Linn County, Missouri - Chapter 10, 1912

The Brunsicick, Linneiis and Milan Plank Road - First Publication of Receipts and Expenditures - County Court Decides War Tax Levy Unconstitutional - The Town of Thayer Vacated - Some New ToivnshipS' - New County Jail - Linn County Agricultural and Mechanical Society - Common Pleas Court - Fight Over County Printing - Awarded to Paper that Paid One Dollar for It - Attempt to Remove County Seat Defeated.

William Sanders, who has been referred to before in connection with the courthouse, took the contract to build the county jail and completed it August 1, 1854. It required about two and one half years to complete the building. J. W. Hardy was the first jailer. The session of the general assembly, in the winter of 1852-53, passed an act making the ofBce of county treasurer an elective one. All such offices in the counties mentioned in the act were to be declared vacant on the first Monday in August, 1853_, at which time the voters were to elect a treasurer. Ed Hoyle, who had been appointed to succeed David Prewitt, was elected.

The act referred to also ordered an election on the first Monday in August, 1854, and from that time on there was to be an election every two years. At the election in 1854 John G. Flournoy was elected treasurer.

In the same session of the legislature there was an act passed to incorporate the Brunswick, Linneus and Milan plank road company. The capital stock of this early day road improvement society was not to exceed $300,000, and it provided that when any sum in excess of $20,000 should be subscribed, the company should be authorized to organize. The Linn county members of the company were Jacob Smith, Jeremiah Phillips, Samuel Price, Edward Hoyle, John G. Flournoy, Henry "Wilkinson, Robert W. Menifee, Jacob E. Quick, Beverly Neece and William B. Woodruff.

Before much headway was made with the road, railroad talk had diverted the public mind to that method of travel and the plank road had been succeeded by a SA\'ifter rival.

John W. Gentry was permitted to keep one store within the county without paying a license on stipulation that the said Gentry did not invest over $300 capital.

The act which gave to Linn and Chariton counties the right to invest the proceeds of the sale of the swamp lands donated to them by the state, and subscribing to the stock of any plank road or railroad, was approved February 24, 1853.

The road leading from Linneus to Trenton in Grundy county, by the way of Dye's mill and the storehouse of B. F. White & Co., was declared to be a state road.

The last act of that legislature that bears any particular significance for Linn county was the appropriation of $500 to build a monument over the grave of Senator Lewis F. Linn.

All along through the records is found a particular ambition to keep the county's buildings in good repair and to improve the roads and bridges. On June 1, 1857, the county court appropriated $800 to repair the court house. Later on other repairs were made from time to time as the occasion seemed to warrant. It seems that the building must have been larger than the actual demands of the officers, and that a thrifty county court had been in the habit of renting out such portions as were not needed. However, in April, 1859, an order was made that thereafter no part of the court house should be rented for any purpose.

On May 3, 1858, a petition was presented to the county court, asking that body to divide Baker township in two and to call the new township North Salem. At that time Baker was a pretty large township, being over three congressional townships in size. It was 12 miles north and south, except on its west border, and 10 miles east and west, and was the northeast township of the county.

The court granted the petition to create the new township out of Baker, and made an order that it be called North Salem, and bounded as follows: Commencing at the northeast corner of Linn county; thence west on the county line, to the northwest corner of Section 3, in Township 60, of Range 19 ; thence south along the section line to the southwest corner of Section 3-4, in said Township and Range; thence east along the township line between Townships 59 and 60, to the county line between Linn and Macon counties ; thence north along said county line to the place of beginning.

The first election in North Salem Township was held the following August. The judges chosen were T. G. Childress, William Putman and John B. Baker.

Originally, Linn county included all the territory of the township line between 56 and 57, of Banges 21 and 22, 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 Eange line 22, dividing Eange 22 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 56 and 57, instead of following Locust creek to its mouth and then northwest, keeping in the chann,el of Grand river.

This act, however, reserved to Linn county the swamp land within this territory (the strij) being added to Livingston county), with the right to sell the same and retain the money. This change gives five miles of Linn county's southern line bounded by Livingston county.

The first publication in a newspaper of the receipts and expenditures of the county was made June 6, 1859. The Linneus Democratic Bulletin was awarded the publication.

