Custer County, Nebraska - Chapter 4: County Orgaxizatiox Axd Development, 1919

Chapter 4: County Orgaxizatiox Axd Development

The Proposed Garber County - Kouxtz County - Governor's Proclamation - First County Officers - First Meeting of Supervisors - First Voting Places - First Election Results - The New Officers - Custer County Judges - The First County Assessment - Names of Those Who Have Served as County Clerks - Clerks of District Court - County Treasurers - Registers of Deeds - County Superintendents - Official Roster of Custer County - A Noted Sheriff - Multiply' \"oting Precincts - The Last Precinct Supervisors - The New Board - Brand Commissioners - County Division - First Land Documents - The Evolution of the Court House - The Custer County United States Land Office - Kinkaid Bill Goes into Effect - New Law Takes Effect - A Quiet and Orderly Crowd - Crowd Gets A Rest - The Land Entries - Opening of the Military and Forest Reserves - Personnel of the Notaries - Letup. Stop. Over, and Rest

From the vast sweep of an almost endless prairie, entirely without human inhabitants, save marauding tribes of primitive red men, to a white population numerous enough to justify the organization of a county, is a far cry. Prior to June. 1877, the territory now com- I'rised in Custer county covered all the distance between the uninhabited waste and the nucleus of organized government. L'nder early conditions the cattlemen or ranchers had been compelled to pay taxes to the organized counties on the east. They had no benefit from any taxes paid and no enforcement of the law. If lawless characters committed depredations, ran off or branded their stock, there was no recourse of law. Of course the cattlemen never expected that this would become an agricultural territory. It seemed evident to them that it would always be a range country and cattle-raising the chief industry; still, they must have some semblance of law, there must be some way provided to punish cattle thieves and, perhaps, a few schools would have to be established. In order to accomplish this, it was evident that county organization should be established and maintained.

County organization began to be talked over. Several meetings were held at different times for the purpose of taking steps toward organization. One of these meetings was held in the residence of Nc George, at which were present Frank Young, L. D. George, Coe Kilgore, and Joshua Woods. No action was taken, however, and in different places were held several other meetings, which were barren . of results so far as effecting organization was concerned.

During the winter of 1875 a bill was introduced into the legislature, and passed by both houses, authorizing the organization of a county to be known as Garber county, comprising a territory of twenty-four miles square, lying immediately west of A'alley county. It did not appear, however, that the proposed new county had enough inhabitants to support and maintain, through taxation, a county organization. So. the proposition received the veto of Governor Garber. The governor's veto did not take into consideration the fact that the new county was named in his honor. The territory includ'-d in the bill to create Garber county was about one-fourth of the present Custer county, and on the basis of the precinct organization would have included the precincts of Sargent, West Union, half of Milbum, most of Lillian, all of Garfield, Douglas Grove, Comstock, Spring Creek, W'esterville, some of Berwyn, and about one-fourth of Broken Bow. The southwest corner of the county would have been located in the present townsite of Broken how this name came to be applied or who was the first to apply it, is not known. The government, however, seems to have given some recognition to this cognomen. The early postofifices of the county were designated as being in Kountz county. Nebraska. This statanent concerning the counties accounts for the conflicting opinion that prevails among early settlers concerning the first covuity names. Some state positively that Custer

Old Cottonwood tree on the .Anton .-\bel rancli, south of the Lonp river, where was held the last meeting to effect county organization, in 1877. This meeting named the county and chose the officers who were later appointed by the governor. The only two survivors of that meeting are shown in the above picture and are J. J. Douglass and Al. \\ ise, both of Callaway.

Exclusive of that portion of the county which wanted to be organized into Garber county, all the rest of the unorganized territory west of \'alley and Sherman counties was known as Kountz county, so named after Kountz brothers, wealthy bankers of Omaha. Just

.\gitation for the new county continued and finally culminated in the organization of Custer county. The taxpayers of the unorganized territory were growing continually more restless im<ler the assessment of high taxes which they could pay but could not spend. This left them, they declared, holding the hot end of the poker. Other organization meetings were held and the agitation kept up. Eight ranchmen met one day under a tree on the Frank H. Yo'Ung place and took the preliminary steps toward organization. A later meeting at which thirteen ranchmen were present finally put the machinery in motion. This second meeting was held at the Anton Abel ranch. The first officers were recommended to the governor by the men in attendance at this meeting.

In the legislature of 1877, the Hon. J. II. ]\IcCall, of Dawson county, came to the rescue of these settlers and introduced in the legislature the following bill, which accordingly passed both houses and was signed by Governor Garber :

Section 1. That all that portion of the state of Nebraska, commencing at the southeast corner of township thirteen (13), north of range seventeen (17), west of the sixth principal meridian, thence north to the northeast corner of township twenty (20), north of range seventeen (17), west, then:e west to the northwest corner of township twenty ( 20 ) , north of range twenty-five west, thence south to the southwest corner of township thirteen (13), north of range twenty-five ( 25 ) , west, thence east to beginning, shall constitute the county of Custer.

It is not known who is entitled to the distinction of naming the new county, but it wa^ named "Custer" in honor of the gallant Indian fighter who perished with all his command at the memorable battle on the Little Big Horn the previous summer, 1876.

In May a petition was sent to Governor Garber, signed by most of the cattlemen of the county, asking for the appointment of temporary officers to complete the organization of the county, as follows :

We, the undersigned, inhabitants of Custer county, Nebraska, and taxpayers therein, petition you to appoint and commission James Gasmann, Anton Abel, and H. C. Stuckey as special county commissioners, and Frank H.

Young as special county clerk of said county for the purpose of forming a permanent organization for said county, and that you will appoint and declare the southeast quarter of section 23, in township l.S north, range 22 west, as the temporary county seat of said county, and for this we will ever pray.

