Ray County, Missouri - The whole text, 1881 (part 12 of 23)

Sec. 8. Any person in this city, who shall disturb, disquiet, or annoy any lawful assembly of people, by boisterous, rude, annoying or turbulent language, actions or behavior, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not exeeding ninety dollars, and costs, for every such offense, and it shall be lawful for any person to forcibly eject from any building, or place any person or persons violating this or the preceding Section.

Property

awning, lamp, lamp-post, sign, door, window-sash, window-glass, or any other kind of property not his own, or shall wilfully cut, hack, injure, bark or girdle any tree, shrub or vine, in any public or private ground or place in said city, or shall wilfully injure any public cistern or property of any fire company in said city, shall be deemed guilty of a misdemeanor.

Sec. 2. Whosoever, in said city, shall throw or place upon the house, ground, lot or premises of another (without authority so to do), any wood, stone, dirt, trash, slop offal, rubbish, or any other impediment or obstruction, shall be deemed guilty of a misdemeanor.

Sec. 3. Any person in said city who shall paste, post, tack,, glue, or fasten in any manner any notice, hand-bill, advertisement, or placard, or shall print, paint or mark any advertisement upon any building, wall, fence, gate, door, or other improvement, without having first obtained permission of the owner of such property so to do, shall be deemed guilty of a misdemeanor, and the person or persons at whose instance such notices or bills are posted or published may be dealt with the same as the person or persons actually engaged in the matter, this ordinance being intended to include either or all parties, at the option of the complainant; -provided, no person or persons shall be prosecuted under this section, except upon the complaint of the owner or person having control over such property.

Sec. 4. Whosoever shall break into or open any public cistern in said city, or draw any water therefrom, except upon proper authority, or in case of fire, shall be deemed guilty of a misdemeanor.

Sec. 5. Any prisoner while in the custody of the marshal or confined in the city prison, who shall wilfully deface, injure or destroy any portion of the city prison, shall be deemed guilty of a misdemeanor.

Sec. 6. Every person found guilty of a misdemeanor under the provisions of this ordinance shall be fined in any amount not less than one nor more than ninety dollars, with costs of suit for every such offense.

Decency

Section 1. Whoever, in this city, shall be found in a state of intoxication in any highway, thoroughfare or other public place, shall be deemed guilty of a misdemeanor.

Sec. 2. Whosoever, in this city, shall appear in a public place in a state of nudity, or in a dress not belonging to his or her sex, or in an indecent or lewd dress, or shall make any indecent exposure of his or her person, or be guilty of any indecent or lewd act or behavior, or shall exhibit, sell or offer to sell any indecent or lewd book, picture, image or other thing, or shall exhibit or perform any indecent, immoral or lewd play or other representation ; or shall permit a stud horse or jack to try or serve a mare in said city, shall be guilty of a misdemeanor.

Sec. 4. Whoever shall, in this city, set up or keep any kind of a gaming device, or thing at which any game or device shall be played for money or property, or anything representing money or property, or shall at any such device or game of chance, bet, win or lose any money or property, or anything representing money or property, or shall suffer or permit any such device at which any such game of chance is played, to be set up or used in any tenement which he owns or has under his control, shall be deemed guilty of a misdemeanor, and it shall be lawful for the city recorder, on receiving satisfactory information of any such device or thing being so set up or used, to issue his warrant to the city marshal, commanding him to destroy the said gaming implements or devices.

Sec. 5. Whoever shall, within this city, keep or maintain, or be an inmate of, or in any way connected with, or in any way contribute to the support of any bawdy house, house of ill fame, or of assignation, or place for the practice of fornication, or shall knowingly own or be proprietor of any such house, or shall lease any house to any person which he may know will be used for any such purpose, or, after being warned of such improper use of any house leased by him, shall fail forthwith to dispose of such tenants, shall be deemed guilty of a misdemeanor.

Sec. 6. It shall be lawful for the city marshal, or any policeman of the city, upon information being given of the keeping of a bawdy house, house of ill fame, or of assignation, or for the practice of fornication, to enter such house and arrest, without warrant, any and all persons found therein, and commit them to the city prison (if bail is not given), and all persons so arrested shall be tried as parties are tried for violating other ordinances of the city.

Sec. 7. Such houses as are mentioned in sections six and seven of this ordinance, are hereby declared to be public nuisances, and the marshal or police of said city may remove and abate the same in a summary manner.

Sec. 8. Whenever, in a trial before the recorder of said city, for the violation of the provisions of this ordinance, it shall be material to prove the purpose for which any house in this city is, or may be used or kept, it shall be lawful for both the city and the accused to introduce evidence touching the general character or reputation of such house.

Sec. 9. All able-bodied persons who shall be found loitering or rambling about the city of Richmond, not having wherewith to maintain themselves by some visible property, or who shall leave their wives and children without the means of sustenance, all idle and dissolute persons; all persons who shall go about begging in any part of said city, not having any regular or lawful business; all keepers and exhibitors of gaming devices, all gamblers and prostitutes, and persons who lead an idle, immoral, and profligate course of life, shall be deemed vagrants, and shall, upon conviction thereof, be fined in any amount not less than five dollars, nor more than ninety dollars, with costs, and shall be committed to labor for the use of the city, as other offenders who refuse to pay fines imposed upon them, until such fines and costs be paid.

Sec. 10. In all trials for violating any of the sections of this ordinance it shall be lawful for the city recorder to receive testimony touching the

Sec. 11. Every person found guilty of a misdemeanor, as defined by this ordinance, shall be fined (when not otherwise herein especially provided for), in any amount not less than one dollar, nor more than ninety dollars for every such offense, with costs of suit.

Court

Section 1. The city recorder of said city shall have jurisdiction of all suits and proceedings for the violation or breach of any ordinance or law of said city.

Sec. 2. All proceedings for the recovery of any fine, penalty, or forfeiture, for the violation of any ordinance of said city, may, (when not otherwise provided), be instituted, by filing with said recorder a written or printed statement of the offenses charged, signed by the informer, or city attorney, and as nearly as practicable, may be in the following form, viz :

" A. B., to the city of Richmond, debtor, for the sum of . . . dollars, for a violation of the ordinance of the city of Richmond, entitled (here insert title of ordinance), appYoved the day of .... , A. D. 18. ."

Said form may be varied or changed, as the case may require; but no suit shall be dismissed, or judgment reversed for any informality in the statement filed in any suit, if such statement shall substantially set out the offense committed, and notify the defendant of the charge he is required to answer.

Sec. 3. Such statement may include one or more persons accused of the same offense, and may include several offenses of a like nature. Upon the filing of such statement, the recorder shall enter the title of the cause upon his docket, and issue a summons or warrant, as the case may require, to the city marshal.

I "The state of Missouri, to the city marshal of the city ot Richmond, greeting: You are hereby commanded to summons A. B., to appear before the undersigned, city recorder, of the city of Richmond, on the .... day of . . . ., A. D. 18 . ., at my office in said city, to answer the complaint of the city of Richmond, for the violation of an ordinance, entitled, (here insert title of ordinance), and have you then and there this writ. Given

Said summons shall be made returnable upon any day fixed by the recorder not more than thirty days from the time of issuing such summons, and shall be served in the same manner as summonses of justices' courts, and served under the laws of the state of Missouri.

Sec 5. In all prosecutions for any violation of any city ordinance or laws of said city, the first process shall be by summons, unless the complaint be verified by the oath or affirmation of some person, in which case a warrant shall be issued in the first place .

"The state of Missouri ;o the city marshal of the city of Richmond, greeting: These are to command you to arrest A. B., and bring him forthwith before the undersigned, city recorder of the city of Richmond, at my office in said city, to answer the complaint of the city of Richmond, for the violation of an ordinance, entitled, (here insert title of ordinance), and have you then and there this writ. Given under my hand, the .... day of , A. D. 18 . . C D , City Recorder."

Such warrant shall be served by taking the defendant into custody, and bringing him forthwith before the recorder, and unless admitted to bail, said defendant shall remain in the custody of the city marshal, until discharged by the due course of law.

Sec. 7. The city marshal shall endorse on the back of each summons and warrant how the same has been executed, and return the same to the recorder on the day mentioned therein for the return thereof.

Sec 8. The city marshal may, without process, arrest all persons that may be found in said city in a state of intoxication ; all suspicious and disorderly persons whom he knows to have been guilty of violating the ordinances of said city, and take them before the recorder for examination and trial, and such arrest may be made within or without the city. Should any person so arrested be so much intoxicated as to render his or her trial improper, or should the recorder not be found, or should it be in the night time and inconvenient to try the party in custody, or should the arrest be made on Sunday, the city marshal, in all such cases, shall confine such person or persons in the city calaboose or county jail, there to remain, until released by due course of law.

Sec 9. Every person arrested and held in custody, shall be entitled to immediate trial, unless the trial be postponed for the causes enumerated in the preceding section, or good cause be shown for a continuance, or the trial be postponed from unavoidable circumstances.

