Buffalo County, Nebraska - Chapter 7, 1916

Chapter 7

On March 4, 1867, on proclamation of President Andrew Johnson, Nebraska became a state. As before noted, at the second session of the Territorial Legislature which convened December 18, 1855, Buffalo County was named and its l)Oundaries defined. Of the other counties in the territory named and their boundaries defined, not one adjoined Buffalo County. In fact until the year 1858 there was not a county adjoining Buffalo County. The establishment of Fort Kearney in 1848, the fertility of the Wood River Valley, the enormous emigration over the trail north of the Platte River, doubtless led many people to make temporary settlement along the trail and within the limits of Buffalo County as first named and bounded. When the county was named and its boundaries defined in 1855, Nebraska Center was named as its county seat. In the year i860 the county seat was known as Wood River Center and now known as Shelton. It was at Wood River Center that the election of county officers was held in the year i860 as reported by the Huntsman's Echo. From the earliest history which we have of the county there was a "center," a village as it were, at that point.

It is not difficult to understand why county organization in Buffalo County liccame disorganized under the territorial form of government and other conditions which existed at that date, when we consider that all lands comprised in said county (except the Fort Kearney Military Reservation) were Pawnee Indian lands until ceded to the general Government in the year 1857. That these lands were not surveyed and opened to settlement until the year 1867. That in the year 1871 Indians were still hunting wild game over the prairies of the county. That the first piece of land owned by an individual in the county was the "Boyd Ranch," purchased from the Government by Joseph Boyd in the year 1867, and that when the county government was reorganized in the year 1870, there was not a land owner l\v purchase, by deed, by pre-emption or by homestead claim

Patrick Walsh

Pioneer settler of Buffalo County in 1865. Served as county judge, deputy county clerk, deputy county treasurer, deputy superintendent of schools and county commissioner.

in the county except James E. Boyd, owner of the Boyd Ranch, who was then living in Omaha. In territorial days and previous to 1870, settlers in the county were not land owners, were not home builders ; with a few exceptions such as the Walshs, the Olivers, the Dugdales, the Ow^ens, the Slatterys, the Nutters, August Meyer, and a few others, they were a migratory class and if one held a county office he, seemingly, did not deem it important to keep an official record of his administration of the office and when he "moved on," as most of them seem to have done, he took with him whatever of official record of his office he possessed.

Re-Organization Of Buffalo County

The tradition as it relates to the re-organization of Buffalo County is substantially as follows : In the year 1869 Patrick Walsh, Martin Slattery, together with Sergt. Michael Coady, who was stationed at Fort Kearney in Kearney County, and others, sent a signed petition to Governor David Butler asking that an election be called in the county preliminary to the organization (or reorganization) of the county. In response to this petition Governor Butler issued a proclamation, of which the following is a copy as found in the official records of the executive office of the state :

"Whereas : The county of Buffalo in this state became dis-organized in the year 1867 by the removal of the county officers to the territory of Wyoming, and

"Whereas, A large number of the citizens of the said un-organized county of Buft'alo have united in a petition asking that an election be called for the purpose of choosing county officers preliminary to the organization of said county,

"Therefore, I, David Butler, Governor of the State of Nebraska, by virtue of the authority in me vested, do hereby order that an election be held in the school house in precinct No. i, of said Buft'alo county, from 9 o'clock a. m. to 6 o'clock p. m. on Thursday the 20th day of January, 1870, for the purpose of choosing three county commissioners, one county clerk, one county treasurer, one sheriff, one probate judge, one county surveyor, one county superintendent of schools, one coroner, three judges and two clerks of election, and, I hereby designate and appoint Edward Oliver, Patrick Walsh and William C. Booth as judges, and C. S. Johnson and William Nutter as clerks to conduct said election in accordance with the 'Act for the organization of counties' approved June 24, 1867, and the election laws of the state.

returns of this election in the office of the secretary of state disclose the result as follows: Probate judge, Patrick Walsh; county clerk, Martin Slattery; county treasurer, Henry Dugdale; county sheriff, Roger Hayes; road supervisor, Augustus Meyer; coroner, J. T. Walker; county surveyor, Geo. P. Russell; county cx)mmissioners, A. C. McLane, Thomas Wood, Edward Oliver.

First Regular Election

All voters were required to register in advance of an election ; there were thirty-five registered voters in the county, and thirty-eight tax payers.

The result of the election, so far as given was as follows: Probate judge, Patrick Walsh; county clerk, Michael Coady; county treasurer, Henry Dugdale; county sheriff, John Oliver; county commissioners, Charles Davis, W^m. C. Booth, Edward Oliver. fl

Thomas K. Wood was chosen superintendent, but it is not known whether he qualified or not. At a meeting of the county commissioners, November i, 1870, the following resolution was adopted: "On motion, P. Walsh was appointed superintendent of schools in Buffalo County in case Thomas K. Wood, elect, doesn't qualify." Sergt. Michael Coady was not a resident of the county, being stationed at Fort Kearney, but he accepted the office of county clerk and furnished the new-born county an iron-bound box, secured at Fort Kearney, for the safe keeping of the records. All the records of the county were in the keeping of Patrick Walsh, who, in addition to his duties as county judge, was also deputy county clerk, deputy treasurer and deputy superintendent, but it appears that Sergeant Coady was present at all meetings of the commissioners and that his advice was sought and followed in all county affairs. It appears that Sergeant , Coady was a friend in need and a friend indeed to all early settlers. ]-:^

A. Abbott Employed To Prosecute W. H. Platt

EMPLOYED AS COUNTY ATTORNEY W. H. PLATT EMPLOYED TO COLLECT DELINQUENT TAXES; FEE ONE-HALF OF AMOUNT COLLECTED; PLATT's CLAIM, $2,148 A. ABBOTT EMPLOYED TO PROSECUTE W. H. PLATT.