Personally appeared before me, a notary jniblic in and for Dawson county, Nebraska, James P. Paxton, Frank H. Long", and James Gasmann, who, being duly sworn, depose and say that they are resident freeholders in the county of Custer and state of Nebraska, that such county contains a population of not less than two hundred inhabitants, and that ten or more of such inhabitants are taxpayers, and further they say not.

The following letters and recommendations from prominent citizens of Dawson county were forwarded with the petition to the governor, and may be interesting as a part of this history :

Dear Sir - Several of the citizens of Cnster county have been speaking to me about the organization of that county, and desire me to write to you about the matter. There is quite a large amount of personal property owned by the citizens of that territory, and under the present status it is under the control of no one. One-half of the county is in this judicial district, and the other in the sixth. Mr. Young, a resident of that county, will call upon you for the purpose of seeing about the matter, and will explain the situation to you. I feel like accommodating them if it can be done. Please let me know the situation. Yours, etc.. C. J- Dilworth

Sir - I am acquainted with a great many of the residents of Custer county and they all are very anxious to be in running order, and it would be a great help in stopping the cattle and horse stealing. I am personally acquainted for a long time with F. H. Young, and can recommend him in every respect. R. F. James, Sheril? Dawson county, Xebr. We have read the statement of Mr. James and believe it true in everv particular. H. T. Hedges, P. M. ' E. S. Stl'ckev, County Treasurer H. O. Smith, Deputy Sheriff T. L. Attorney at Law W. H. Levgel, County Clerk R. B. Pierce, County Judge

Dear Sir - Enclosed find letters from the county officers in regard to Custer county. Mr. ^lacColl is absent and will not be back for about two weeks : the other officers all signed the papers. I would like to get the commission by return mail, if possible, as I am in a hurry to get out of Custer county to look after my calves, as it is time to brand them. Hoping you will give this your early attention, I remain.

Whereas, .\ large number of the citizens of the unorganized county of Custer have united in a petition asking that the said county be organized and that James Gasmann, Anton Abel, and H. C. Stuckey be appointed special county commissioners, and Frank H. Young be appointed special county clerk of said county, for the purpose of forming a permanent organization, and that the southeast quarter of section twenty-three, in township fifteen north, range twenty-two west, be designated as the temporary county seat of said county of Custer, and it appearing that the said county contains a population of not less than two hundred inhabitants, and ten or more of said petitioners are taxpayers and residents of said county :

Xow, therefore. I. Silas Garber, governor of the state of Xebraska, in accordance with the memorial of said petitioners, and under and by the authority in me vested and in pursuance of the statute in such cases made and provided, do declare said county to be temporarily organized for the purpose of permanent organization, and do appoint and commission the persons above named as the special county commissioners, and the said person above named as special county clerk of said county, and do declare the place above named and described as the temporary county seat of said county.

Done at Lincoln, the capital, this twentyseventh day of June, in the year of our Lord one thousand eight hundred and seventy-seven and of the independence of the L'nited States one hundred and first, and of this state the eleventh. SiL.\s G.\rber

First Couxty Officers

Prior to the issuing of the proclamation by Governor Garber, establishing a temporary organization for Custer county, a meeting had been held at the home of Frank Young at which were present E. J. Boblits, Al Wise. J J. Douglass. Joshua Woods. \'ergil Allen, and other early settlers to the number of thirteen. This meeting recommended the appointment of Frank Young as temporary county clerk, .\nton Abel, James Gasmann, and H. C. Stuckey as county commissioners, and accordingly the governor was petitioned for their ap])ointment. Complying with the request the governor named these men for their respective offices and they liecame. by the governor's proclamation, the first officers of Custer county.

First Meeting Of Supervisors

commissioners met at the temporary county seat and the}' were ckily sworn into office. Frank H. Young had taken the oath of office as county clerk in the governor's office at Lincohi, so when the supervisors had been duly inducted into their office, they were ready to commence business. The first matter of business attended to was the passing of an order calling for a special election to be held on Tuesday, the 31st day of July, 1877, for the purpose of electing a county judge, a sheriff, a clerk, a treasurer, a coroner, a surveyor, and three county commissioners. The matter of selecting a county seat, or of making the temporary county seat the pervoting place should be the home of Joshua Woods. In precinct number two all the electors were to resort to the home of Anton Abel, the third voting precinct was in the home of E. Halloway. This last voting precinct was so far to the south end of the precinct that the New Helena people objected and, at the first opportunity, presented the first petition ever presented to a Custer county board praying for a new precinct. As this request was granted, this special election of July 31 was the only election ever held while the county was divided in only three precincts. The election came off in due form. Fifty-eight votes were cast, which constituted

After the special election had been provided for, the three commissioners proceeded to chop the county up into three voting precincts, which they did by cutting off tiers of townships running clear through the county from north to south on the east end of the county and constituting that as precinct number one. Another three ranges of townships west of first precinct and running through the middle of the county constituted the second precinct, while the remaining three tiers of townships on the west end of the county became the third precinct.

the sum total of the new county's voting strength. It was the first election, it was being held far from the centers of eastern civilization and, consequently, form and ceremony were little observed. In the third precinct they did not go to the formality of administering the oath to either judges or clerks, consequently the vote in the third precinct was thrown out when an official canvass of the vote was made by the county commissioners.

The election, however, was an event long remembered in those days, conducted under a purely western regime. The voters came early and in most cases stayed for dinner with the judge of election, who was also host for the occasion. It is related that not more than three or four voters in ea:h precinct made the trip to the polls and back without trading horses. One early narrator makes the too extravagant claim that more horses were traded that day than votes cast.