Sec 10. The recorder shall not issue a summons or warrant for a party who may be arrested by the city marshal or police of said city, without warrant, for violating any citv ordinance, but the recorder shall enter upon his docket the fact of the arrest, and when and by whom made. The party so arrested may require the city attorney to file a statement as provided by ordinance, setting forth the nature of the offense with which the party in custody is charged, if such statement has not been filed, and for this purpose the recorder shall allow a reasonable length of time. It shall be the duty, however, of the city marshal and police to report forthwith to the city attorney all parties arrested, so that the cases may be prepared against them, if any there be.

tion of a city ordinance, may be admitted to bail by executing a bond to the city of Richmond, with one or more sureties, to be approved by the city marshal, in any amount to be fixed by the marshal, not less than fifty or more than ninety dollars, according to the offense charged, conditioned, that he will appear upon a day in the bond named, before the city recorder, and answer whatever charge may be made against him for which he has been arrested, and not depart the court without leave. All such bonds, after approved, shall be filed by the city marshal with the recorder before the trial of the party bailed.

Sec. 12. If the defendant shall fail to appear according to the condition of the bond, or appearing shall depart the court without leave, the recorder shall, thereupon, enter up judgment against the principal and securities in such bond for the penalty in the bond, and all costs, and shall issue execution thereon as in other cases.

Sec. 13. The recorder shall enter in his docket a memorandum of every bond filed in his'office under the preceding section, noting the substance of each bond.

Sec 14. All parties in custody, either upon warrant or otherwise, who cannot give satisfactory bail for their appearance, may be kept in the city calaboose or county jail until they can be tried, and all parties brought up for trial, where cause may be postponed or continued for any reason, who cannot give satisfactory bail, shall be remanded to jail until trial, and the recorder shall enter such order upon his docket, and give the city marshal a copy of said order, which shall be sufficient authority for the detention of such person.

Sec 15. The recorder shall issue subpoenas for all witnesses desired by either party, which shall bear date on the day they are issued and shall be returnable on the day therein mentioned. Subpoenas shall be served by the city marshal, by reading the same to the person or persons therein named, and the marshal shall endorse thereon the manner of executing such subpoenas.

Sec 16. If any witness subpoenaed shall fail to appear as commanded in such subpoena, the recorder may compel the attendance of such witness by attachment, and may fine any such witness for contempt of court, in any sum not exceeding ten dollars and the costs of attachment.

Sec 17. Any witness who shall refuse to be sworn, or who shall refuse to answer any question deemed proper by the court, and all persons who shall conduct themselves in a disorderly or contemptuous manner, in or toward the court, may be fined in any sum not exceeding ninety dollars, or be imprisoned for a term not exceeding ten days, or may be punished by both such fine and imprisonment.

Sec 18. The recorder, upon the application of either party, and it appearing to the satisfaction of the court, that the party so applying cannot go safely to trial because of the absence of a material witness, or of evidence material to the issue (when the party has used due diligence to procure the same and failed), and that the same may be obtained in a reasonable time, may grant a continuance, provided, that such continuance, when asked by the city, shall not be longer than three days, when the defendant is under arrest, and in all other cases not longer than twenty days.

Sec. 20. The deposition of a witness, when attendance cannot be procured because ot bodily infirmity, absence beyond the jurisdiction of the court, or other sufficient cause, ma}' be taken and read in evidence in any trial, if such witness is otherwise competent; such depositions to be taken in conformity to the laws of the state of Missouri, in similar cases for justices' courts.

Sec. 21. In all cases before the recorder, in which the city of Richmond is interested, all process and notices which it may be necessary for the party opposed to the city to serve, shall be served on the city attorney.

Sec. 22. In any case in which the city of Richmond is plaintiff, if any defendant shall have been duly summoned, and shall fail to appear, as required by such summons, the recorder shall proceed to hear the testimony as "to the nature of the offense, and shall render judgment by default against such defendant, for the amount of the fine, forfeiture or penalty he may impose in any case, together with the costs of the suit.

Sec. 23. A judgment by default may be set aside for good cause shown, upon the application of the defendant against whom such judgment is rendered, within ten days after the rendition of such judgment by the defendant paying all costs up to that time.

Sec. 24. Whenever a judgment by default has been set aside, if execution has been issued, it shall be recalled, and the recorder may fix a time to try the case anew, of which new trial the defendant shall give the plaintiff reasonable notice.

Sec. 25. On the day set for the trial of any cause, if the defendant appears by himself, or by attorney, and no jury be demanded, the recorder shall proceed to hear the proof and give judgment according to the law and testimony, and shall (except as hereinafter provided), adjudge the party against whom judgment is given, to pay the costs.

Sec. 26. Either party may demand a jury, in which case the recorder shall issue a venire to the city marshal, commanding him to summon six good and lawful men to serve as jurors. All such jurors shall possess the same qualifications as are required by the laws of the state of Missouri for jurors in courts of record.

Sec. 27. The recorder may attach and punish for contempt, as in cases of witnesses, any person who shall have been summoned as a juror, and who shall fail or refuse to obey such summons.

Sec. 28. Upon the return of the venire, if a sufficient number of jurors do not appear, or appear and are challenged or excused from serving, the marshal shall immediately summon other persons under the same venire until the panel of jurors is complete.

Sec. 29. The defendant shall be entitled to challenge six jurors peremptorily, and the plaintiff three, and either party may challenge any number of jurors for the disqualifications enumerated in the laws of the state of Missouri, concerning the qualifications of jurors, provided no person shall be incompetent as a juror in any action or proceeding in which the city of Richmond is a party in interest, by reason of his being an inhabitant or freeholder in said city.

Sec. 30. Whenever the defendant shall file an affidavit that the marshal is of kin to the prosecutor, or is so prejudiced against the defendant, that justice may not be done in the selection of the jury, the recorder shall issue the venire to some disinterested person, who shall take an oath faithfully and impartially to discharge the duty. The person so appointed shall perform the same duties and receive the same compensation in that case as the marshal receives for like services.

Sec. 32. Every juror shall be sworn or affirmed well and truly to try the matter in issue between the parties, and a true verdict render according to law and evidence. No exceptions shall be taken or allowed to the summoning of a jury or to any juryman after the jury is empanneled and sworn.

Sec. 34. The verdict of the jury may be in the following form: - " We, the jury, find the defendant guilty (or ' not guilty,' as the case may be), of the offenses charged;" and when no specific sum as a fine, penalt}-, or forfeiture is fixed by the ordinance, the jury shall, also, in their verdict, assess the amount of money to be paid by the defendant, not exceeding the maximum nor less than the minimum fine, penalty, or forfeiture prescribed in the ordinance for the violation of which the defendant is charged. Some member of such jury shall sign such verdict as foreman.

Sec. .35. Upon the rendition of the verdict the recorder shall enter the same upon his docket, and shall render and enter upon his docket judgment in accordance with such verdict.

Sec. 36. The recorder shall be controlled in the admission of evidence, the examination of witnesses, the competency of witnesses, and in all questions relating to evidence, by the laws of the state of Missouri in relation thereto.

Sec. 37. The informant in any case may be adjudged to pay the cost of prosecution, when the defendant is acquitted, if it shall appear to the court that the prosecution was instituted vexatiously, maliciously or without probable cause.

Sec. 38. Upon the rendition of a judgment against the defendant, the the recorder shall issue an execution therefor including the costs, and when the informant is adjudged to pay the costs, execution therefor shall issue against such informant.

obtained a judgment before the undersigned recorder of the city of Richmond, against . . . . , for a misdemeanor, in the sum of .... dollars, together with costs in this behalf; twese are to command you that you are to take the body of the said .... into custodv, and him safelv keep in the jail of the city of Richmond, until the amount of said judgment and all costs be paid by the said . . . ., or until he is otherwise discharged by due course of law, and you are further commanded that during the period of the imprisonment of said . . . ., that you require him, the said . . . . , to labor on the streets or public works of the city of Richmond, as prescribed by ordinance, and make return of this execution within sixty day from the date thereof, and that you certify how you executed the same.

Sec. 40. The recorder shall enter upon his docket in addition to the judgment in each case, an additional order for the imprisonment and sentence to labor of the defendant, as specified in the foregoing execution.

Sec. 41. Every person committed to jail or custody, in default of the payment of any fine, penalty or forfeiture for violating any ordinance in the city of Richmond, shall be required to work during his or her time of remaining in custody, upon the streets or public works of said city, under the supervision of the city marshal, or police of said city, at such place as the city marshal shall designate, and shall be allowed a credit upon the execution against him or her of one dollar and fifty cents per day for each day's work, when they work on the streets or public works of said city; and when there is no work to be done on the streets or public works of said city, they shall be required to beat rock upon the streets at such place as the city marshal shall designate, and shall receive as compensation therefor the sum of one dollar per cubic yard for each cubic yard broken, and said amount shall be credited upon the execution against them. Such persons shall be worked a sufficient length of time to pay said fine and costs, and for all other expenses, for board or otherwise incurred in his or her case; and in any case, any person so fined and sentenced shall become refractory and refuse to work, in that event, such person may be further punished by having a ball and chain placed upon his or her leg, and shall be required to work upon the streets as aforesaid.

