Linn County, Missouri - Chapter 7: Intended As a Temple of Justice - the New Coubt, 1882

House

That Miserable Structure, the ''Log"' Court-house - Pride Takes Adratice Steps - $4,000 to Assert the New Dif/niti/ Assumed hi/ the People - Order for the Building of a New Temple of Justice - Bridges - licceipts and Expenditwes - Change of Court-house Superintendents - First Public Administrator - Town and Counti/ - Court-House Finished, October 16, 1848 - Good Showing - Paging Back Borrowed Money, and the Interest Exceeds the Principal - Railroad Ferer - Donation of $200 for the H. <f- S. J. Survey - The First Primary - The New Jail - Another Donation to the H. d- S. J., $500, and Right of Way Granted, Subscription, etc. - Several Items - Baker Township - Enterprise Township - 1858 and 1800.

New Court-House

The county seemed to be progressing in a general way, and a disposition began to exhibit itself to look with contempt npon the building known as the "temporary court-house.'" This feeling seemed to grow and expand to sncli a degree as to call for the action of the County Court. A new courthouse was the prevailing cry, and at last the court felt the pressure and came to the rescue of the citizens of Linneus by issuing the following order:

" It is ordered by the court that Tliomas Barbee be, and he is hereby appointed to prepare and submit to this court, at the next regular term thereof a plan for the building of a court-house to be in the town of Linneus, the dimensions thereof and the materials of which it is to be built, with an estimate of the cost thereof, and that the sheriff notify him of his appointment."

This order was made of record March 4, 1846, and at the same time another order was made to the effect that a commission " make out a true statement, as near as they can, of all moneys due from the town-lot fund, and the condition of all lots in said town of Linneus belonging to the county of Linn." There had been several sales, and several orders countermanding sales, and some had paid, others not, leaving the town of Linneus in a i-ather mixed condition as regarded her real estate affairs with the county. With this condition of affairs the above order was to deal. Tlie commissioners made their report through Charles A. Fore, county commissioner for the town of Linneus, June 29, 1846, and the same was filed.

An appropriation was made July 1, 1846, of $4,000, for the building of a new court-house in the town of Linneus, Linn county, Missouri, as the order reads, and the same was to be built on the center of the public square in said town. William Sanders, Hiram E. Hurlbut, and Daniel Grace, were to superintend its construction.

After the election, which came off in August, a new County Court appeared and at their session September 2, 1846, they made an order relieving Hiram E. Hurlbut and Daniel Grace from acting as commissioner. There was nothing said about William Sanders being discharged, but he was appointed bridge commissioner to superintend the construction of a bridge across Long Branch on the State road to Macon county, and one also across Big Muddy Creek on the State road leading to Brunswick. Repairs of the Locust Creek bridge and across East Yellow Creek were ordered made and fifty dollars was appropriated. William Sanders was to look after these repairs also.

William Sanders, the remaining court-house commissioner, reported a plan and specifications for the new court-house, which were approved and placed on tile. The court then issued, May 14, 1847, the following order, which is found on page 203 of record book B, County Court records:

"It is ordered by the court here, that whereas the sum of four thousand dollars has been appropriated by this court for the purpose of building a conrt-honse in the town of Linneus in said county of Linn, according to a plan submitted to and approved by this court, to be paid out of the townlot fund of said county; and whereas, also, William Sanders was appointed by this court a superintendent of public buildings for said county for the purpose of building said court-house aforesaid; now, therefore, whenever said superintendent shall report to this court that one-third of the necessary work in and about said house is completed according to the plans in pursuance of any contract by him entered into according to law for the erection of said court-house, with any person as the undertaker thereof, a warrant shall issue u]H>n the county treasurer in favor of said undertaker, on the townlot fund of said county appropriated for the erection of said court-house, for the one-third part of the whole sum that may have been agreed upon between said superintendent and said undertaker, as the price to be paid by the county for erecting: said court-house, and so on when he the said superintendent shall report that one other third part of said work is completed, another warrant to issue in like manner, and when the said superintendent shall report to this court, according to law, that said work is completed according to the terms of any contract that he may have entered into according to law as aforesaid, a warrant shall issue in like manner for the remaining third part, as to make the whole sum payable in three equal installments."