In recording the proceedings of the tirst meeting of the board of county commissioners one would naturally expect to find entered of record the proclamation of Governor Butler calling the special election held on January 20, 1870, together with the result of the election and at least giving the names of the officers-elect, but nothing of this character appears in the minutes of this first meeting and while the returns of this electioil, as now on file in the office of the secretary of state, disclose that A. C. McLane, Thomas Wood and Edward Oliver were elected county commissioners, the minutes of this first meeting, now on file in the office of the county clerk, disclose that County Commissioner-elect A. C. McLane was not in attendance and that Samuel Boyd (a younger brother of James E. and Joseph Boyd) served as one of the commissioners. ^ QCtrcrAtr

"At a special meeting of the board of county commissioners of Buffalo County, held pursuant to public notice, at Nebraska Center on the 26th day of February,. 1870. Present, Thomas K. Wood, Edward Oliver, Samuel Boyd, commissioners. Resolved, that the County of Buffalo, in the State of Nebraska, be divided into three precincts, Nos. i, 2 and 3, the first precinct to be bounded on the east line of Hall and Buffalo counties and on the west by the west end of section 31, Union Pacific Railroad (the section referred to is now embraced in the corporate limits of the City of Kearney) ; and Precinct No. 2 to be bounded on the east by the west end of section 31, Union Pacific Railroad, and on the west by Stevenson Siding, Union Pacific Railroad ; and Precinct No. 3 to be bounded on the east by Stevenson Siding, Union Pacific Railroad, and on the west by western line of the county. (The Stevenson Siding referred to is, as recalled, now known as Odessa.)

"Resolved, that all whisky saloonkeepers shall pay $25 per annum and $25 per annum for each billiard table; also John Oliver was appointed sheritT and assessor for Uuffalo County. On motion the meeting adjourned.

"County Clerk. "By Patrick Walsh, his deputy." While from the above minutes it appears that John Oliver was appointed assessor for the county, it appears that later James Oliver was appointed and served as assessor, thus being the first assessor in the county.

The total valuation of the county for taxable purposes in 1870 was $788,988; 97 per cent of this amount ($769,998) was the value of railroad and telegraph property and only 3 per cent that of personal property of settlers, there being only one quarter section of deeded real estate in the county, that, the "Boyd Ranch." As will be noted the levy for county purposes was 11 mills, which included 2 mills for schools ; deducting the school tax we have 9 mills levied for county purposes in 1870.

It may be of interest to compare valuations and tax levies as between 1870 and 1908. The total value of all property in the county for taxation purposes in 1908 was $35,276,110; of this amount $1,468,945.35 was for railroad, telegraph ,and telephones, or about 4 per cent of the total compared with 97 per cent of the total in 1870. The levy for county purposes in 1908 was 8 mills as compared with a 9-mill levy in 1870. In 1870 there was raised $7,100 for county purposes; in 1908, $56,z|4i, an increase of 800 per cent. This statement includes only -county expenses and does not include state, school or village taxes.

Herewith is copied the record of the county commissioners wherein was allowed the first claims against the county. These claims were allowed at a meeting held January 3, 1871, and the record is as follows:

It is interesting to note that Mr. Walsh served and drew salary as county judge, superintendent of schools and deputy county clerk, also that the county paid $1 each for warrants issued. At a meeting of the county commissioners held in 1870, W. H. Piatt of Grand Island was employed as county attorney at a salary of $150 per year and traveling expenses. At a meeting of the county commissioners held July 5, 1871, the following w^as adopted: "Resolved by the board that W. H. Piatt be and is hereby authorized to collect the Union Pacific Railroad taxes for the years A. D. 1868 and 1869 for payment of which he is to receive the one-half of all he collects, otherwise no pay." On August 15, 1871, in the commissioners' record appears the following: "On motion the county treasurer is hereby authorized and allowed to settle with the Union Pacific Railroad Company, and to receive from said company the sum of $4,297, taxes for the years 1868 and 1869 and the sum of $10,703 taxes for the year 1870 and that he be empowered to receipt in full for the taxes due from said company for the above years mentioned." "On motion it was ordered that a warrant be struck to W. H. Piatt as attorney for the collection of taxes of 1868 and 1869 for $2,148.50, being one-half of the taxes collected for said years and the same to be paid from the taxes collected from said years, a proportionate part to be taken from each fund."

From the records it appears that P. Walsh was at this date, July 5, 1871, serving as county judge and also as county treasurer, while Sergt. Michael Coady was serving as county clerk, with F. S. Trew as deputy clerk. It is recalled that when it became known that W. H. Piatt had received over two thousand dollars for collecting county taxes, and which, it appears, he had only to ask for in order to have paid, there was a great outcry raised and it was openly charged that all the county officers were engaged in the steal. At the October meeting of the commissioners it is recorded that "The Hon. W. H. Piatt generously returned county warrant No. 52 with $826.35 ^^^ thereof for cancellation, being the one issued at last meeting of county commissioners for collection of delinquent railroad taxes for years 1868 and 1869." In the records of the county commissioners it later appears that O. A. Abbott of Grand Island was employed by the commissioners to prosecute W. H. Piatt in the endeavor to secure a return of the money paid him for collection of delinquent taxes, and while it appears that the county paid $45-35 as costs in such a suit there is no record, so far as can be learned, that any further portion of the money thus paid Mr. Piatt was refunded.