Sec. 42. The recorder may, in his discretion, issue a simple fieri facias against the defendant in any case, instead of the execution herein before recited, which said fieri facias and the proceedings thereon, including levy and sale, shall be governed by the laws of the state of Missouri regulating executions from justices' courts. In every instance where such fieri faca is shall be returned unsatisfied in whole or in part, however, the recorder shall forthwith issue the execution first hereinabove provided for.

Sec. 43. The recorder shall endorse on every execution issued by him the amount of the judgment and all costs which may have accrued, and the marshal shall add thereto all costs accruing subsequently in such suit, and upon the return of an execution the recorder shall enter upon his docket the return of the marshal, and the amount of costs that have accrued in executing the writ.

Sec. 44. Executions shall be made returnable in sixty days from the date thereof. If the marshal fail to make return thereof in said time, or shall make a false return, he and his securities shall be liable for the amount of such execution and costs. In such cases the recorder may issue a scire facias against the marshal and his securities, and if, upon the hearing thereof, the marshal has been delinquent as aforesaid, the recorder shall enter up judgment against such marshal and his securities, in such sum as the execution may have been issued for, upon which said marshal was delinquent. In all such cases the recorder shall have power to

Sec. 45. If any execution be not satisfied, it may, at the request of the plaintiff, be renewed from time to time by the recorder issuing the same, or the recorder to whom his docket is transferred by an endorsement thereon to that effect, signed and dated when the same shall be made. If any part of an execution has been satisfied, the endorsement of renewal shall express the sum due on the execution. Every such endorsement shall renew, the execution in full force in all respects for the same space of time between its date and first return, and no longer, and an entry of such renewal shall be made on the docket of the recorder.

Sec. 46. The city marshal shall have power to summon the posse comitatus within the city of Richmond to aid him in arresting any one violating the provisions of the charter or ordinances of said city, or any one opposing or irppeding him in the performance of his duty enjoined on him by charter or ordinances. Any person, so summoned, who shall fail or refuse to attend and aid the city marshal as aforesaid, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in any sum not less than five dollars, nor more than fifty dollars, with costs.

Sec 47. The recorder and marshal, in all matters pertaining to their respective offices, concerning which there is no specific provisions made by ordinance, shall be governed by the laws of the state of Missouri regulating proceedings in justices' courts.

Section 1. On Tuesday after the first Monday in April in each year there shall be elected a city constable, who shall hold his office for one year, and until his successor is duly elected and qualified, the style of whose office shall be city marshal.

Sec 2. He shall give bond in such sum as the city council may require, with good security, conditioned for the faithful performance of his official duties, and shall execute all process to him directed, and perform such other duties as may be required of him by council.

Sec 3. That in addition to the duties of the city marshal prescribed in the city charter, the following duties are also imposed: It shall be the duty of the city marshal to cause to be removed from the streets, alleys, avenues, market place and public square of the city, and from any other part of the city, all offensive substances and nuisances which in his opinion may have a tendency to endanger the health of the inhabitants of said city. 2d, The city marshal shall take all necessary measures to ascertain all nuisances which may exist, and shall attend particularly to the cleanliness of the city. 3d, If a nuisance of anv description whatever be found upon the lot, or ground, possession, or in the building of any person or persons, the city marshal shall give notice to the occupant, or owner of the premises, to cause such nuisance to be corrected or removed within the time specified in said notice, which shall not be more than twenty-four hours; and should such occupant or owner of the property fail or refuse to correct or remove such nuisance in the time prescribed, the city marshal shall have the same corrected or removed at the expense of the city. 4th, For every failure, refusal or neglect by any occupant or owner of any premises, to remedy or remove any nuisance existing thereon, when notified thereof, as above directed, by the city marshal, such occupant or owner shall forfeit and pay to the city the sum of not less than one, nor more than one hundred dollars, as well as all expenses incurred in removing such nuisance; to be recovered by the city as other fines, penalties, or forfeitures. 5th, The city marshal shall at the end of each month render to the city council of said city an account of all expenses for cleaning the city, and all such expenditures as he may have made on behalf of said city. 6th, The city marshal shall patrol the city, and endeavor, as far as in his power to prevent all violations of the ordinances of the city, or the laws of the land. He shall give information to the recorder of all vagrant, disorderly, or suspicious persons, lurking about the cit}- without any visible means of support. 7th, That for each failure or refusal to discharge the several duties enjoined upon him by the charter and ordinances, said marshal shall, upon conviction, forfeit and pay said city not less than one, nor more than twenty dollars, to be sued for and recovered as other forfeitures.

Sec. 4. It shall be the duty of the city marshal to collect and pay over all fines and forfeitures, jailor's fees adjudged to be paid by the recorder of the city of Richmond, immediately after the same shall be collected, to the city treasurer, and also to collect and pay said recorder, city attorney, witnesses and jurymen, their fees whenever called on after the same has been collected. Any failure to comply with this provision shall be, and the same is hereby declared to be a misdemeanor, and for each offense he shall be fined not less than five dollars nor more than one hundred dollars, to be recovered as other fines and forfeitures.

Sec. 5. The city marshal shall hereafter be subject to removal from office for incompetency or neglect of his official duty, by a two-thirds' vote of the city council of said city, and in case of such removal, the vacancy shall be filled as is now provided by the laws and ordinances of said city.

Sec. 6. The salary of the city marshal shall be, in addition to the commissions and costs now allowed him by the laws and ordinances of said city, four hundred dollars per annum, payable quarterlv, in full payment for his services, for himself and deputies.

Sec. 7. That said city marshal shall make a settlement with the city council at each and every regulary meeting thereof, and with the city treasurer on the first secular day of each and every month, and that upon said settlement with the city treasurer, he shall pay into the city treasury all moneys then in his hands belonging to the city, and take triplicate receipts therefor, one to be filed with the city recorder, one with his settlement with the city council, to be received as a voucher on said settlement, one to be retained by the marshal.

from any person or persons, firm, company or corporation whatever, any warrant or warrants for a greater amount than the indebtedness of the city to the party or parties offering said warrants, and shall upon each and every settlement with the city council exhibit in a written statement, duly sworn to by said city marshal, a full list of all warrants received as aforesaid, and not previously in like manner herein reported, the names of parties from whom received, and the amounts received from each party.

Section 1. That all business houses within the city of Richmond shall be closed by the owners, proprietors, or tenants thereof, or the agents of such owners, proprietors, or tenants having such business houses under their charge, between the hours of 10 o'clock p. m. and 4 o'clock a. m., from the first day of April to the first day of October of each year; and between the hours of 11 o'clock p. m. and 6 o'clock a. m., from the first day of October to the first day of April of each year.

Sec 3. Any owner, proprietor, or tenant of any business house in said city, or agent of such owner, proprietor, or tenant, having control of such business house, who shall fail or neglect, or refuse to comply with the requirements of the first section of this ordinance, shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in any sum not exceeding ninety dollars, nor less than one dollar and costs.

An Ordinance In Relation To Receipts And Expenditures

Section 1. That it shall be the duty of the city council of the city of Richmond, on or before the third Monday in April of each year, to cause to be published in some newspaper published in said city, a full, complete and detailed statement of all moneys received and expended by the said city during the fiscal year next preceding such publication, and on what account received and expended, classifying each receipt and expenditure under its appropriate head.

An Ordinance In Relation To Licenses

Section 1. No person or company of persons shall exercise the business, trade or vocation of an auctioneer, peddler, broker, or pawn-broker; or shall any person or company of persons open or offer for exhibition, any show or amusement of any kind, or keep for public use any ten pin, or ball alley, nor offer lor sale any chance or ticket in any gift enterprise, nor sell or give away any intoxicating or malt liquors, within the city of Richmond, without first having obtained a license, and paid the tax in the manner herein prescribed.

Sec. 2. All licenses shall be granted for the term of six months, (except gift enterprises, shows, amusements, auctioneers and peddlers, which shall be licensed as hereinafter provided,) and no longer, commencing with the first day of January in each year, and subject to renewal every six months thereafter, except upon the first application of any person or company of persons for a license required, such licenses shall be granted from the time of application to the first day of January or July, next succeeding, as the case may be, and the tax thereon shall be in proportion to the tax for six months. Applications shall be made by each person or company of persons wishing to exercise the business or vocation for which a license is required, to the city recorder, who shall prepare the same, and deliver them to the city collector, who shall receive and collect the same.