The poor farm which the county court had purchased for the care of paupers, seems to have been a failure in the early days, because the county court ordered it sold on February 8, 1860, and went back to the old plan of letting out the keeping of the poor to the lowest and best bidders. At this writing (1912), Linn county has an institution for the care of its poor which is one of the best of its class in the state. A description of it will be found elsewhere in this history.

A petition for a new township to be called "Enterprise," was presented to the county court August 13, 1860. The petition was granted and the court ordered the bounds of the new township, which was to be cut off from Benton Township, to be as follows:

"Beginning at the northwest corner of Section 4, Township 60, Range 19; thence running west along the county line to the middle of Section 10, Township 60, Range 20; thence south to the center of the north line of Section 15. Township 59, Range 20; thence east to the northwest corner of Section 16, Township 59, Range 19; thence north to the place of beginning. ' '

The year 1861 found the country on the verge of a civil war. In August of that year an order came for the county court to levy a tax to aid in the prosecution of the war. The county court took the responsibility of refusing to make this levy on the following grounds :

"It is ordered by the court here that the military tax for the year 1861 be not levied, for the reason that this court is of the opinion that the law authorizing said tax to be levied is unconstitutional."

The general business of the county was much depressed during the Civil War. It was hard to make tax collections, and the delinquent list grew rapidly.

An act of the general assembly, approved March 20, 1861, vacated the town of Thayer, which was the original Missouri division point of the Hannibal & St. Joseph Eailroad. There will be found something of interest concerning this town in the railroad chapter. The removal of the division from Thayer to Brookfield obliterated Thayer and many of the present generation have never heard of that once very active railroad center.

Brookfield was made a voting precinct in Jefferson township, February 6, 1865; was incorporated as a town October 10, 1866. The township of Brookfield was organized July 2 of the same year.

In 1865 the first bridge tax was levied, the amount being 20 cents on the $100 valuation. Up until this time the county had got along with the road and canal fund, but the increased population and the urgent demand for bridges necessitated a tax levy to build them. Considerable repairing was done on the court house in 1866. The cupola was constructed at a cost of $1,000, and some other work done. The total cost of improvements and additions made since the court house was first built amounted to $8,456.20, something over twice the original cost of construction.

In the old court house, previous to the November term, 1866, the county judges had been content to serve for $2 per day per man. With the improved appearance of the county's official home, the judges felt justified in giving themselves a modest raise. At the May term, 1866, they fixed the price per day for county judges at $4.66|. As that was a little awkward to figure out the per diem was raised at the August term to $5.

out of Parson Creek and Jackson townships, which had covered all the territory west of Locust creek. The order for Clay township 's organization was made January 5, 1869, and the boundaries of the new township described as follows:

' ' Commencing in the southwest corner of Section 15 and the northwest corner of Section 22, Township 59, Range 22, at the Livingston county line, running east with said line between 15 and 22 to the center of the channel of Locust creek; thence south meandering the channel of said stream to where it crosses the section line between 22 and 27, Township 58, Range 21 ; thence west following said section line to the Livingston county line at the southwest corner of Section 22, Township 58, Range 22 ; thence north with tlie county line to the place of beginning.

Strawberry School House was designated as the voting precinct in Clay township. The judges of the election were John Branson, James A. Neal and William Parr.

" It is ordered by the court here that the petition of Sampson Wyatt and others of Yellow Creek township, praying for a division of the municiijal township, as aforesaid, by a subdivision line running north and south through said township, to be called Bucklin and that the prayer of said petitioners be received and granted."

"Commencing at the soi;theast corner of Section 32, Township 57, Range 18, running east on the county line between Chariton and Linn county to the southeast corner of Section 36, Township 57, Range 18 ; thence north on the county line to the northwest corner of Section 1, Township 58, Range 18 ; thence west to the northwest corner of Section 5, Township 58, Range 18; thence south to the place of beginning."

Grantsville township was organized February 20, 1870, and the voting precinct established in the village of Grantsville. The boundary of the township was somewhat changed from the original organization, west Yellow Creek being then its eastern boundary, which is now on a section line, for three miles, thence east one half mile; thence north until it strikes the creek ; then continuing up Yellow creek to the north boundary line. Two miles of its west boundary, commencing at the

At the same time Enterprise township was enlarged by taking in the two sections that belonged to Baker, on its eastern boundary, and which run like an arm to the Sullivan county line between the townships of Enterprise and North Salem. This gives Enterprise the size of a Congressional township, less the dropping of the township line between 60 and 61.