The County Court ordered the last sale of lots of the town of Linneus on the lirst Monday in May, 1847, to continue from day to day until all were sold. The town lots of the county had been a sort of elephant on their hands and they proposed to get rid of it. The lots sold brought the sum of $1,504.45 on the od and 4th days of May, and in August $98.25 more was sold.

The tax levy of May 31, for 1847, was somewhat in advance of previous years, being double the State tax and an addition of one half of one per cent for court-house purposes. This gave the county a revenue of $1,464.71 and to the credit of the court-house fund $742.86. This last amount with the Linneus town lot fund was supposed would equal the demands for courthouse purposes.

The contractor to build the court-house was Joseph L. Nelson, a resident of Gallatin, Daviess county, and the builder of the court-house in that county. He was loaned by the County Court $800 to prosecute the work. Lot number one, block number twenty-four, in the town of Linneus, wa& reserved by the county for building a jail on.

Joseph L. Nelson came before the County Court and complained of injustice done him by the commissioner, William Sanders, and the court set the case for the 8th day of December, 1847. It came up for hearing on the day named, and the judges decided that "the court can conceive of nothing from the evidence that the commissioner, William Sanders, has violated doing his duty as commissioner of said court-house." Record book B, folio 236.

During the building of the court-house the county and circuit clerks rented a room of George W. Smith, and as he wanted rent money the following quaint order appeared of record:

"That George W. Smith be allowed the sum of fifty dollars for the rent of the present clerk's office * * * and it is further ordered that he, said Smith, have a credit of twenty-five dollars on any note the county of Linn holds vs. him, and on the first day of February, 1848, be allowed a credit of fifty dollars on same or any other note the said county of Linn holds, vs. liim, being in full for the rent of said ofiice for the years 1847 and 1848."

Mr. William Sanders having resigned his ofiice of superintendent of the court-house building, Augustus W. Flournoy was appointed his successor. This occurred on February 12th, 1848.

The first public administrator appointed for Linn countj^ was Mr. Charles Boardman, which appointment was also made on the twelfth of February, 1848.

Having disposed of all the lots in the town of Linneus in the original plat, and the court-house requring funds, the commissioner for the county seat, Charles A. Fore, was ordered to lay ofi" the residue of the town tract, and make a plat and have it attached to the original plat, and this was done. This was February 12, 184S. Tlie foundation having been laid and the brick work under way, a committee of arbitration was appointed to examine the material and the workmanship. Owen Rawlings, Samuel S. Swope, and G. Walker were appointed, and their report was received and confirmed by the County Court. This resulted in an order to to the treasurer, dated March 7, 1848, to pay Joseph L. Nelson, $1,130, to apply on his contract.

May 2, 1848, the superintendent reported to the County Court that twothirds of the work on the court-house had been completed, and that the material was good, and the work well done. On June 5th the contractor received a warrant for $1,330 more. The commissioner, after platting the

Finished

On October IHth, 184S, the commissioner for the superintending of the building of the new court-house, August W. Flournoj, made a report to the County Court, to the effect that the court-house was finished according to contract in a good and workmanlike manner, and of as good material as could conveniently be got, and recommended that the same be received. The court accepted the report, and ordered a warrant to be issued to Joseph L. Nelson for ^1,330, balance due him under the contract. The total cost of the building was $3,894.85, including some slight alterations made in the contract. That court-house stands at this day, but is condemned as being in an unsafe condition for use, and the county offices are found in the second story of the l)rick block across from the southwest corner of the square. The two tirst to take possession of the new court-house were the county and circuit clerks, as per order of the court, and the two rooms occupied were the two south rooms up stairs.

Good Showing

The county clerk's statement of receipts and expenditures of the county for the year 1848 showed an excess, including balance on hand reported 184T, of $595.61. The county had borrowed, February 8, 1842, $282.34, of congressional township school fund belonging to township fifty-seven, range twenty-one; and the interest on the same to June 6, 1849, amounting to $286.11, being a trifie more than the principal. The whole sum - $568.48 - was ordered paid, which closed up that much of the indebtedness of the county. The county yet owes the road and canal fund $900, borrowed to make payment on the new court-house.

The court made an order at the August term, 1849, that no larger sum than $100 should be loaned to any one person out of the road and canal fund. Two and three hundred dollar loans had been made, and there wasn't monev enough left to cro round.

The first official movement in railway matters in Linn county appears to have been the following order of the court, which was of date October 10, 1849. It reads:

" It is ordered by the court here that there be $200 appropriated out of the internal improvement fund of this county, for the purpose of surveying the tract for the Hannibal & St. Joseph Railroad, subject to the order of the president of the board of commissioners of said road."