Sec. 3. The following shall be the rate of license tax: Upon every keeper of a ten pin or ball alley, the sum of forty dollars for every six months; upon shows and amusements as follows: circuses or menageries, for each dav exhibition, fifty dollars, and upon every side show traveling with the same, five dollars; negro minstrel exhibitions, concerts, sleight of hand performances, puppet shows, rope dancing and all other kinds of amusements, the sum of five dollars for each exhibition; theatres or theatrical performance, five dollars for each performance or exhibition, or fifty dollars per month; gift enterprises or any like business in which prizes or gifts are distributed by chance, shall each pay the sum of fifty dollars per month; every pawn broker shall pay fifty dollars for every six months; every auctioneer shall pay one dollar and fifty cents per day, or ten dollars for every six months, and when any person shall keep a regular auction room, the license shall be twenty-five dollars for every period of six months; every peddler or person selling or offering to sell goods or merchandise, of any description, in said city, without having a fixed and permanent location therein, shall pay a license tax of two dollars and fifty cents per day, or twenty-five dollars for every six months, if his business be conducted on foot, and five dollars per day or fifty dollars for every six months, if he uses a wagon or any vehicle to convey such goods around; each broker or company of brokers, including produce and merchandise brokers, and bill brokers, shall pay a license tax of twenty-five dollars for every six months; every person who shall keep a dram shop or tippling house, or who keeps for sale, or suffers to be drank upon his premises, intoxicating or malt liquors in quantities less than one gallon, shall pay a license tax of fifty dollars for every period of six months: Provided, however, that nothing contained in this ordinance shall be construed so as to require druggists and apothecaries to take out a license to sell intox- icating or malt liquors in quantities less than one gallon, for selling liquors to fill prescriptions for the sick, made by any regular practicing physician.

Sec. 4. No license issued under the provisions of this ordinance, shall be construed so as to authorize any person or persons to sell or give away any intoxicating or malt liquors to any minor or habitual drunkard, and any person or persons convicted of any such act, shall in addition to the penalty otherwise provided by law, forfeit his or their license, which may be so declared in the court where such conviction is had, and all licenses are granted with this expressed provision.

Sec. 5. Application for license to keep a dram shop should be made to the city council, by petition, and shall state where the dram shop shall be kept.

Sec. 6. Every applicant for such license shall, at the time of his application to the city council, deliver a statement in writing, verified by affidavit, of the amount of liquors received at his stand within six months next preceding the date of such statement; on which amount there shall be levied and collected an ad valorem tax for city purposes, of the same amount as paid by merchants on merchandise.

Sec. 7. Before such license shall be granted, the council shall require the person applving therefor to give bond, with sufficient security, to be approved by the city council, in the sum of one thousand dollars, conditioned that the person obtaining such license shall keep at all times an orderly house, and that he will not sell, give away, or otherwise dispose of, or suffer the same to be done about his premises, any intoxicating liquors, in any quantity, to any minor, without the consent of the parent,, guardian, or master of such minor.

Sec. 8. In no case shall the license be delivered to any dram-shop keeper, until he shall produce the receipt of the collector showing that the tax has been paid.

Sec. 9. Any person convicted of a violation of any of the provisions of this ordinance, shall be fined in a sum not less than twenty, nor more than ninety dollars, before the city recorder, who shall have jurisdiction of every such violation.

Sec. 10. The license shall be signed by the clerk, for which he shall receive a fee of fifty cents; and in no case shall such license be transferred or assigned.

Sec. 11. Licenses granted under the provision of this ordinance shall be as near as practicable in the form following, viz: "I, , recorder of the city of Richmond, Missouri, to all who shall

Know ye, that whereas, . . . . , of said city, on the .... day of . . . . , A. D. 18.., paid to the city collector, the sum of .... dollars, being the license tax for the business hereinafter mentioned, therefore the said . . . . , is hereby authorized to .... for the period of .... from the .... day of . . . ., A. D. 18. ., subject to the ordinances and laws of the city of Richmond, Missouri.

Sec. 12. Every person and company of persons -who exercise or attempt to carry on any business, trade, or auction for which a license is required by the provisions of this ordinance, open or offer for exhibition any show, or amusement of any kind, or keep for public use any ten pin or ball alley, or offer for sale any ticket or chance in any gift enterprise, or keep any tippling-house or dram-shop, or sell or give away any intoxicating or malt liquors in quantities less than one gallon, within the city of Richmond, without having first paid and obtained a license therefor, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not less than five, nor more than ninety dollars, with costs of suit for every such offense.

Sec 13. The fee for issuing each license shall be fifty cents, which shall be paid the recorder by the party applying for the same, on his application for license, and the recorder shall not prepare any license until said fee be paid.

An Ordinance To Regulate The Letting Of Contracts

Section 1. All permanent improvements, of whatever character, which may be contracted by the city of Richmond, shall be let out to the lowest responsible bidder, before any such work shall be authorized or commenced, provided, however, that nothing herein contained shall be construed so as to prevent the repair of streets, avenues, alleys, culverts, buildings, or other city property, so far as may be necessary for their preservation when such repairs shall have been ordered to be made by the city council.

Sec 2. Whenever the city council may contemplate any improvement or work, as provided in the preceding section, and shall order that proposals to do the required work be advertised for, it shall be the duty of the city recorder to advertise for at least twenty days, in some newspaper printed in the city, that sealed proposals will be received in his office, during that space of time, for doing the work in contemplation, giving a genearal description of the work, and giving notice that full plans and specifications shall have been furnished by the city attorney, at or prior to the the time of ordering such advertisement for proposals. Such notice shall also contain the statement of the fact that the city reserves the right to reject any or all proposals.

Sec 3. Proposals to do public work, shall contain full and explicit statements of prices of each and every part of work to be done, with description of quality, quantity and price of all material to be used, price of labor, and number of laborers employed, and the time in which the work will be completed, and terms of payment, so that the city council can easily determine the cost of the work contemplated, and the time required for its completion.

of receiving the same, and shall file the same in his office for reference. No proposal shall be filed by him unless it is securely sealed, and all such proposals shall have an endorsement on the back, " Proposals for public work," and directed to the city council. No proposals shall be withdrawn from the recorder, or the seal broken by any one, until the meeting of the city council to examine the same.

Sec. 5. After the time shall have expired for receiving proposals, the city council shall convene and examine all proposals made, and shall award the contract to the lowest bidder, provided, if all such proposals are deemed too high, the city council may reject all.

Sec. 6. The city council shall require any person or persons whose bid may be successful, to give bond with good security, to be approved by said council, conditioned for the faithful performance of such work and contract, and in default of providing such bond within some time specified by them, such bid or bids shall be rejected.

Sec. 7. Whenever any contract shall be awarded and bond filed, as herein provided, the city attorney shall draw up the terms of each contract in duplicate, which said contract shall embody all the particulars specified in the proposals, and shall further bind the contractor to perform the work in a good and workmanlike manner. Such contracts shall be signed in duplicate by the mayor, under the seal of the city, and the contractor, under their hands and seals. One copy of such contracts shall be delivered to the contractor, and the other held in the office of the city recorder.

Sec. 8. No such work shall be received or paid for until it shall have been examined by the committee of improvements of the city council, and shall have been approved by them as constructed according to contract, and these conditions shall be embraced in every contract entered into.

City

Section 1. Whenever the city of Richmond, shall become liable to any person, in any sum of money, the payment of which is not otherwise provided for, the claimant shall make out a detailed account thereof and shall then present the same to the city council, who shall carefully examine the same, and if in their opinion the account is correct and should be paid by law, they should allow the same, and the city recorder shall endorse on such accounts the allowance thereof, and a warrant shall be issued by the mayor, countersigned by the city recorder, in favor of such claimant, payable out of the city treasury.

Sec. 2. The city council may refer any claim so presented to them for payment to the committee of claims for examination and adjustment, but all such claims shall be reported back to the city council for approval and final action.

correct record and list of all warrants, presented to him for payment, noting the number of the warrant, time of presentation, amount for which drawn, and in favor of whom payable, and shall pay such warrants in the order they are thus presented and registered for payment, such payment to be made out of the general fund of the city.

Sec. 4. Whenever there shall be any money in the city treasury, and warrants registered for payment, it shall be the duty of the city treasurer to tack up in some conspicuous place in the office of the city council a list of such warrants next to be paid, and for which he has money in the treasury, giving the name of the person to whom payable, number and amount of warrant, and notifying the holder thereof to present such warrant or warrants for payment, and any warrant which shall not be presented for payment within twenty days from the time the same shall be posted, shall be stricken from its place in the registry, and the money appropriated to the payment of the next warrant or warrants in the order in which they occur on the registry; provided, that all warrants that may thus lose their order of payment, shall be re-registered for payment at anytime as if they were new warrants, but the city shall not be held liable for any interest or damages on such warrants from and after its being posted for payment.

Sec. 5. Such public list of warrants to be paid shall be renewed from time to time as there may be money on hand for the payment of any warrant or warrants, so as to keep the warrant holders accurately notified of the time of payment of their warrants.

Sec. 6. Any city treasurer who shall pay any warrant, out of the order of its payment, as shown by the register of warrants, and as herein provided for, or who shall fail to keep a record of warrants as herein set forth, or who shall fail to post any warrants for payment, as and when the same shall be entitled to payment, as provided for in the sections next preceding, or who shall violate any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in any sum not less than five dollars, and not more than ninety dollars, and costs for every such offense.