First Klicction Results

When the supervisors assembled in August to canvass the returns of the special election, they rejected the vote of the third precinct, for reasons that have been previously statetl, and, on summing up the returns from the other two i>recincts, announced that the temporary county seat was to be the permanent county seat, and that the following officers were duly and regularly elected :

AH of these officials filed their bonds, which were accepted by the newly elected county judge. Equipped with these officers, the Custer countv shi]) of state was ready to sail. The New Helena people were on hand with tlieir petition requesting a new precinct witli a voting place in the New Helena postoffice, which was then in the home of Judge Mathews, it was an accommodating board of conimissioners that received the petition, hence the re(|uest was granted, and never since that time has this been a county of three precincts.

The special election was scarcely over before the commissioners and the people began to campaign for the regular election in November of the same fall, only four months off. The regular election came on and was belli in the four voting places. This time all the judges and all the clerks were sworn into office, the voting proceeding regularly, and counts were didy made and returns sworn to. Horse trading came in for its regular ])lace on the program and several cleverly hidden spavins went home with new

The Xew Officers

The same commissioners, Abel, Gasmann, and Kilgore, were retained in office, S. C. Stuckey w^as retained as treasurer, Joshua Wood as sheriff, Charles R. Mathews as coroner, but John W, Benedict was made county surveyor, and Wilson Hewitt was elected county judge.

The early records of the county are very meagre. No official roster has been kept. It is a hard and laborious task to trace the proceedings of county commissioners, to fill out in detail the official roster, or to name the men in succession who have served the county in various capacities down to the present time. Some of these early officers performed very little service. They had no offices other than their own residences, so that in fact the county seat was scattered all over Custer countv, according to the places where officials had their residences. Salaries were small, son^e offices, in fact, being without any salary attached, and for services rendered the incumbents were remunerated only by a nominal fee. The offices were not as attractive as they are now - they were not considered plump I'lums to be grabbed every time some power shook the political tree. There were no conventionalities : a county official w-as in his office and rcadv for business whenever and wherever he was found. If the treasurer was in the hay-field when a taxpayer came along with the money, there was a lousiness transaction forthwith to which Custer county was I'artw

It took one lovelorn candidate for matrimony three days to hunt up the county judge in order to ])rocure a license, and when he located the judge, that official had to stop lighting fire long enough to grant the license. lUit if it took some time and trouble to locate the office and the officer, there was no difficulty about formalities when they were found. .\ judge would enter in a day-book a statement that a marria"'e license had been issued to such and such parties, then proceed to perform the ceremony and make the same entry do for both the license and return. Ceremonies, too. were simple and informal. It is related that when Judf^e llolilits performed his first marriage ceremony he simply said : "If you folks want each other for husband and wife you are married. And what God and Boblits have joined together let no man put asunder."

The statement has been made that all the men who have served Custer county in the capacity of county judge during the past fortyone years are still alive and in a reasonable state of health. This is a very remarkable fact. Great pains have been taken to ascertain if the statement is correct. Louis Wambsgan was elected county judge at the first election ever held in Custer county. He filed a bond and took the oath of office but never transacted any official business other th.an to pass on the bonds of the first officers. Four months later, at the time of the regidar election, he was not a candidate for re-election and Wilson Hewitt was elected county judge. Hewitt was sworn into office in January, 1878, and in April of the same year resigned. The board accepted his resignation and appointed E. J. Boblits to fill the vacancy. At the next regular election, in the fall of 1878, Boblits was regularly elected as his own successor and served for two more years. In the fall of 1880 Judge C. R. Mathews, of New Helena, was made the county judge. From that time on the following have served as county judges in the order named: Judge John S. Benjamin, Judge Arthur H. Kilgore, Judge John Reese, Judge H. J. Shinn, Judge J. R. Rhodes, Judge J. A. Armour, Judge A. R. Humphrey, Judge H. C. Hokomb, and Judge N. Dwight Ford, who is the present incumbent.

The first assessors to serve the new county were VV. H. Comstock, Coe Kilgore, H. A. Chapin, and I. P. Bell, who were appointed to assess all taxable property in their respective precincts. In the spring of 1877 W. H. Comstock had been ajjpointed by the authorities of Valley county to assess the property in the Custer county territory. This was done and returns made to Valley county but later an agreement was made by which the tax was collected by the Custer county officials and paid in to the Custer county treasurer. This was the first revenue coming inio the coffers of the young county.

In the spring of 1878, eight months after the organization of the county, the first assessment was made by the assessors mentioned in the foregoing paragraph. When the returns were compiled it was found that the young county had taxable property to the amount of $136,054.50.

N.-Vmes Of Those Who H.We Serx'Ed As County

Frank H. Young was the first clerk to serve the county. He was one of the most efficient officers that every served in any capacity. He was first appointed by the governor and afterwards elected at both the special and regular elections in the year of 1877. He served for three years and six months. Since his retirenient the following men have served in the order named : Wilson Hewitt, J. J. Brown, .V. W. Hyatt, George Richtmyer, J. B. Osl)orne, George W. Dewey, Joseph E. Pigman, W. H. Osborn, Jr., Robert E. Waters, present incumbent.

Clerks Of District Court

A complete roster of county officers has been very hard to obtain. Some of the offices have been created since the organization of the county. In the early days the county clerk served also as clerk of district court until the office of clerk of district court was instituted, in 1888. Those who have served the county as clerk are Wilson Hewitt, J. J. Brown, J. J. Douglass, S. M. Dorris, James Stockham, C. T. Orr, George B. ]\Iair, and the [iresent incumbent, Jess Gandy.

County Tre.Vsurers

S. C. Stuckey. C. T. Crawford. Dr. R. C. Talbot. \V. C. Bidwell, Hues Brown. David Weimer. H. Lomax. }ilark Schneringer. W. A. George, J. E. Cavenee. Clarence IMackey, and yi. S. Eddy, the present incumbent.

Registers Of Deeds

The office of register of deeds has had five occupants. It dates from 1894. when D. \\". l.anternman first filled the office. His successors have been Charles H. Jefifords, C. O. Linn, J. T. Wood, and the present recorder, George E. Porter.