With the order came the opening of the railroad question, and the people gradually waked uj) to the importance of rapid transportation and cheap freighting facilities. The question continued to be agitated for a number of years, for it was nearly ten years after that order was placed upon record that the iron horse made its daily passage through the territory of Linn county, but when it did come its advent was hailed with rejoicing.

In the report of all the lots sold in Linneus, and to whom, it was shown that Meredith Brown became the first purchaser, having bought lot one, in block one. The price was not given.

The First Primary

On the third day of December, 1849, Thompson K. Neal resigned the office of assessor of Linn county. It was necessary to have the office filled early the coming year, but judging from the action of the County Court, which met December 17, 1849, there were more candidates than offices, and to get over the difficulty the first primary election to decide the question was ordered to be held on the fourth Saturday in January, 1850. This wa& probably the first primary election held in the State, and it is probably the only one ever held by authority outside of the political parties of the times. This primary was carried out upon the following order of the County Court, neither the Whigs nor Democrats of the county having anything to do with it. In fact it was the first people's party of record. The order reads as follows:

" It is ordered by the court that the legal voters in and for Linn county may meet on the fourth Saturday in January next, 1850, at the several election precincts in said county, for the purpose of electing an assessor to assess Linn connty for 1850, and that the court will appoint the person having the highest number of votes."

" It is ordered by the court here that the sum of thirty cents be allowed Daniel Shattock for house rent, and that the clerk of this court draw his warrant on the treasurer for the same, to be paid out of the county fund."

The county clerk in his annual report of receipts and expenditures for 1849, reported an excess of receipts of $73.19, and a total in the county treasury of $665.80.

The first jail was ordered built in March, 1851, and the sum of eleven hundred dollars was appropriated for the purpose. It was to be a double wall of brick and logs sheeted with iron, located on lot six in block twentytwo. Hiram E. Ilurlbut was appointed as a building committee of one to look after its construction, and to see that it would be proof again&t the 'Mnost accouiplislied unfortunate" to regain his liberty on being confined therein without some help.

The first settlement between Sullivan and Linn counties for revenues collected wliile the former was attached to Linn county was made, and the amount decided upon by the commissioners was $156. 55|^, and the same was ordered paid to Sullivan county by the County Court.

Beverly Neece was appointed swamp land commissioner for selecting the land for Linn county, the eighth of July, 1851. The lands to be sold after selection at public outcry to the highest bidder.

After nearly eleven years of service as treasurer of Linn county, David Prewitt was removed under the following order of the County Court, dated July 8, 1851; to-wit,

" It is ordered by the court here that the treasurer's office of Linn county now filled by David Prewitt be vacated for neglect of duty as treasurer, and that said Prewitt make a settlement and deliver all the books, papers, and money belonging to said office at the next term of said court^ and that the sheriff notify him of the same."

Edward Hoyle was appointed treasurer and his bond approved, and he took possession of the office October 6, 1851, and on December 2d, David Prewitt and his securities were discharged from all liabilities and his bond given up.

April 14, 1851, five hundred dollars was appropriated toward locating the Hannibal 6c St. Joseph Ilailroad through Linn county, and also an election was ordered to take place the third Saturday in May to say how much subscription to stock of said road the county would subscribe for. The election probably carried, for on the meeting of the County Court in September, 1851, the agent of the railroad company was on hand asking the court to make a subscription to the stock of said road. This application received the following indorsement; to-wit,

" On motion of Colonel Robert M. Stewart, (there were colonels in those days,) agent for the Hannibal & St. Joseph liailroad Compan}', it is ordered by the court here that the county of Linn take two hundred and fifty shares in the stock of the Hannibal & St. Joseph Railroad, at the sum of $100 per share (S25,000), and that the court reserves to their)selves the power to pay over the installments as they may be called for by said company on said stock, either by payment in cash, or by issuing her bonds as the sura may be required; and also, if the bonds which may hereafter be issued by the county for the purposes aforesa d shall be disposed of by said company at a discount, the said count}' is to bear no loss on account thereof. Said bonds to bear interest at the rate of six per cent per annum, payable annually."

August 1, 1854. It took something like two years and a half in building, and was reported by the commissioners August 9, 1852, as being twothirds completed at that date. J. W. Hardy was the first jailer.