Sec. 7. All ordinances and parts of ordinances in conflict with this are hereby repealed; Provided, however, that all warrants now registered for payment with the city treasurer, shall be paid in the order in which they now are registered, the same as if originally registered under this ordinance, and shall in all respects be so treated, and such warrants as may hereafter be recognized, shall be registered in order, commencing next after the last warrant heretofore registered for payment.

An Ordinance In Relation To The City Treasurer

Section 1. On Tuesday after the first Monday in April of each year there shall be elected a city treasurer, who shall hold his office for one year, and until his successor is duly elected and qualified.

Sec. 2. He shall give bond in such sum as the city council may require with approved security, conditioned for the faithful performance of his official duties.

Sec. 3. It shall be the duty of the city treasurer to receive and keep the money of the city, and to pay out the same on warrants drawn by the mayor, or other officers authorized by ordinance to draw them, in the manner and form prescribed by ordinance.

Sec 4. In case of death, resignation or removal from office of the city treasurer, the mayor, with the approval of the council, shall have power to appoint a city treasurer for the residue of the term, until the next general election of city officers.

An Ordinance In Relation To City Recorder

Section 1. ' On Tuesday after the first Monday in April of each year, there shall be elected a city recorder, who shall hold his office for one year, and, until his successor is duly qualified.

Sec 2. He shall be ex-officio clerk of the city council. He shall keep a journal of the proceedings of the council, record in a separate book all ordinances and resolutions appropriating money, keep a record of all official acts of the mayor, and when necessary attend them ; he shall keep and preserve in his office the common seal of the city, and all records, public papers and documents not properly belonging to any other office, and perform such other duties as the council may direct.

Sec 3. As recorder he shall preside in the city court, and have the same jurisdiction as a justice of the peace, within and for the limits of the city. He shall have exclusive jurisdiction over all cases arising under any ordinances of the city, subject, however, in all cases to an appeal to the circuit court of Ray county, and every such appeal shall be granted as provided by the charter and ordinances of this city.

An Ordinance In Relation To Committees

Be it ordained by the City Council of the City of Richmond, as follows : Section 1. The mayor shall, at the first regular meeting of the city

Ordinances Take Effect

Section 1. That all the foregoing ordinances of the city of Richmond are hereby approved and shall take effect and be in force from and after January 1, A. D. 1879.

Of Richmond

Rule I. Regular meetings of the council shall be held on the first Wednesday of each month. Notices of special meetings shall be served by the marshal on each councilman, and the marshal shall have charge of the council rooms and give his attendance on the meetings of the council.

Rule II. At the hour appointed for the meeting, the recorder, or some one appointed to supply his absence, shall proceed to call the roll of members, and announce whether a quorum be present. Upon the appearance of a quorum, the council shall be called to order, the mayor taking the chair, if present. The council shall appoint a temporary chairman in the absence of the mayor. The council shall then proceed to do business in the order following:

1. The reading of the minutes of' the proceedings of the last preceding meeting or meetings, which, if approved by the council, shall be signed by the mayor, and then attested by the recorder.

Rule V. Every member, previous to his speaking, shall rise from his seat and address himself to the mayor, and say, " Mr. President," but shall not proceed until recognized and named by the chair.

Rule IX. A member called to order shall immediately take his seat, unless permitted to explain. The decision of the chair on points of order shall be conclusive, unless there be an appeal to the council, in which case, the council shall decide the point of order without debate.

Rule XI. No motion shall be stated by the chair unless it be seconded. When a motion is seconded, it shall be stated by the mayor before debate; and shall be reduced to writing, if required by a member.

Rule XIII. When a motion is under debate, no motion shall be received unless for the " previous question, " to postpone indefinitely, to adjourn to a certain day, to lie on the table, to amend, or to adjourn the council.

Rule XIV. A motion for the "previous question, " to lie on the table, or to commit it until decided, shall preclude all amendment and debate; and so also, a motion to postpone indefinitely, or to adjourn it to a certain day, shall, until decided, preclude all amendment to the main question.

Rule XVI. A motion to adjourn shall always be in order, except when a member is speaking, or a vote is being taken, or when a motion to adjourn was the last preceding motion.

Rule XX. These rules may be temporarily suspended by a vote of two-thirds of the council present; and be repealed, altered or amended, by the concurrence of two-thirds of all the councilmen elected.

Rule XXI. The standing committees shall consist of three members each, and shall be appointed by the mayor, annually: and the first person named on the committee shall be the chairman thereof. The standing committees shall be:

Rule XXIII. All questions of order not herein otherwise provided for, shall be decided upon the principle laid down in Jefferson's Manual, so far as the same may be applicable.

The population of Richmond, per tenth United States census, is 1,424; but as this only includes those living within the corporate limits, which are quite narrow, it is much less than the population of the town proper - which is certainly not less than twenty-five hundred. Its population in 1870 was 1,218.

In 1833, a settlement was made where Taitsville now stands. In that year Alfred Williams built the first house erected in what afterward became the corporate limits of Taitsville. His house stood a short distance southwest of lot No. 1, and was burned the year after it was built. Williams died in 1868.

About the same time that Alfred Williams settled at Taitsville, his brother, Thomas Williams, also settled there and built a house on the southeast part of the area now forming the limits of the town.

In 1858, one J. P. Morrison built a small steam mill in Taitsville. The mill was provided without one run of burrs, and the flour was bolted by hand. The engine first used is still in use. After several changes in ownership the mill became, and is now, the property of John Tait, who has repaired and improved it very much. The mill was burned down in 1875, but was immediately re-built. It now has two run of burrs.

In the spring of 1869, McGlothlin & Bailes built on lot number one, the first store house in Taitsville. They occupied the building as a store house, but it is now occupied by W. G. Tait & Bro. In 1873, T. B. Hatfield & Brother established the second store in Taitsville.

Taitsville is situated in the south part of section seventeen, township fifty-four, range twenty-seven, on the west side of the west fork of Crooked river. It is not on any railroad, but is pleasantly situated in a very good farming country. Timber of superior quality and in considerable variety abounds in the neighborhood. The town was made a post office May 24, 1872, and J. H. Hatfield was appointed postmaster. It has mail to and from Richmond, sixteen miles distant, two times per week.

Taitsville was incorporated November 16, 1878, with James Tait, John Tait, William C. Syler, T. B. Hatfield and G. W. Cones, as trustees, appointed by the county court. Tha same persons were elected members of the town board, the first Tuesday in April, 1880. The population of Taitsville, per census of 1880, is one hundred and eight.

Knoxville

KNOXVILLE. Knoxville is fourteen miles north and inland from Richmond, situated in Knoxville township, in center of section thirty-five, congressional township fifty-four, range twenty-eight; has a population, according to the tenth U. S. census, of eighty-eight, four stores carrying stocks of general merchandise, two drug stores, two wagon shops, one saddle and harness shop, two blacksmith shops, a hotel and a post office, with daily mail.

The town is unincorporated, and as its limits can not be sharply defined, eighty-eight is, of course, only the approximate population. We have received one statement estimating the population at two hundred, which is probably more nearly correct than the other.

It has a justice of the peace, a constable, and two physicians. There is, also, a Masonic lodge, and a church building in the town. Services are held in the latter by two denominations.

In the spring of 1834 a Mr. Hatfield occupied a small house, near the present site of Knoxville, which took the name of " Buncombe." The first store-house was erected in the summer of 1834, by one Jacob Stollins. He carried a small stock of general merchandise. At that time there were only two or three houses in the place.

About three and a half miles southwest of Knoxville, on the west fork of Crooked river, is situated the saw and grist mill of J. B. Belch er Esq.

While this mill is operated exclusively in Ray county, it is not stationary, but is moved from one locality to another, in order that it may be kept convenient to suitable timber. When the timber of one locality has been used, the mill is removed; and our apology for giving an account of it in connection with the history of Knoxville, is that the writer is informed it is now located nearer that village*than any other.

Mr. Belcher operates this mill with no other assistance than that afforded by members of his family, thereby practicing a very laudable economy, as well as having his work done in a prompt and satisfactory manner. Mr. Belcher displays a judgment worthy of emulation, in so thoroughly utilizing the force represented by his own family.

There is considerable walnut timber, of good quality, in the neighborhood of Mr. B.'s present location. This he saws for other parties, and it finds its way to distant markets.

MILLVILLE. Millville, a bright and thriving little village of about two hundred souls, ten miles northeast of Richmond, in the north part of section fifteen, township fifty-three, range twenty-seven, is pleasantly situated at the base of some beautiful wooded hills, in the midst of a rich, partially timbered and partially prairie country, highly improved and exceedingly productive

In 1837, C. W. Stillwell built the first blacksmith shop in Millville. The first store was opened about the year 1842, by Milton and S. L. McCuistion.

This was the only store in Millville till 1845, when George A. Mason engaged in the mercantile business in that town. Since that time various persons have been engaged in merchandizing in Millville, among whom we mention the following: T. B. Fowler, R. C. Wild, J. Y. Coppage,

Morton

A hamlet of about one hundred inhabitants, is situated in the heart of the most beautiful and fertile agricultural region in northwest Missouri, is in Crooked River township, near the center of section eighteen, congressional township fifty-two, of range twenty-six.

