total of the bonded indebtedness of about $445,- 000. The election was held as ordered, and when the returns were canvassed it was found that 1,120 votes had been cast in favor of the proposition to compromise and fund the old debt with new bonds, and 819 votes against it. Accordingly, on the first day of May, 1883, the court, for the purpose of carrying out the agreement and proposition to compromise, ordered that there be issued bonds of said county of Lincoln in the sum and to the amount of $365,000, which bonds should be issued in denominations as follows: that is to say, 300 of said bonds to be of the denomination of $1,000 each, and to be numbered from 1 to 300 inclusive; 105 of said bonds to be of the denomination of $500 each, and to be numbered from 1 to 105 inclusive ; and 125 of said bonds to be of the denomination of $100 each, and to be numbered from 1 to 125 inclusive; that said funding bonds and coupons thereon be issued as aforesaid and bear date May 1, 1883, in accordance with said proposition to fund and compromise, and be made payable to bearer, and to be payable twenty years from the said May 1, 1883, and bear interest from date at the rate of 6 per cent per annum, payable on the first day of February of each year, with negotiable interest coupons thereto annexed and attached, and that said bonds and interest coupons be made payable to the bearer thereof, at the Third National Bank of St. Louis, Mo. The bonds were to be signed and executed by the presiding judge of the court, and attested by the signature of the clerk thereof, and the seal of the court. They were ordered also to be made redeemable at the pleasure of the court, after five years from date of their issue. G. G. Wilson and Japtha Wells were appointed financial agents of the county to carry out the provisions of the foregoing order and compromise.

At the same term of court Messrs. Wilson and Wells reported that they had issued and paid out new funding bonds to the amount of $286,619.17, on judgments and old bonds taken up to the amount of $339,167.15, whereby the county was saved by reason of the compromise the sum of $52,547.98. On the 17th of August following the agents reported that they had refunded the sum of $41,395.67 of old bonds for $31,003.73, and thus saved the county the further sum of $10,391.94:. Other outstanding bonds of the original issue were subsequently refunded, and further sums saved to the county. On March 4, 1884, the Court ordered that the 3,000 shares of the capital stock held by the county in the St. Louis & Keokuk Railroad should be sold to the highest bidder for cash at public auction at the door of the courthouse in Troy on Monday, April 7, 1884. The stock was offered accordingly and bid in by the county for $225, as per sheriff's report dated April 11, following. The county still holds the stock. On the 19th day of February, 1887, the Court, upon examination, found that refunding 6 per cent bonds to the amount of $365,000 had been issued and registered in the office of the auditor of State, and had all been put in circulation in refunding old bonds, and that the amount was not sufficient to refund all, and thereupon ordered W. A. Woodson, agent, to forthwith register in the State auditor's office additional bonds to the amount of $10,000, being Nos. 106 to 125, inclusive, of the denomination of $500 each, in order to compromise and refund the remaining outstanding 10 per cent bonds, which amounted to $7,000, thus making the total of the 6 per cent, bonds issued amount to $372,000.

Subsequently, efforts were made to refund the bonds at 5 per cent interest, and the following entries and orders of the county court, made and spread upon its record, on the 15th day of May, 1888, will show with what result:

"Whereas, The outstanding funding bonds of this county, bearing 6 per cent interest, are now by the terms of said bonds and the orders of the court, subject to call and payment, and

" Whereas, Lincoln County has heretofore compromised and refunded its bonds and indebtedness under an act of the General Assembly of the State of Missouri, entitled ' An act entitled an act to enable counties, cities, townships and towns to fund all or any part of their bonded debt and unpaid subscriptions to the capital Btookof any railroad company, after lirst submitting the same to a vote of the qualified voters thereof, and to create a sinking fund for the payment <>f such funded indebtedness, and repealing certain acts, approved March l_!7, 1 s 7 r> , April L2, L877, and April 14, 1^*7, and all other acts and parts of acts Lnconsistent with this act.' Approved May It), L879.

"iVoto, Therefore^ For the purpose of refunding three hundred and twenty-five thousand dollars of said bonded indebtedness, under and by virtue of the provisions of an act of the General Assembly of the State of Missouri entitled 'An act to provide for the funding of county and township bonds," approved March 30, 1887, it is nowhere ordered by the court that bonds be issued by Lincoln County to the amount of three hundred and twentyfive thousand ($325,000) dollars, to be designated Lincoln County Funding Bonds, and to be dated May 15, A. D. 1888, and made payable twenty years after June 1, A. D. 1888. One hundred and twenty-five thousand dollars of said bonds shall be redeemable at the option of said Lincoln County, on the first day of February, in any year after five years from the date thereof, and one hundred thousand dollars of said bonds shall be redeemable at the option of said Lincoln County on the first day of February, in any year after ten years from the date thereof, and one hundred thousand dollars of said bonds shall be redeemable at the option of said Lincoln County, on the first day of February in any year after fifteen years from the date thereof; notice, however, of the intention of said county to redeem any of the said bonds shall be given by publishing for at least four weeks prior to the day set for redemption, in some weekly newspaper of general circulation, published in the city of New York, a call for any of said bonds wdiich the said county intends to redeem; said call shall state the place of payment, the serial numbers of the bonds called and the day of payment, and that after said mentioned day the interest thereon shall cease. Said funding bonds shall bear interest at the rate of 5 per cent per annum, payable on the first day of February in each year, with negotiable interest coupons thereto attached. Both the principal and interest thereof shall be payable in lawful money of the United States, at the National Bank of Commerce, in the city and State of New York, and shall be signed and executed in the name and on behalf of said county, by the presiding justice of this court, attested by the signature of its clerk and under the seal thereof.

u The said coupons annexed to said bonds shall be signed by said presiding justice and said clerk, by having their respective names engraved thereon, which said signatures so engraved shall have the same force and effect, and be as binding on said county as though the same were written by them. A copy of this order shall be printed on the backs of said funding bonds, and shall be referred to in the bodies of said bonds, and shall be considered a part thereof. Said funding bonds shall be issued in the denomination of $1,000 each, shall be numbered from 100 to 325, and all of said bonds and coupons shall be made payable to the bearer thereof, and shall be registered as provided by law and have the certificate thereof duly appearing on each.