County Superixtexdexts

The office of superintendent of public instruction is one that dates from the organization of the county. The first superintendent was E. D. Eubanks. who served five years and who at one time might have said that he was superintendent of public instruction in a county in which there were no schoolhouses. It was during his regime that the first districts were organized and the first schools established. The following men have filled the office of county superintendent since the retirement of E. D. Eubanks as a public officer: D. M. Amsberry, C. F. Randall. \V. H. Hendrickson. H. H. Hyatt, J. J. Tooley, J. G. W. Lewis. H. M. Pinkney, G. E. Lewis, and T. C. Grimes, who is filling the office at the present lime.

Official Roster Of Custer Couxtv

One of the men who has served as sheriff of Custer county rendered such excellent service and in so many ways made himself both prominent and useful that a somewhat ex- tended mention may not be out of place in this connection, although it is not the policy to bring biographical sketches into this department of the volume.

Charles U. Richardson served as deputy sheriff under Eli Armstrong for three years, following whi;h he was twice elected sheriff, making in all seven years of service rendered for the county as sheriff' or deputy sheriff. He was in many ways a remarkable man. was a native of Virginia, and was a veteran of the Confederate army, in which he rendered an unusual and helpful service. He was counted too young to carry arms when he first entered the service and was made a messenger boy for Stonewall Jackson. After two years' service in this capacity he was promoted to a full-fledged soldier and served to the end of the war. He was with General Robert E. Lee at the surrender at Appomattox. He was one who participated in the famous charge led by George Pickett at Gettysburg. He was v.ounded four times and carried the effects of his wounds to the grave. He was once left for dead on the battlefield, but Charlie Richardson, as he was familiarly called, was not to be killed by bullets. He was destined for a career in Custer county, to be a homesteader, a mail contractor, and a useful citizen. It was to be his lot to die in peace, surrounded

Jiultiplv Vuti.Xg Precixcts

\'ery early in the Hfe of the new county it was found that voting precin;ts were so few and far apart that people living in remote parts were practically disfranchised. The three precincts already noted, lasted only for the first election. The first petition for a new voting precinct came from New Helena, early in the first year of the county's existence, and the accommodating supervisors granted the prayers of the petitioners. In the winter of 1878, through the influence of Judge Alathews and others living in the north part of the county, the legislature passed the following bill :

Each board of county commissioners shall divide the county into convenient precincts, and as occasion requires subdivide precincts or erect new precin;ts, alter precinct lines and whenever any portion of territory containing in the aggregate not less than one township of land nor more than four townships lyin.g contiguous shall contain not less than fifteen voters, it shall be the duty of the board of county commissioners, upon receipt of a petition signed by a majority of such voters, to constitute such territory a new voting precinct.

With the passage of such an elastic measure the jig was up. There would be no good place to stop. Of making many precincts there was to be no end. However, it all worked to the advantage of the young county. Settlers came in very rapidly. There were over two thousand voters in the county as early as 1884. Precincts were laid out, polling places were established, and by 1888 the present organization of the county was, with the exception of a few divisions that had been made recently, the same as it is to-dav.

For the benefit of future investigators, we record here the present organization of the county. Reading from left to right, com- 'mencing in the north tier, the precincts are as follows: Hayes, Mctoria, Milbnrn. West Union, Lillian first, Lillian second, Sargent, .\rnold, Cliff, Kilfoil, Broken Bow, Garfield, Douglas Grove, Comstock, Spring Creek, Triumph, Ryno, Berwyn, Westerville, Myrtle, Elim, Delight, Custer, East Custer, Ansley, Algernon, Wavne, Grant, Wood River, Loup, Elk Creek.

Over the first fegime of county organization each precinct constituted a supervisoral district and was reported in supervisors' meetings earli month until the number reached twenty-five. This made a meeting of the supervisors look like a young legislature. The liody was unwieldy and likewise expensive. It was, perhaps, the expense that started the campaign for representation on a different basis. As a result of the campaign in 1895 a change was made and the county was divided into seven super\'isoral districts with one supervisor or commissioner from each district.

The last board to serve under the old precinct basis was as follows : I. A. Reneau, Broken Bow ; L. McCandless, Broken Bow ; J A. Daily, Ansley; J. S. Spooner, Douglas; Jules Haumont, Garfield ; M. R. Foster, \'ictoria : W. A. George, Loup ; W. C. Nixon, Grant : A. Pool, Hayes ; G. W. Dewey, Lillian ; ;\I. Schneringer, Delight ; John Samuelson, Arnold ; A. C. Towle, Kilfoil ; J. C. Hutt. Clifif ; V. Schreyer, Triumph ; T. W. Carr, Elim ; H. Lomax, Wood River: B. L. Nicholas, Elk Creek; S':ott Cooper, Myrtle; R. J. Mills, Westerville, S. Neth, Custer ; A. S. Welch, Berwyn; B. P. Morris, Algernon. W'ith the passing of this board, mass meeting of supervisors was a thing of the past. In January, 1896, the new board met to resume the business of the county under increased responsibility because of reduced representation.

The New Board

The first representatives of the districts were L. \\'. Cole, district 1 ; G. W. Dewey, district 2; George E. Carr, district 3; J. C. Hutt, district 4 ; E. B. Whaley, district 3 : W. A. George, district 6: B. P. Morris, district 7. These districts have remained intact without niu:h gerr\-mandering until the present time. Under the present division, it was ordered in 1880 that each precinct constitute a road district.