The school-house was built in the year 1856. It is a frame, and cost three hundred dollars. Miss Sarah Bohannon was the first teacher. She had about twenty pupils, and received as a salary twenty dollars per month.

The first marriage solemnized in Morton is said to have been that of George Ewing to Miss Lyda Tisdale, but we have been unable to ascertain.

Two dry goods stores, a saddle and harness shop, two blacksmith shops and one dru£ store constitute the business establishments of the town. There is also a very handsome union church in the place.

Like every town in Ray county, Morton is surrounded by a hospitable, intelligent and enterprising people, and is supported by inexhaustible natural sources.

Hardin was laid out in 1868, and incorporated in October, 1870. James Darby was the first mayor; John D. Reyburn built the first house, and Fountain Roselle was the owner of the first store in Hardin. The first school-house in the town was built in 1870, at a cost of seven hundred dollars.

The first death that occuored in Hardin was that of William Hunt, who died in 1870. His remains were interred at Knoxville, Ray county,, Missouri.

Reverend F. Bone, of the M. E. Church South, was the first minister in Hardin. Religious services were held at the Union church, described elsewhere in this volume. The town has a handsome cemetery, threefourths of a mile to the southeast.

Hardin is a progressive, enterprising little village, situated in sections thirty-two and thirty-three, congressional township fifty-two, range twenty-six, and in sections four and five, township fifty-one, range twentysix, on the Wabash, St. Louis & Pacific railway, six miles east of R. & L. Junction. It has twelve business houses, one church, owned and used by several denominations, a good school-house, one hotel, and an elevator, and is in as fine a farming country as there is in Missouri. The town enjoys a large trade, comparatively speaking, and as a shipping point for grain and live stock, is one of the most important in the county. The Telegraph steam flouring mills are located here, and no similar mills in a town of equal size will sutler disparagement by comparison with them.

The population of Hardin was not separately reported by the enumerator, who, in June, 1880, took the census of Crooked River township, in which it is located; hence, the number of its inhabitants cannot be definitely stated; it is safe to say, however, that it is from two hundred and fifty to three hundred.

The town stands at the head of the famous sugar tree bottom of Carroll county. The greater portion of the surrounding country is prairie, inter-

Camden is situated on the north bank of the Missouri river, on the Wabash, St. Louis & Pacific Railway, five miles west of Richmond and Lexington Junction, and six miles southwest of Richmond; was incorporated in May, 1838.

It is a town of some importance, in a part of the county most admirably adapted to the culture of grain and fruit, as well as inexhaustibly rich in mining resources.

The coal mines in the vicinity are a source of considerable wealth to the town, and afford employment to one hundred and fifty to two hundred men.

Wood, coal and water being convenient and abundant, Camden presents decided advantages for manufacturing. Population, according to United States census of 1880, five hundred and nine.

Orrick, situated in east half of section twenty-three, township fifty-one, range twenty-nine, on the Wabash, St. Louis & Pacific railroad, (formerly North Missouri railroad,) was laid out in March, 1869, by the North Missouri railroad company, and named in honor of W. W. Orrick, Esq., of St. Charles, Missouri.

The village was incorporated in 1872, with John G. Hearn as its first mayor. A postoffice was established in Orrick in 1873, and Arthur W. Stickle appointed postmaster.

In 1873 a good substantial school house was built, at a cost of eight hundred and fifty dollars. It is a two-story frame building; the second story, which is owned by a joint stock company, being used as a public hall

W. D. Ward was principal of the first school taught in Orrick. Twenty-five pupils attended his school, and he received for his services as teacher, forty dollars per month.

R. S. Kestler, M. D., from Macon county, Illinois, now a citizen of Tiblow, Wyandotte county, Kansas, was the first practicing physician in the town of Orrick.

There is no cemetery yet established in the town; but South Point cemetery, laid out by the Christian congregation at that place, is one mile away, and is used by the people of Orrick as a place to inter their dead.

The present (1881) officers of Orrick are as follows: B. A. Miller, mayor; Louis H. Wood, Marion Leakey, D. B. Shepard, W. A. Wells, councilmen; George Brown, marshal; G. W. Mitchell, treasurer; M. S. Bissell, city attorney; George Dale, clerk.

Lawson

Lawson, a bright and attractive little village of two hundred and twenty-three inhabitants, is situated on the St. Joseph branch of the Wabash, St. Louis & Pacific railway, twenty miles northwest of Richmond, in Polk township, near the Clay county line.

There is a very pretty school house in the place, built in 1870, at a cost of five hundred dollars. Miss Lutie Palmer, with twenty pupils, and for twenty-five dollars per month, taught the first school. It was a public school.

Lawson is a growing town, very important as a shipping point, and is situated in the midst of a fine farming area of rich and beautiful gently undulating prairie land.

Vibbard is on the St. Joseph branch of the Wabash, St. Louis & Pacific Railway, fourteen miles northwest of Richmond, sections twenty-two and twenty-seven, township fifty-three, of range twenty-nine, and is the center of another very rich and beautiful rolling prairie district. Vibbard is, also, quite an important shipping point. Cattle, horses, mules, hogs, grain, and general produce are shipped from here in large number and quantity every year.

The town has eight business houses, one church, used by several denominations, a school house and a hotel. We are unable to give the exact population of the place, as the census enumerator failed to report the town separately. It has, however, a population of about one hundred and seventy-five.

Albany

The first religious services were held by members of the M. E. Church South, at Judge Carter's tobacco factory in Albany. Rev. E. M. Dorkra was the preacher.

Albany is in southwest corner of section thirteen, township fifty-one, range twenty-nine, three-fourths of a mile northeast of Orrick. It is a brisk little village, surrounded, as are all the towns mentioned, by an excellent farming country, and has seven business houses, one school house, one church building, property of M. E. Church South, and Baptists.

The Albany flouring mill, located at this place, was built in 1853, by Eli Carter & Co. It has two pairs of burrs; one to grind wheat, the other for corn. It grinds from eighty to one hundred bushels of wheat per day, and from fifteen to twenty bushels of corn in the same time. The mill is now owned by Brasher & Taylor; is in good repair and does very good work.

HALLER STATION - RAYVILLE POST OFFICE. This small village is on the St. Joseph branch of the Wabash, St. Louis and Pacific railway, about eight miles northwest of Richmond, in Richmond township. It was laid out in 1871, and the same year a postoffice was established there, with J. O. Davis as postmaster. Thomas Hankins built the first house and owned the first store.

The first religious services in Haller station, were held at the railroad house by the Catholics. Father O'Riley, a Catholic priest, was the first minister.

North Lexington

Swanwick is a railway station and postoffice, five miles nosthwest of Richmond, on the St. Joseph branch of the Wabash, St. Louis and Pacific railway.

Henry postoffice is situated in the north part of section sixteen, township fifty-one, range twenty-seven, at the crossing of the Wabash, St. Louis and Pacific railway, and the St. Joseph branch of that road.

It is a thriving little village and a shipping point for an extensive and productive agricultural country. It contains five business houses; three hotels, one railroad eating house, large depot buildings, a grain elevator, a school house and a church. Population about one hundred and fifty.

Hull'S Point

LISBONVILLE. Lisbonville is a post office in the extreme northern part of section three, township fifty-four, range twenty-nine. It is just within Ray county, being at the line between Ray and Caldwell counties.

FREDERICKSBURG - NEW GARDEN P. O. Fredericksburg is a post office in Fishing River township, or, section eight, congressional township fifty-two, range twenty-nine.

TINNEY'S GROVE P. O - MT. PLEASANT. Tinney's Grove is a small business place and postoffice, situated in section ten, township fifty-four, range twenty-six - Grape Grove. It is surrounded by a good farming country.

Pleasant View

But a railroad was built, and Pleasant View ignored; other towns springing up in the vicinity, on the line of the railroad, drew its patronage, and this gone, Pleasant View was forced to die.

The town was situated on a beautiful tract of high, rolling prairie land, and at one time before the war, had an extensive trade. It was laid out about the year 1857, by a German, named Isaac Berry, who opened the first store in the place, and sold a large amount of goods, dealing in country produce, general merchandise and farming implements.

Pleasant View was a flourishing village during the war, and for several years thereafter; but at last, like "Sweet Auburn," fell a victim to "unwieldy wealth," in other hands.

The Christian Church and a few " mouldering walls," are all that remain to mark the spot, in the west part of section twenty-seven, township fifty-four, range twenty-nine, where once stood Pleasant View village.

The year 1838 is a memorable one in the history of northwest Missouri. In that year a large body of Mormons, under the leadership of Joseph Smith, their high priest and prophet, and founder of the Mormon church, established a settlement at Far West, in Caldwell county, which but two years before had been formed out of the northern part of Ray county.