The county assessor for the year 1852 was ordered in February to assess the county by municipal townships so that the road law could be enforced, and the county was made into road districts of municipal townships, coinmencins: at Parson Creek as road district No. 1.

There was very little of anything going on the next few years excepting the usual changes in office, the rule being generally observed of giving but one term to sheriffs, assessors, and commissioners, while clerks held on, apparently, while life lasted. The treasurer's ofiice, after the "old reliable" David Prewitt, who held it for eleven years, had given it up, also was subject to changes, yet in all these years Linn county had prospered. The people had not only exhibited remarkable good judgment in the selection of their public servants, but had insisted on economy in the management of county affairs. This course made taxation light, and it kept the county comparatively free from debt. If there were no very rapid progress, neither were there any serious drawbacks.

The session of the General Assembly in the winter of 1852-53 passed an act making the office of county treasurer an elective one, and all such ofiices in the counties mentioned in the act were to be declared vacant on the first Monday in August, 1853, and the voters on that day were to elect a treasurer. David Prewitt had retired, and Edward Hoyle had been appointed in his place, and he received the nomination and election that year. The act also ordered an election on the first Monday in August, 3 854, and after that year to be held every two years after. The election of 1854 made John G. Flournoy treasurer for the succeeding two years.

The legislature at the session above spoken of passed other acts of interest, and for the benefit of Linn county. One was the incorporation of the Brunswick, Linneus, and Milan Plank Road Company. The capital stock was not to exceed $300,000, and on the subscription of $2u,000 or more, the company should organize, etc. In this company Linn county had such representative men as Jacob Smith, Jeremiah Phillips, Daniel Pi'ice, Edward Hoyle, John G. Flournoy, Henry Wilkinson, Robert W. Menifee, Jacob E. Quick, Beverly Neece, and William B. Woodruff. The road was never completed.

The act establishing a Probate Court for Linn county was also the work of this legislature. While Mr. John R. Baker was granted the privilege of charging toll at his mill to the amount of one-sixth, instead of one-eighth, which the law allowed, John W. Gentry was allowed to keep one store within the county without paying license, if the said Gentry did not invest over three hundred dollars capital. The act which gave to Linn and Chariton counties the right to invest the proceeds of the sale of swamp land

<loiiated to them by the State, and subscribing to the stock of any plank road or raih-oad, was approved February 24:, 1853. The road leading from Linnens to Trenton, in Grundy county, by the way of Dye's mill and the store-house of B. F. White & Co., was declared to be a State road, and with an apjiropriation of 8500 to build a monument over the grave of Lewis F. Linn, whose name the county bears, closed the acts of that session so far as the local interests of the county were concerned.

Court-House Repairs

It was on tlie fourth day of May, 1857, that the County Court took under consideration a plan for repairing and adding to the court-house, said plan being the joint production of Jeremiah Phillips, T. T. Easley, and Jacob Smith; and the court called upon H. E. Hurlbut to give his judgment, both as to the cost and the necessity of these improvements. It resulted in an appropriation, June first, of eight hundred dollars, as an entering wedge, that seemed to meet the views of those who had proposed the work of enlargement and improvement. Mr. T. T. Easley was called upon to act as commissioner to superintend the work, and to have it done by October 1, 1857. This was not quite effected, but it was reported complete and according to contract November 2, 1857, and the sum of $805.50 was paid, an extra door being put in at a cost of $7.50, and the contract let two dollars less than the appropriation. Mr. Easley took in $44 as pay for his services in looking after the work. On February 8th, 1859, a bar was made in the court-room, which cost $70.50. In April following, repairs were made at the expense of $79.50, and in December, 1860, $34.15 more. The court then made an order, in April, 1859, that the court-house should not thereafter be rented for any purpose.