One of the early officers of the county, and one not in vogue to-day, was a brand commissioner. The brand commissioner was appointed by the commissioners or supervisors and in each case, so far as the record shows, the brand commissioner was a member of the county board. In the days of cattle when everything was an open range, herds were mi.xed. and identity of stock was something that occasioned a good deal of trouble. It is charged that a good many people were very careless with the branding irons and often stuck them on to the wrong animal. Some cattle were rebranded. All this caused trouble. Disputes constantly arose. In order that every brand used by a cattle-owner might lie known, and that cattle branded with his recorded brand might be protected, the brand commissioner was appointed. It can well be imagined that he had his hands full. Anton Abel was the first brand commiss'oner. having been appointed in 1877. It did not take Anton very long to get all the glory that the office of l)rand commissioner could furnish. He was soon satisfied and in the spring of 1878 he resigned and J- D- Haskell was appointed his successor. It is recorded that Haskell was one of the best authorities on brands to be found anywhere in the western part of the state. It is claimed that he could read brands halt a mile away on the opposite side of the steer while he was going at a forty-mile clip. Mr. Haskell seems to have given good satisfaction and a great many disputes were amicably settled during his tenure of office.

With the passing of the big herds and the closing of the range there was no longer work for the brand commissioner and the office ceased to exist.

Cou.Ntv Division'

the county, division sentiment began to show itself. In September, 1879, coimty division propaganda commenced in earnest. .\ petition was presented by Phil Dufrand. which asked that the proposition of dividing the county be submitted to the people. The proposition was to cut a slice ofT from the east end of the county, which should be twelve miles wide at the south line of the county, and pass in irregular jogs to the north part of the county, the west line of- the profKJsed county reaching the north line of Custer county at a point twenty-four miles west of the northeast corner of Custer county. This new county was to be known as Hlaine county. The people voted on the proposition, but it was rejected.

Ever since the settlers landed in the county all kinds of bickering, bartering, trading, and selling have been going on. Somebody has made the statement that every acre of land in Custer county has been sold twice since the county was organized. Whether the statement is correct or not can never be ascertained. It may be interesting to record that the first United States patent for Custer county land was made to Charles A. Xale and filed with the regi.ster of deeds December 24, 1878. This patent was for the west one-half of the southeast one-fourth, section 13, and the northwest, northeast lot 1, section 22, township 18. range 17. The first deed was for the same land, made by Charles A. Xale to F. S. Nightingale, and was filed fur record Ma\- 1. 1879.

While land has been shunted around from one owner to another in a somewhat promiscuous way, much of it has been mortgaged. There was a time when it was a popular belief tiiat you could not raise corn or wheat on land that was not mortgaged. The first mortgage of record in the county, however, was not a farm mortgage but was a mortgage of the Union Pacific Railroad to Cyrus H. Mc- Cormick et al., trustees. This mortgage was filed August 26, 1878, before any land patents had been granted. The .second mortgage which reallv figures in Custer land transac- tions was made by tlenry Goodyear and wife to Henry G. Wiley, and it was filed for record December 21, 1880. The first mortgage ever released, and therefore it is to be presumed the first one paid, was one released by Charles C. Burr to Charles A. Hall and wife.

The Ex'Olution Of The Court House

Since the location of the county seat of Custer county at Broken Bow, four separate court houses have been built and used for the accommodation of the public. As an cated on the northeast corner of block 12. In this building the ofii:ers were housed and the public business transacted until the commencement of the term of officers who were elected in 1889. The county clerk, the county judge, the county treasurer, and the county superintendent maintained offices in this building.

The question of county division was always a sore question to the people in and around Broken Bow, and to placate the county-division sentiment and to meet the criticism of divisionists outside of the immediate vicinity of Broken incentive to the location of the county seat at Broken Bow the Gandy brothers, A. W., J, F'., and Jess, agreed to put up a building and donate its use to the county for court-house purposes, until the sale of county lots, under the terms of the location of the county seat made by them, would provide a fund with which to build a more commodious building. Following out their agreement, they erected a small frame building on the southeast corner of block 5, where the Custer County Chief office now stands. This was the first court house in Broken Bow.

Bow, who insisted that Broken Bow should build a court house because the town received all the advantage incident to its being center of public business, a bond proposition was duly submitted at the election of 1888 and Broken Bow precinct bonded itself in the sum of twelve thousand dollars, for the purpose of building a court house on the site selected by a vote of the people as the county seat.

These bonds were twenty-year bonds bearing six per cent. The last bond was paid on the first day of January, 1909. With the money thus obtained from the bonds, aided by private subscriptions from various people in Broken Bow, the court house located on block

0 of the original town was built. The list of private subscribers to this court-house fund has been lost, and it is impossible now to tell who the private subscribers were or the amount contributed by them toward the building of this third court house in Broken Bow. The court house was built and ready for occupancy on the first of January, 1889.

At the fall election of 1888 the political situation in Custer county turned upside down. The Republican ticket was defeated and for the first time county officers of a political complexion other than Republican were elected. It seemed a <|ucer coincidence that the new court house should be btiilt and first occupied by an entirely new set of men who were in no way charged with its building. This court house served the purpose from the time of its occupancy, commencing January 1. 1889, until it was destroyed by fire, on the 14th day of January. 1910.

Immediately after the destru:cion of this third Cdurt-house building by fire, the citizens of Broken Bow. aided by friends from other precincts, presented a petition to the county board of supervisors asking that a special election be called for the purpose of voting a tax of five mills on the taxable property of the county for the purpose of building a court house on the site of the one destroyed bv fire. The question was duly submitted to the voters of the county by the board. Strenuous opposition to this tax proposition was met from the county divisionists and the county division centers of the county. They argued, and with some for:e. that the time to divide the county was when the court house was destroyed and while no bond or tax rested on the county for public puildings. The fivemill tax-levy proposition was submitted to the voters of the county, at a special election held on the first day of March. lOJO. and the proposition to vote the tax was defeated by a vote of 2234 for, to 2213 against the proposition. In the meantime the county board had arranged their local offices here and there throughout the town, wherever they could rent a building, and the business of the county was

During the summer of 1910. county-division petitions were freely circulated, signed, and, in September, presented to the board, and the proposition of dividing the county into counties was submitted to the electors of the county at the general election in 1910. The names selected for the new counties were : Arbor, Albany, and Corn, the fourth county being the old county of Custer or what wnuld remain of it in the event that division carried. Probably as warm a county division campaign as was ever waged, occurred in the fall of 1910. The vote on the proposition at the general election showed that Arbor county received 2344 votes while there was cast against the proposition 2995 votes ; Albany county 2298. against 2975 votes; Corn county 2312. against 3001 votes. Since that time there has been no fiu'- ther effort to divide the county.