The Mormons had previously settled in Jackson county, having moved thither from Kirtland, Ohio. From these settlements the people had learned something of the character of the Mormons, and their rapid immigration into the country caused great excitement and considera- ble alarm. The people regarded their religion as inimical to society, civilization, and Christianity; their habits were the opposite of decency, and their depredations unbearable. Public meetings were held, speeches made, and resolutions passed, denouncing the Mormons, and resolving to expel them from the country. War ensued - an account of which is given elsewhere in this volume. But, as a considerable number of worthy citizens are yet living in Ray county, who, while condemning polygamy, and repudiating the degenerate branch of so-called " Latter Day Saints," established at Salt Lake, Utah, or elsewhere, honestly believe in the authenticity of the Book of Mormon, without rejecting the Bible; and as the only surviving witness to the golden plates, from the characters engraven on which was translated the Book of Mormon, and who claims to have received the manifestation from God concerning the record - is now living, and has lived for many years in Richmond, this county, it is deemed proper to insert a brief account of the man, what he believes, what he saw, and what he testifies to: the only living witness to the authenticity of the Book of Mormon, and one of the three witnesses who testified to " all nations, kindreds, tongues and people," that they had seen the golden plates upon which were engraven the hieroglyphics, that were translated into the Book of Mormon, has been interviewed by a reporter of the Chicago Times, and the result is given in four columns of that paper on August 7th. We reproduce the subjoined from the published interview: David Whitmer was. born near Harrisburg, Pennsylvania, and when he was but four years old, his parents removed to New York, settling at a point midwav between the northern extremities of lakes Cayuga and Seneca, two miles from Waterloo, two miles from Seneca River, four miles from Seneca Falls,. seven miles from Geneva, and twenty-two miles from Palmyra. He is. now seventy years of age, but as hale and hearty as most men at fifty.. In person he is above the medium height, stoutly built though not corpulent, his shoulders inclining to stoop, as if from so long supporting his; massive head, rather than from the weight of years, his frank, manly and benevolent face closely shaven, and his whole exterior betokening him to be one of nature's gentlemen. The rudiments of education he learned in school, and a life-time of thought and research have served to expand and store his mind with vast funds of information. The Times reporter found him at his pleasant two-story white frame residence, near the centre of the town of Richmond, Missouri, and in company with Hon. J. T. Child, editor of the Conservator, was admitted, introduced, and received a cordial greeting. When the object of the call was made known, Mr. Whitmer smilingly and meditatively remarked that it was true he had in his possession the original records, and was conversant with the history of the Church of Christ from the beginning, but was under obligations to hold both history and records sacred until such time as the interests of truth and true religion might demand their aid to combat error. Presently he became quite animated, rose to his feet, and, with great earnestness and good nature, spoke for half an hour on the harmony between the Bible and the original Book of Mormon, showing how the rinding of the plates had been predicted, referring to the innumerable evidences, in the shape of ruins of great cities existing on this continent; of its former occupation by a highly civilized race, reverently declared his solemn conviction of the authenticity of the records in his possession, and closed bv denouncing the Latter-Day Saints, of Utah, as an abomination in the sight of the Lord. While he believed implicitly in the original book, he protested against the Book of Covenants, which was simply a compilation of special revelations that Smith and his successors had pretended to have received. Joe Smith, he said, was generally opposed to these revelations, but was freqently importuned by individuals to reveal their duty, and oftimes he was virtually compelled to yield, and in this way the original purity of the faith was tarnished by human invention, and the accepted records of to-day lumbered with a mass of worse than useless rubbish. Should Bngham Young, or any of his infatuated satelites, ever dare to declare any of their interpolations to be from the original tablets, or proclaim that their pernicious doctrines or practices were authorized by the true version, then he, David Whitmer, would bring forth the records and confound them. Until that time, he, alone, would be the custodian of the sacred documents. When the question of polygamy was broached, and it was asked if the original Book of Mormon justified the practice, Mr. Whitmer most emphatically replied: "No! It is even much more antagonistic to both polygamy and concubinage than is the Bible. Joe Smith never,to my knowledge, advocated it, though I have heard that he virtually sanctioned it at Nauvoo. However, as I cut loose from him in 1837, 1 can't speak intelligently of what transpired thereafter." David Whitmer believes in the Bible as implicitlv as any devotee alive;, and he believes in the Book of Mormon as much as he does in the Bible. The one is but a supplement to the other, according to his idea, and neither would be complete were the other lacking. And no man can look at David Whitmer'sface for a half-hour, while he charily and modestly speaks of what he has seen, and then boldly and earnestly confesses the faith that is in him, and say that he is a bigot or an enthusiast. While he shrinks from unnecessary public promulgation of creed, and keenly feels that the Brighamites and Danites, and numerous other ites have disgraced it, yet he would not hesitate, in emergency, to stake his honor, and even his life, upon its reliability. His is the stern faith of the Puritans, modified by half a century of benevolent thought and quiet observation. He might have been a martyr, had he lacked sense and shrewdness to escape the death sentence that was pronounced against him by the high priests of the church he had helped to build. As it is, he is, perhaps, the only living witness of the wondrous revelation made to Joseph Smith, the founder of Mormonism.

David Whitmer was married in Seneca county, New York, in 1830, and was for a number of years an elder in the Church of Christ. To-day he is the proprietor of a livery stable in Richmond, Missouri, owns some real estate, has a handsome balance in the bank, is universally respected by all who know him, and surrounded by children and grand-children, is pleasantly gliding toward the gates of sunset, confident that the God of Abraham, and Isaac, and Jacob, was also the God of Nephi, whose faithful disciple he has been, and is. He does not believe that all believing in the Book of Mormon, or all adherents to any other faith, will be found among the elect, but that the truly good of every faith will be gathered in fulfillment of prophecy. Neither does he believe that the Book of Mormon is the only record of the lost tribes hidden in the earth, but on the contrary, that the caves hold other records that will not come forth till all is peace, and " the lion and the lamb shall lie down together." Three times has he been at the hill Comorah, and seen the casket that contained the tablets and seer-stone. Eventually the casket had been washed down to the foot of the hill, but it was to be seen when he last visited the historic place. He declares that he has never been a Mormon, as the term is commonly interpreted, but is a firm believer in the Book, in the faith of Christ, and the fulfillment of the prophecies in due time. Some of them have already been fulfilled; for instance, that which declares that the saints shall be driven from city to city, and also the prediction that the twelve apostles shall lead them to the devil.

In 1837, David and his brother John, then living in Far West, Missouri, were warned that they must make a confession of their apostacy or be killed, as the leaders of the church were conspiring against them. They determined to accept neither horn of the dilemma, and arranged for flight. At an appointed time John emerged from the back door of his house, gave the preconcerted signal by raising his hat, and hastily mounting horses in waiting, they rode away. John, as clerk of the church, had its records, and Oliver Cowdery bore off the original translation, and eventually transferred it to the keeping of David. Since that memorable day both John and David Whitmer have kept aloof from the so-called Latterday Saints, although firm as ever in the faith as taught by the Book of Mormon. John is a man of fine education, and abundantly able to defend his faith from assaults from any quarter.

Be it known unto all nations, kindreds, tongues and people unto whom this work shall come, that we, through the grace of God the Father, and our Lord Jesus Christ, have seen the plates which contain this record, which is a record of the people of Nephi, and also of the Lamanites, their brethren, and also of the people of Jared, who came from the tower of which hath been spoken; and we also know that they have been translated by the gift and power of God, for his voice hath declared it unto us; wherefore, we know of a surety that the work is true.

And we also testify, that we have seen the engravings which are upon the plates; and they have been shown unto us by the power of God, and not of man. And we declare with words of soberness, that an angel of God came down from heaven, and he brought and laid before our eyes, that we beheld and saw the plates, and the engravings thereon; and we know that it is by the grace of God the Father, and our Lord Jesus Christ, that we beheld and bear record that these things are true; and it is marvelous in our eyes, nevertheless the voice of the Lord commanded us that we should bear record of it; wherefore, to be obedient unto the commandments of God, we bear testimony of these things.

And we know that if we are faithful in Christ, we shall rid our garments of the blood of all men, and be found spotless before the judgment seat of Christ, and shall dwell with him eternally in the heavens.

A citizen of Caldwell county having made public a statement reflecting upon the character of David Whitmer, the latter secured a testimonial, signed by many of the leading citizens of Richmond, where Mr. Whitmer has resided since the year A. D. 1838, certifying, that from a long and intimate acquaintance with him, they knew him to be a man of the highest integrity, and of undoubted truthfulness.

Unto all nations, kindred tongues and people, unto whom these presents shall come: It having been represented by one John Murphy, of Polo, Caldwell county, Missouri, that I, in a conversation with him last summer, denied my testimony as one of the three witnesses to the, Book of Mormon.

To the end, therefore, that he may understand me now, if he did not then, and that the world may know the truth, I wish now, standing as it were in the very sunset of life, and in the fear of God once for all, to make this public statement:

That I have never at any time, denied the testimony or any part thereof, which has so long since been published with that book, as one of the three witnesses. Those who know me best well know that I have always adhered to that testimony. And that no man may be misled or doubt my present views, in regard to the same, I do again affirm the truth of all of my statements, as then made and published.