AVith the organization of Grantsville, the municipal township organization of Linn county was complete, and but few material changes in the township lines have since occurred.

Baker and North Salem townships voted $25,000 each to the same road October 19, 1871. The same day that Brookfield made its subscription to the railroad it was enlarged to take in all that remained of Sections 5, 7 and 8.

The vote for township organization was : In favor of the proposition, 1,627, against it 22. One board of supervisors only was elected under its provisions, holding until a change was made dividing the county into four judicial districts, in 1874. The board of supervisors received $2 per day for services actually rendered, and the new county court of five judges were allowed $.3 per day.

It was decided to build a new county jail in 1869. B. F. Northcott was appointed on April 6th to estimate the cost of the new building, and was authorized to sell the old jail and the ground upon which it stood, and to purchase lots for the new building, more convenient to the court house. Lots 1, 2 and 3, Block One, of Smith's Addition, were selected. They were purchased in October for $150. A tax was then levied to build the jail, but it was not until November following that the county court made an order appropriating $10,000 for that purpose. The order specified that Charles A. Fore should superintend the erection of the building. The superintendent was not satisfied with the ground selected, and as he was authorized by the county court to select other property for jail purposes he did so. Mr. Fore chose Lot 5, Block 22, and his selection was approved by the county court. The court ordered that the treasurer pay A. W. Mullins, grantor, $250 for the lot. The jail building was completed in 1871 and was approved by the court on September 18. The total cost, as shown by the superintendent's report, was $8,680.26. Including the amount allowed the superintendent, the costs ran up to about $9,000.

The Linn County Agricultural and Mechanical Society was organized on February 8, 1870. Its purpose was to promote improvements in agriculture, manufacturing and the raising of stock. In August the county court appropriated $150 to aid the society in holding the county fair, and a like sum was appropriated in August of the following year. In September, 1872, the court gave the society another $150.

The Common Pleas Court was established in 1867, and at the end of four years its jurisdiction was enlarged by an amendment passed at the session of the general assembly, approved March 20, 1871, giving it "exclusive and original jurisdiction of all misdemeanors arising under the laws of this state, committed in Linn county. ' ' It was provided that the judge of the Common Pleas Court could not practice law in the county. His salary was $600 per year. This court was finally abolished January 1, 1881.

The Linneus Bulletin and the Brookfield Gazette were the two papers of Linn county in 1875. Both were anxious to secure the county printing that year and to be known as the official organ of the county. The Bulletin, being published at the county seat, was closer in touch with the work and the official printing was finally awarded to that paper. The Brookfield Gazette, with an energy which has always characterized it, made a bid for the county printing in 1875, and the Bulletin strove hard to retain it. The county court finally awarded the contract to the Bulletin for one year at 50 cents per square. At the November term the Gazette made the startling proposition to do the county printing for nothing. The county court obligingly revoked its order giving the work to the Bidletin and decided that the Gazette's bid was the best and cheapest. But the Bulletin wasn't through. It had just one more card to play, and it was a winner. At the December term of the court the Bulletin people planked down one dollar in cold, hard cash for the privilege of doing the county printing for the ensuing year. The county court pocketed the money and then looked at the Gazette people, but they shook their heads, and the honor went to the Bidletin.

James Tooey, whose name frequently figures in the development of Linn county, was appointed collector. In November, 1878, another party was elected, but the incumbent's health proved so bad that he was compelled to resign and Mr. Tooey was again tendered the office.

The first iron bridge erected in Linn county was across Locust creek, near Austin's mill. It w^as built in 1878 by the King's Iron Bridge Manufacturing Company. There are now quite a number of iron or steel bridges in the county.

The town authorities of Linneus were granted the privilege of digging two public wells, one on the northwest corner of the public square and the other on the southwest corner in July, 1879. These wells were for fire protection and the general use of the citizens.

The petition of WiUiam H. Brownlee et al., of Brookfield, for the removal of the county seat from Linneus to Brookfield was received, ordered filed and indefinitely postponed, the filing order being made June 25, 1879.

The question remained quiet for a year when it again came up, and this time was submitted to a vote of the people. The proposition was defeated by a large majority.