-After the election of 1910. ])etitions were again presented to the county board and a special election was called for the pur[)ose of voting a tax to build a new court house, on the site of the old one destroyed by fire. This second proposition asked for an election op the seven-mill tax, four mills to be levied and collected in 1911 and three mills to be levied and collected in 1912. This proposition was submitted to the electors of the county on the 9th day of January. 1911. It carried by vote of 2732 for the levy and 2203 against.

Immediately after the canvass of the vote, stejjs were taken to adopt a plan to let a contract and commence the erection of a court house under the supervision of the board of supervisors. The contract for the new building was let in the early spring of 1911, the contract price being $55,087.00. This was the contract price of the building alone. At the time the old court house was destroyed, the comity board carried an insurance of thirteen thousand dollars on tiie building and fixtures, and this insurance money was retained for the purpose of furnishing the new court house. Work on the new court house ]>roceeded rapid- Iv, and in the summer of 1912 the contractor

The fourth court house stands on the site of the one destroyed by fire and in every way is a model of architecture, convenience, and durability, fite-proof throughout the commodious offices, and vaultage-room sufficient to care for the public records of the county for many years to come. It is regarded by capable judges who have seen it and examined its compartments as a model court house in all respects.

Since 1890 Custer county has had a government land office located at Broken Bow. In June, 1916, the present register, M. C. Warrington, and present receiver, John P. Robertson, went into their respective positions, and the event was chronicled in the local paper at the time, giving in outline a history of the office from its inception to the present day. It is here quoted at length :

In March, 1890, by an act of congress, the Broken Bow land district was created and the office established at Broken Bow, Nebraska. On April 24, 1890, Judge John Reese, of Broken Bow, was appointed the first register and Hon. James Whitehead, the first receiver, by President Harrison, and they both continued in their respective offices until July 1, 1894, when Hon. A.' J. Robertson, of this city, a son-in-law of Judge Reese, and Hon. Charles H. Adams, of Lincoln, were appointed, by President Cleveland, receiver and register, respectively. These officials both retained their positions for a term of four years, which expired July 1, 1898.

In change of administration from Cleveland to McKinley, Hon. James Whitehead, now of Emporia, Kansas, and Hon. F. H. Young,' of Broken Bow, were appointed by President Mc- Kinley, register and receiver, respectively. Mr. Young, at the close of his first four-year term, was reappointed for a second term, but at the expiration of about a half-year, owing to the necessary press of private business, resigned his position early in 1903. On ]\Iarch 3. 1903, the day of Mr. Young's resignation, Judge Reese again entered the federal service by being appointed receiver, by President Roosevelt. The Judge served as receiver and Mr. Whitehead as register until June 24, 1906.

During the period b e t w e e n March 3, 1903, and August 1, 19 06, Judge Reese was associated with Mr. Whitehead, who was register of the land office.

( )n June 24. 1 9 0 (), J u d g e Reese preferring the office of register, which he had for m e r 1 y held, was again appointed to that position, by President Roosevelt, upon the retirement of ]Mr. Whitehead. On the same date Hon. D. M. Amsberry was appointed receiver, by President Roosevelt, to succeed Judge Reese, who had just vacated that position to assume the office of register. On the expiration of the official terms of Judge Reese and Mr. Amsberry, on June 24, 1910. they were both reappointed by President Taft. By this appointment Judge Reese received his fourth commission to a four-year term in the Broken Bow land office and Mr. Amsberry his second commission. They served together as land office officials until Alay 1, 1916, when Mr. John P. Robertson, of Broken Bow, a son of former receiver Robertson, entered upon his duties as receiver to succeed Mr. Amsberry, to which office he was appointed April 10, 1916. by President Wilson. On June 24, 1916, Hon. M. C. Warrington, of Alason City, who was appointed register by President Wilson to succeed Judge Reese, assumed the duties of office, that date being just two years to a day after the expiration of Judge Reese's last fouryears term. In jiassing it may be noted that from May 1, 1916, until June 24, 1916, Judge Reese and John P. Robertson held the offices of register and receiver, respectively, this being the first instance in the history of the Land Department of the United States where a grandfather and grandson held the offices of register and receiver in the same office at the same time, one being a Republican and the other a Democrat. Judge Reese has the unique distinction of having held the positions of register and receiver of the United States land office under the administrations of five presidents for a period covering almost eighteen years in the same office. It is doubtful if this record has a parallel in the history of the land department of the United States. During this eighteen-year period, more than three millions of acres of government land have been taken by settlers as homesteads in the Broken Bow land district. Many hundreds of contests have been decided, involving the settler's title to his home, and on appeal not to exceed ten cases have been reversed by the department. Judge Reese and his associates in the land office have reason to be proud of the prominent part they have taken in the development of central and western Nebraska as federal officers in charge of these greatly responsible positions. For the disting-iiished gentlemen who have so worthily succeeded to these responsible positions, namely, Hon. M. C. Warrington as register and J. P. Robertson as receiver, their many friends, with a confidence born of a knowledge of their merits, bespeak a continuance of the splendid record of honorable service that has been made by their predecessors in the land department of the federal government.