" And it is further ordered by this court that Lincoln County hereby contracts and binds itself to the holders of said Lincoln County funding bonds to be issued as aforesaid, that it, through its county court, shall and will provide a sinking fund in the express manner provided by law for the gradual retirement of all said bonds, by levying in and after the year 1888 an annual tax sufficient therefor on all the taxable property in said county, which fund shall be used for the purpose of said funding bonds, and for no other purpose whatever.

" And it is further ordered by this court that Lincoln County binds itself to levy and collect, in the express manner now provided by law, in and after the year 1888, a sufficient amount on each dollar of the taxable property in said county to pay the interest upon all the bonds issued as aforesaid."

In accordance with the foregoing order, the refunding bonds to the amount of $325,000 have been issued. In addition to this, there remains outstanding of the 6 per cent bonds issued May 1, 1883, the sum of $35,300, thus making the total bonded indebtedness of the county in July, 1888, the sum total of $360,300. The bonds of the $35,300 are payable on call, and for that reason were not refunded. They could not be refunded at five per cent and be made payable in less than five years, so to enable the county to call and pay a portion of them annualh^

On the 19th day of January, 1875, Hon. R. H. Norton presented to the court a petition, signed by 8. K. Wool folk, William Frazier and thirty-eight other citizens of Bedford Township, praying for a special election to be held for the purpose of ascertaining whether or not the qualified voters of the township were willing to subscribe the sum of $55,000 to the capital stock of the St. Louis & Keokuk Railroad Company, provided that the company complete their road from the St. Louis, Kansas City & Northwestern Railroad to Troy, Mo., so as to give continuous connection by rail to St. Louis, on or before October 1, 1875, and that the principal machine and repair shops of the road be located and built within eighty rods of the station grounds at Troy, and that one building of said shops be erected on or before the time last mentioned. In compliance with the foregoing, the Court ordered that an election be held at Bedford Township at the courthouse in Troy, on Saturday, February 20, 1875, for the purpose of submitting and deciding the question set forth in the petition. The election was held accordingly, and on the 9th of March following, the returns were canvassed, and it was found that of the whole number of votes cast (558), 373 were in favor of the proposition to subscribe the stock mentioned in the petition, and 185 against it. Thereupon the Court appointed Walton Perkins agent for the Township of Bedford, and ordered that 110 bonds, of $500 each, be signed and issued by the president and clerk of the court, dated March 9, 1875, and to be due and payable October 1, 1885; the interest coupons to be paid at the office of the county treasurer on the first day of April and October of each year, the interest not to commence until October 1, 1875. The bonds for the full amount of $55,000 were prepared accordingly, but in consequence of the failure of the railroad company to accept the subscription on the terms offered, they were, on the 9th day of August following, destroyed by fire in the presence of the Court, clerk, sheriff, agent and others. Had this project succeeded, it would have been a good thing for

Clarksville & Western Railroad

On the 8th day of May, 1871, F. G. Gilmer and twenty-eight other citizens of Hurricane Township filed a petition with the county court setting forth that they desired, as a township, to subscribe $75,000 to the capital stock of the Clarksville & Western Railroad Company, on certain conditions set out in the petition, and that only 5 per cent of the stock subscribed should be paid until after the proposed railroad should be completed from Louisiana, in Pike County, to St. Charles, in St. Charles County. Thereupon the Court ordered that an election should be held in said township at the office of Dr. J. W. Welch, in the town of New Hope, on Tuesday May 23, 1871, for the purpose of submitting the question of subscribing the amount of stock as prayed for in the petition to the qualified voters thereof. The same day Jonathan W. Crume and thirty -one other citizens of Monroe Township presented a petition to the county court setting forth that they desired that township to subscribe the sum of $50,000 to the capital stock of the same railroad company on like conditions as set forth in the petition from Hurricane Township. Thereupon the Court ordered that an election should be held in said township at the house of Dr. Talbott, in Chantilla, on Tuesday, May 23, 1871, for the purpose of submitting the question of subscribing such stock to the qualified electors thereof.

Accordingly, these elections were held, and upon canvassing the votes, it was found that in Hurricane Township 140 votes were cast in favor of, and 166 against subscribing the proposed $75,000 to the capital stock of the railroad company, and that in Monroe Township 31 votes were cast in favor of, and 206 against making the proposed subscription of $50,000.

Afterward, at a special term of the county court, held June 14, 1871, John C. Downing and F. G. Gilmer presented the petition of 336 citizens of Hurricane Township, containing the same prayer as that of the one presented to the court on the 8th day of May preceding. Upon this petition the Court ordered another election to be held for the same purpose as aforesaid, at the office of Dr. J. W. Welch, in the town of New Hope, on Thursday, June 29, 1871. This election was also held, and upon counting the votes it was found that 181 electors voted for the subscription, and only 79 against it. This proposed railroad was never built, and consequently no bonds were issued, and Hurricane Township was thus fortunately saved from the great burden that a majority of the voters proposed to place upon her.