And that no one may be deceived or misled by this statement, I wish here to state, that I do not indorse polygamy or spiritual wifeism. It is a great evil, shocking to the moral sense, and the more so because practiced in the name of religion. It is of man and not of God, and is especially forbidden in the Book of Mormon itself.

I do not indorse the change of the name of the church, for as the wife takes the name of her husband, so should the church of the Lamb of God take the name of its head, even Christ himself. It is the Church of Christ.

As to the high priesthood, Jesus Christ himself is the last Great High Priest, this too after the order of Melchisedec, as I understand the holy scriptures.

Finally - I do not indorse any of the teachings of the so-called Mormons, or Latter-day Saints, which are in conflict with the gospel of our Lord and Saviour Jesus Christ, as taught in the Bible and Book of Mormon; for the same gospel is plainly taught in both of these books as I understand the word of God.

In the spirit of Christ, who hath said, 'Follow thou me, for I am the life, the light and the way,' I submit this statement to the world. God in whom I trust being my judge, as to the sincerity of my motives* and the faith and hope that is in me of eternal life.

Elsewhere we publish a letter from David Whitmer, Sr., an old and well known citizen of Ray, as well as an endorsement of his standing as a man, signed by a number of the leading citizens of this community, in reply to some unwarranted aspertions made upon him.

There is no doubt that Mr. Whitmer, who was one of the three witnesses of the authenticity of the gold plates, from which he asserts that Joe Smith translated the Book of Mormon, {fac simile of the characters he now has in his possession, with the original records) is firmly convinced of its divine origin; and while he makes no effort to obtrude his views or beliefs, he simply wants the world to know that, so far as he is concerned, there is no "variableness or shadow of turning."

Having resided here for nearly half a century, it is with no little pride that he points to his past record, with the consciousness that he has done nothing derogatory to his character as a citizen and a believer in the Son of Mary, to warrant such an attack on him, come from what source it may; and now, with the lilies of seventy-five winters crowning him like an aureole, and his pilgrimage on earth well nigh ended, he reiterates his former statements, and will leave futurity to solve the problem that he was but a passing witness of its fulfillment.

It is not the part of these pages to comment upon the Book of Mormon, the " golden plates," or the witnesses, as such ; we have simply given place to the foregoing as a matter of interest in connection with the history of Ray county.

Geology

The Lexington coal-bed is occasionally opened at points along the Missouri bluffs, from the east county line to Camden. Above Camden the formations dip strongly west, and the Lexington coal is no longer seen, but it is replaced by higher rocks. Around Richmond, on the waters of Crooked river, the coal is worked at many places. The mines near the east county line are worked by horizontal driftings. *

2 - 2 feet, equivalent to No. 15 (4 feet limestome: irregularly bedded: gray and drab: sometimes quite nodular: generally coarse grained. Abounds in Chcetetes milleporaceons, contains cylindrica and Athyris subtiiita), of Lexington section; color, light drab.

A half mile farther west the above rocks are found lower in the bluffs, with the upper beds exposed, thus: - Section 174. No. 1 - Slope. 2 - 15 feet drab, sandv shales.

*If local narnes of coal banks, mentioned in this chapter, have been changed, the intelligent reader will, no doubt, remember their locality from the names here used; and will understand, at all events, that only Ray county coal is referred to.

One mile west of this, the limestone equivalent to section 173, No. 4, (21 of Lexington section), was observed ten feet above the bottoms, indicating the position of the Lexington coal just two feet below the line of their surface.

At Smith's mill, three miles northeast of Richmond, the Lexington coal is reached in a shaft forty feet in depth. Its place is near the level of water in Crooked river, at Searcy's and Harberson's.

Anlysis Of Smith'S Coal

Limestone No. 25, which forms the roof of the coal, is seen at many places on Crooked river, northeast of Richmond, and along the stream to two miles northwest of Richmond. The following (section 176), illustrating the rocks above the coal, was observed two miles north of Richmond, on Crooked river.

J. S. Hughes' coal mines are located one mile south of Richmond, on south-west quarter of section thirty-one, township fifty-two, range twentyseven, on line of St. Joseph branch of Wabash, St. Louis & Pacific railway. Their shaft is ninety-five feet deep from the surface. From the bot- torn, entries extend east and west for over five hundred feet, the coal varying from twenty-two to twenty-eight inches in thickness, including the top five or six inches of good coal, then one to two and a half inches dark clay resting on good coal. The overlying bituminous shale is generally two to four inches thick; only at one place on the river was it observed one foot thick, ft contains calcareous matter, with some fossil remains. The underlying clay is one foot to eighteen inches thick, thus giving a clear space between the cap-rock and bed-rock of four feet three inches to four feet six inches, or enough room for small mules to work.

The following is a section of his shaft, which is located on the southwest quarter of section thirty-one, township fifty-two, range twentyseven west: half miles south of Richmond, * * * the coal is taken out from drifts run in horizontally for several hundred feet. The coal is two feet thick, with a two inch clay seam five inches from the top. The over- lying bituminous shale is about four inches thick, and the under clay one foot, making quite a limited space between the roof and floor. An analysis of the coal, by Mr. Chauvenet, gives:

The North Missouri mines * * * are at the lower end of Camden. The shaft is sixty feet deep and the platform sixteen feet above the railroad track. From the bottom entries are extended in various directions: 280 yards north, 500 northwest, 190 west, and 100 east. * * The coal, nineteen to twenty-one inches thick, is black, brilliant, with a little clay three inches from the top, and a few knife edges of iron pyrites in the upper part. The lower one inch is shaly, with three inches black under clay resting on fire-clay. The coal is jointed, with calcite plates in the joints. In the bed of the ditch below the railroad, opposite the shaft, are thin beds of limestone, equivalent to No. 23 (three feet shales and thin beds of limestone abounding in Ch. Smit/mij) and containing Spr. earneratus, Pr. costatus, Hemifronites crassus and At Ayr is subtilitd) of Lexington section, some of them forming very pretty slabs, covered with fossils, viz: Hemipronites crassus, c/ione/es, -producti, etc. A few feet above it is limestone corresponding to No. 21 of Lexington section; the top of the latter being twenty-one feet below the mouth of the shaft, indicating the position of the coal to be quite low.

These mines, about one-quarter of a mile above the north Missouri mines, and also on the railroad, are owned by Thomas Collins. The shaft is fifty feet deep. From the top of the shaft to the railroad track is twenty feet. The driftings extend far into the hill. Intersecting them is a passage for ventilation, which terminates at an air shaft near the main shaft, and seems to give thorough ventilation. Coal measured at various places in these mines was eighteen, twenty-two, twenty-three and twentyfour inches; average, about twenty-three. From one to one and one-half feet of bituminous shales on top, and one to two feet of fire-clay beneath ; an average of about four and a half feet between bed-rock and cap-rock. The height of main entry is four feet near its mouth, and farther in, three feet. Cap-rock, seven to eight feet thick. A very fair coke was made from Collins' coal, of which the following is the analysis by Mr. Chauvenet:

The shafts at Camden are sunk from a terrace on the hillside. A quarter of a mile above Collins' mines, the Lexington coal is seen, near the grade of the railroad, having risen thirty feet from Collins' shaft. This may explain the fact of more water being in the north Missouri mines than in the second Ray county mines, the water passing between the eastward dipping strata, from the second Ray county to the north Missouri mines.

A little farther west, I observed cropping out in a gully, nine feet nine inches below the railroad, three feet of ash blue limestone, referable to No. 32 (fifteen inches limestone; pyritiferous ; color blue; hard; one bed; shelly on top; contains small univalves on the surface,) of Lexington section, and resting on four feet of slate and shale, with six inches of coal below. One hundred and fifty feet west, the coal is five feet above the railroad, and for the next three hundred feet the rise is four feet. A quarter of a mile west of Camden the rocks dip about one in twelve.

Eight hundred and twenty feet farther, a shaft sunk forty feet struck limestone, No. 21 of Lexington section, indicating a dip of fifty-eight feet in eight hundred and twenty feet, or one to fourteen.

Swanwick Shaft

The slate over the coal is almost entirely wanting here; the limestone generally resting directly on the coal, but the under-clay correspondingly thickens - a fortunate provision of nature - as,o therwise there would not be room enough to mine. The section from hill top here is the following:

No. 2 - 4 feet limestone, weathering brown, and ringing under the hammer; mntains Athyris, Spr. camera/ us, chatctes millcporaceus and Crinoid stems.

Around the hill and associated with limestone (probably the same as No. 4), I found amber-colored crystals of heavy spar; also a little iron ore. In the limestone I observed Spr. Kentuckensis and Sfr. /meatus.

Top. Middle. Bottom

Ash-blue limestone, which mav be hydraulic, abounds two miles northeast of Richmond, and similar rocks are found at most of the coal banks near Richmond and Camden.