Kixk.Md Bill Goes Into Effect

As a result of the passage of the congressional measure known as the Kinkaid bill, more than two million acres of land were tlirown open to homesteads under provision by which entrvman was entitled to 640 acres of land. .\ ruling of the general land office at Washington provided that any homesteader already on land entered prior to June 28, 1904, was entitled to adjacent land enough to make 640 acres, and to such holders a thirty-day preference was allowed in which to make filing. All the rest was open to the entryman first coming.

This caused a land stampede that is still remembered by the people of Broken Bow and also by all who secured land at that time. The following from the Custer County Cliicf gives a faithful account of the event :

Broken Bow already shows unmistakable evidence of a big rush which is to be on in this city next Tuesday, when the time arrives for making homestead entries under the new Kinkaid bill. There have for the past several days been from fifty to one hundred strangers in the city constantly, to get pointers in regard to the grand rush. The land office has been unusually busy preparing for the work that is coming, and re])orts from the county clerks of adjoining counties show that a very large number of entries will be made. There is considerable speculation as to how the crowd will be taken care of by the land office, and what method will be adopted in regard to making entries. It is expected that there will be at least one thousand people in line when the land office opens next Tuesday morning. In nearly all land rushes of this kind a large number of pickpockets and thugs make their appearance, and on this occasion our people will be protected by government detectives and an increased force of deputy sherift's and deputy police. The town will be well policed from now on until the rush is over. In the meantime, however, it would be well for our citizens and visiting people to take a little extra precaution.

Hundreds of people clamor to make entries under the new homestead law. Broken Bow displayed considerable activity for some days prior to June 28th, at which time the Kinkaid homestead law took effect, under which law it is possible for one man to acquire 640 acres by homestead right. As early as the fore part of last week strangers from all parts of the countrv began to arrive in town. ]\Ianv of them would make inquiries in regard to the workings of the new law and would then go into the district where the vacant land was situated, make their selection, and then wait for the grand opening. Those who had preference rights, by which they had thirty days to take land adjoining their present homesteads, were resting easy, but those who were after sections of land where they knew about half a dozen parties more were endeavoring to get filings -on the same piece were, of course, uneasy and endeavoring to get what advantage was possible. On Monday morning people began to get their entry papers made out and until the early hours of Tuesday morning every attorney in JJroken Bow was snowed under with business. As early as five o'clock on Monday evening people began to form in line at the foot of the land ofifi:e stairs and started in on the long wait until the land office opened at nine o'clock Tuesday, that they might be in line to make early entries. In this they were disapi^ointed, for at eight o'clock Register Whitehead and Receiver Reese gave out the word that no line would be recognized until eight o'clock the next morning, and it was with reluctance that the hundreds of people who had maintained the line for two or three hours gave way.

A Quiet Axd Orderly Crowd

By daylight on Tuesday morning the crowd began to gather and by eight o'clock nearly two thousand people, attracted there through curiosity or through a desire to make entries, congregated about the land office, eager to have the line formed. In the meantime Governor Mickey was asked to permit the militia company to assist in maintaining the line of march. \\'hile no trouble was experienced and the crowd was nothing but a great big, good-natured, jolly lot of people, yet it was difficult to handle them without plenty of assistance, and for this reason it was that the militia could be of material help. Governor Mickey, after some delay and a good deal of telegraphing, gave his consent to the militia boys assisting, and after a half-hour's work in lining the people up, the filings commenced, the first one going over the counter at promptly nine o'clock. It was a curious sight, old men, old women, some of whom were eightv years of age, young men and young women, just past their majority, cowboys, farmers, business and professional men, ladies in plain dress and ladies in silks, waiting for their chance to take a section of Uncle Sam's land. As the day wore away, many people becairie tired and would grasp at chances to buy boxes to sit down on : many of them were fortunate enough to have umbrellas, but most of them did not. and could not leave the line to procure these comforts unless they had a friend who could hold their place for them. The cit\' officials furnished the crowd with water and the restaurant people sold sandwiches, pies, lemonade, pop, cigars, etc. It was an interesting sight to go down the line. Some people were playing cards, others arguing politics, others making burlesque stumpspeeches, and many of them singing old familiar hymns.

Crowd Gets A Rest

At three o'clock in the afternoon numbered cards, each bearing the name of the holder and countersigned by the register and receiver, were issued, and the people broke ranks, and were admitted to the land office as their numbers were called. When the people found that they were to be turned loose with numbers one enthusiastic gang started up "Praise God from Whom All Blessings Flow." The first hour about twenty people were taken care of, after that an average of twenty-five entries were made per hour. While the line was being formed an occasional favorable position would command five or ten dollars. It seems strange to some that people should be so anxious to secure this land wliich has been open to settlement for years past. If it had any particular value it would have been taken long ago in the same manner that other government land was taken. Some of it is of value, owing entirely to its location in connecting land owned by an individual or company on either side. It is the general impression that more land was entered in this grand rush than will be proved up on. The vacant land in the Broken Bow land district at the time of the passage of the law comprises about two million acres, the amount in each county being as follows :

During ten days over one thousand ap]>lications for homesteads under the new Kinkaid law. were filed in the land office at Broken Bow. Six hundred of these were made at the land office and four hundred were received by mail. The land officers and their force of clerks have been putting in long hours checking over these entries, and have passed on about five Iiundred and fifty of them. Of this number one hundred and tifty have been rejected. From now on the work of checking entries will be slower, owing to more complications arising, and it is e-xpected that it will take ten days to complete the work. The land officers are to be congratulated in handling this work as rapidly as they have.

In October of 1913 the government land in the military reserve of Niobrara and the forest reserve of IMcPherson county were opened to settlers, and Broken Bow in this county was one of the land offices at which registrations were made. The following from the local newspaper gives a good description of the event:

The _ Saturday and Sunday preceding the opening of the registration was one of unusual activity about town. People had begun to arrive early in the week and by Saturday night there were over five hundred strangers in town. The night trains brought in more, as did also those of Sunday morning, so that there must have been fully one thousand strangers in town during Sunday. By the time the last train load was emptied Sunday night, a few minutes preceding the opening, the number of people waiting to register probably exceeded fifteen hundred. The first estimate placed the number at twelve hundred, but later figures proved this to be too low.