From 1845 until 1858 tiie people of Linn county had been content to have their county remain divided into seven municipal townships. The jxvtriotic fever which asserts itself by a desire to serve the people in an official way, with a good salary attached, had not existed in Linn county in a virulent form, and there had been no great desire for municipal changes. On May 3d, 1858, however, a petition was presented to the County Court to cut Baker township into two, calling the new township North Salem. Baker township at that time was something over three congressional townships in size, containing all of townships lifty-nine, range eigliteen, sixtv, range eighteen, and two-thirds of range nineteen, in both of the same congressional townships. It was twelve miles north and south, except on its western borders, and ten miles east and west, and was the northeast township of the county. The court granted the petition, as follows: others, praying for a new municipal township to be cut off of Baker township, be received and filed, that the prayer of said petition be granted, that said new township be called JS^orth Salem, and that it be bounded as follows; to-wit, commencing at the northeast corner of Linn co\inty, thence west on the county line to the northwest corner of section three,"'^ in township sixty, of range nineteen; thence south along the section line to the southwest corner of section thirty-four, in said township and range; thence east along the township line between townships fifty-nine and sixty, to the county line between Linn and Macon counties; thence north along said county line to the place of beginning. And it is further ordered that precinct elections be held at North Salem, in said township." The first election was held in the following August, and the judges were T. G. Childress^ William Putman, and John B. Baker.

The report of the sale of swamp lands by the sheriff, was filed May 6^ 1856. How much was sold and how many acres were left is undoubtedly stated in the report, and the amount of the sale, but it is not otherwise of record. The sheriff was ordered to dispose of the remainder at private sale at not less than $1.25 per acre.

There had been a belief that it would be cheaper and result in greater accuracy, and that the property of the county could be better brought out if more assessors were given the work. This matter culminated in an act of the legislature requiring the County Courts to divide the counties into four assessors' districts, and the trial was made in the years 1858 and 1859. The cost of assessing the county in 1857, the year previous, was $272.90. The year 1858, under the four assessors' act, the cost was $327.51, and in 1859, $330.57. This, taking the natural gain in wealth, and probably a much closer assessment, shows no greater expense than by single assessors, while it is evident that a greater aggregate of wealth came under the new order of things for taxation.

Originally, Linn county included all the territory south of the township line between fifty-six and fifty-seven of ranges twentj^-one and twenty-two, to Grand River, in the forks made by Locust Creek, the channel of Grand River from the mouth of Locust Creek being the Linn and Livingston county line to the middle of range line twenty-two dividing range twentytwo equally, and where the same line crosses Grand River. This was changed by an act of the legislature approved January 10, 1855, which made the south line of Linn to follow the township line dividing fifty-six and fifty-seven instead of following Locust Creek to its mouth and then northwest, keeping in the channel of Grand River. This act, however, reserved to Liftn county the swamp land within this territory, (the strip being-

*0\^ing to a bend in the congressional township line between townships sixty and sixty-one, there is no section three, the line bearing south at that point, one and a half miles, and the northwest corner of the township is on section one, township sixty, range nineteen.

added to Livincrston county.) with the right to sell the same and retain the money. This change gives iive miles of Linn county's southern line bounded by Livingston county.

The alleys of the old town of Linneus were petitioned to be vacated, and the county so ordered, giving the property owners adjoining the alleys tiie first right to a purchase at the assessed valuation. Mr. Charles A. Fore was ordered to value these alleys, and he returned a report that they were worth $420. A sale was made, $290 worth was disposed of, and afterward a few more at private sale, but the return of the entire sale was not found of record.

The iirst publication in a newspaper of the receipts and expenditures ot the county was made June 6, 1859. The order read that they be published in the Linneus Democratic Bulletin.

The poor-farm seemed to be a failure in its management, or perhaps it should be said, the cost of its management, and the county ordered it to be sold for $2,000. This was February 8, 1860. The county went back to the old plan for a few years, letting out the keeping of the paupers to the lowest and best bidders; yet all this time Linn county grew and prospered.

It was something over two years since the last township was organized, and a petition was presented to the County Court, August 13, 1860, for a new townshi]) to be called "Enterprise"; and the same was approved and the metes and bounds of Enterprise township were defined as follows and placed npon the record. It reads:

'* It is ordered by the court here, that the petition of A. D. Christy and others, praying for a new township to be taken off of Benton township, be received and filed and the prayer of the petitioners be granted, and that there be a new township, called Enterprise, cut off of Benton township and bounded as follows: Beginning at the northwest corner of section four (4) in township sixty, of range nineteen; thence running west along the county line to the middle of section ten, township sixty, of range twenty; thence south to the center of the north line of section fifteen, in township fiftynine, of range twenty; thence east to the northwest corner of section sixteen, in township fifty-nine, of range nineteen; thence north to the place of beginning. And that the clerk of this court transmit a certified copy of this order to the Secretary of State."

The first election in this township was held in i!^ovember, 1860, the general election of that year, and the first justices of the peace were elected at that time.