Sunday was a beautiful day and the people passed the time by strolling about, lounging in the park and going sightseeing. ]\Iany viewed the fair grounds and viewed the wreckage caused by the tornado of last Thursday. In fact there were several hundred who paid their respects to the defunct buildings and carried away souvenirs in the shape of splinters, small pieces of board or any other odds and ends they could find. The crowd was quiet and orderly and appeared to have no inclination to indulge in boisterous conduct. Early in the day some interest was taken in a lady who planted herself in a chair in front of the registration booth and gave out that she intended remaining there until the doors opened, at twelve o'clock that night. There seemed to be some mystery attached to her at first, especially as she appeared reticent about giving her name, excusing herself with the plea that she was not seeking newspaper notoriety. Her reticence, however, was finally overcome and she turned out to be Dr. Allie B. W'einer, a prominent suffragette from Lincoln. Later in the day Dr. Weiner was persuaded to vacate her post and, during the evening she favored the waiting crowd with a spirited lecture on the suffrage question, which was well received.

In the meantime, the crowd kept growing larger and hundreds of people were endeavoring to locate the best points of vantage. The police were kept busy trying to form a regular line and keep the people in it. As the hour of midnight approached, the excitement grew intense, although there was little or no disturbance. At intervals the crowd would relieve its emotions by joining in a popular chorus someone had started ; at other times it would roar forth some well known hymn. Many women were scattered among the ranks and joined their voices with the others.

Within the registration bootli the notaries were placing themselves behind the long counter and preparing for a busy night. Over all Judge. Humphrey kept a fatherly eye, and thoughtfully chewed the end of his cigar as he looked through the glass doors at the sea of faces on the outside and speculated on just how many twenty-five cent pieces would jingle through the cashier's window during the night's rush. Sheriff Joe Wilson perched himself on the railing within the entrance, while several burly officers spread themselves across the entrance on the outside to keep the crowd in order.

A small clock belonging to one of the notaries chimed the hour of twelve. Judge Humphrey gave a last word of instruction. Sheriff Joe Wilson shouted: "Let her go," and the rush was on. The first to register was Dr. Allie E. Weimer, of Lincoln, the lady who had occupied the chair for the best part of the day; the second was Miss Emily Robertson, a Broken Bow young lady. Both of these ladies were registered by Miss Emma Scott, secretary of the notaries' association.

The first men to enter the door were two veterans of the Civil war, their names being respectively Almond Burgess, of Johnson county. Missouri, formerly of the Second Iowa regiment, and James Clayton, of Hamburg, Iowa, formerly of the Twenty-fifth Missouri regiment. Both of the veterans were extremely hopeful and signified their intentions of becoming sturdy homesteaders if they were so fortunate as to make a winning. The third man to register was Dr. A. X. Horn, a dentist of E-xeter, Nebraska. The last named registered quickly and was really the first of the trio to drop his envelope in the box.

All night long the stream of people kept up, the applicants entering by the front door, selecting any disengaged notary, registering and passing out the back door into the alley. By the time the first rush was over the morning trains arrived bringing in another batch and it was the same story over again, with this exception, that tliere was a change of shifts among the notaries and the tired ones had a chance to go home and sleep.

Xor were the trains the only conveyances bringing in landseekers. Autos galore glided into town all hours of the day and night and from all parts of the country. Up to the date of this issue, over three hundred and fifty cars have brought people to Broken Bow for the purpose of registering. One citizen taking a trip east of here Wednesday forenoon, counted in two hours, 102 autos headed in this direction, and he missed a few at that, when he turned his head to spit. Let all come who want ; Broken Bow has ample accommodations and can feed and shelter an unlimited number of people. The Burlington took care of the traffic in a manner that called forth the highest praise, and between it and the excellent town facilities there was no discomfort at any period of the rush.

During the twelve days the registration lasted, the Broken Bow authorities handled over 32,000 applicants. For the protection of the crowd, most of whom were strangers, everv precaution was taken. The eating houses did not advance the price of meals and every private house in town contributed one or more rooms. The train service was so organized, however, that no one was required to remain in town over night unless they so elected. .\ large tent office was erected in the street and maintained as a bureau of information. W. L. Gaston had charge of this bureau and organized an able corps of assistants, who were on duty day and night and left nothing undone for the comfort of the strangers.

I'Ersonnel Of The Notaries

The s])lendid organization of the notaries. l)y which they handled the crowd as fast as they arrived, can not be too highly praised. Thcv were accommodating and very efficient. Their names are as follows: I. A. Reneau. Broken Bow; M. M. Leonard. Anselmo : M. M. Ruiiyan. Mason City; W. B. Eastham, liroken

Let Up, Stop, Over. And Rest

From the beginning of settlements postoffices were in demand and. as noted elsewhere, were located in an early day so as to give best possible service to the scattered settlers. Some of the names selected for early postoffices were so peculiar and seemed to have been arranged with so much of design that we stop to record a few of them. In 1880 was established in the present vicinity of Callaway a postoffice which was named "Letup." In June. 1884, on what is to-day called the Stop Table, a postoffice was established called "Stop." In August of the same year another postoffice was established and called "Over." In November, 1890, on the West Table, a postoffice was established and given the delightful name of "Rest." Taken altogether these four postoffices, in the order in which they were established, read. Letup. Stop, Over, and Rest.

None of them is in existence to-day. Ira Ciraves was the ])ostmaster of "Letup." He had the name changed to Delight. Later it was changed to Grant and then, in August, 1886. it was changed to Callaway. "Stop" was discontinued ten years after its establishment. "Over" was discontinued in 1907. "Rest" lasted until .August. 1906.