Gage County, Nebraska - Chapter 27: County Offices and Officials, 1918

First Election L,aw - Elections - Two Early Elections - Official Roster of County Commissioners - Adoption of Township Organization - County Clerks - County Treasurers - Clerks of District Court - County Sheriffs - County Judges - County Superintendents of Schools - County Surveyors - County Coroners - Registers of Deeds - County Attorneys - County Assessors - Territorial Assemblies - House of Representatives - Members of the Council - State Legislatures - Members of the Senate.

At the second session of the legislative assembly of the territory of Nebraska, begun and held at Omaha December 16, 1855, a general election law was passed and approved January 26, 1856, which, amongst other things, provided that "an election for members of the house of representatives shall take place on the first Monday in August, 1856, and on the same day of each year thereafter." It was further provided that an election for a delegate to congress and for territorial and county ofhcials should be held on the first Monday in August in 1857, and on the same day in every second year thereafter.

The official history of Gage county began on the 7th day of August, 1857, with the form of an election by the members of the Beatrice Townsite Company, for the purpose of effecting county organization by the election of a full corps of county officials. This election was wholly irregular, though held probably on the proper date fixed by statute. It required a special act of the legislative assembly of 1859 to validate this election and give effect to the official acts of the officers so chosen. In 1858 a special election was called by the county board for the purpose of filling vacancies in certain county offices where those who had been chosen the previous year had failed to qualify. For the purpose of elections, the county board divided Gage county into two election precincts. Precinct No. 1 included the south half of the county; precinct No. 2 the north half, as then organized. The dividing line between the precincts was the line between townships 2 and 3. The entire county participated in the special election, and in 1859, at the regular election, a full set of county officials was chosen by the voters of the county.

For a period of sixty years Gage county has gone through a procession of elections, uneventful as a rule, but effective in results. If that nation is happy whose annals are without interest, then the citizens of Gage county have enjoyed great felicity during these three score years, if their annual and biennial elections are to be regarded as barometers of domestic felicity.

Perhaps an incident of the election of 1859 and one of the election of 1860 may be of sufficient interest to justify their preservation in this history. Of both elections and the incidents here narrated the writer can speak with the authority of an eye-witness.

The election of 1859 occurred on a mellow day in August and was well attended by the voters of precinct No. 2. It was held in the open street, at the corner of Second and Court streets, where the ground about the middle of

Court fell away to the north in a wide depression, to include about one-third of block 46, now owned by the Burlington Railroad Company. On the southeast corner of this block, lot 12, was the plain, board shanty of Orrin Stevens, well back from Court street, near the alley, and south of the house, at the edge of the depression, stood his straw-covered shed or stable. The entire population of the county did not exceed three hundred white persons, the majority of whom were residents of precinct No. 2. The voters about the polls that day and the spectators combined probably numbered fifty persons. The voting began some time in the afternoon. Probably about three o'clock anxious inquiries begun to be made as to the whereabouts of "Orr Stevens." Presently there arose from the edge of the prairie at Fifth and Court streets a fierce Comanche-like yell, and coming toward the polls the spectator saw a new, partly covered wagon, drawn by a span of fine mules, plunging under whip down street toward the voting place, every crack of the whip being punctuated by yells from the driver, who stood erect in the front end of his wagon. Then the cry was raised "There comes Orr Stevens," and the crowd gathered about the voting place. The team was brought to a sudden stop in their midst, the driver, a spare, light-complexioned man, slightly above medium height, with reddishbrown hair and beard, blue eyes, high, narrow forehead, descended to the ground, and with many good-natured oaths in reply to the banter of the crowd, proceeded to take out the rear endgate of his wagon, and with the help of other willing hands, brought forth a barrel of perfectly good whiskey.

It was election whiskey furnished by the candidates and representatives of the Beatrice Townsite Company, to be used in celebrating the first general election held in Gage county. The head of the barrel was knocked in and all who would helped themselves without invitation to its contents.

of human slavery in our country. The polling place in Beatrice was at "Pap's Cabin." The population of the county had materially increased since the last election, the census of that year showing 421 white inhabitants. The voters, to the number of probably one hundred, gathered early in the forenoon about the voting place. Nebraska Territory was strongly Republican, and at this polling place but two parties were represented, "Douglas Democrats" and Republicans. The seriousness of the situation seemed to be impressed upon all those present, regardless of party. There was some delay in opening the polls, and inquirywas made as to the cause. The information was then given out that those in authority were waiting the arrival of Frederick- Elwood and Johnathan Potts, who were to act as clerks of election. Presently two freshfaced young men arrived and took their places at a table prepared and in readiness foi the judges and clerks of election. They were Elwood and Potts, both residents of the Cub creek neighborhood and squatters on the public domain. Eess than a year afterward they were the first to volunteer from Gage county in the service of their country in the great Civil war. They went to Nebraska City and both enlisted in Company H, First Regiment of Nebraska Volunteers, the regimentof General John M. Thayer, John McConihe, Thomas J- Majors, Silas D. Strickland, and other Nebraska heroes of that great struggle for human liberty.

first each township was represented on the county board by a supervisor, the city of Beatrice by four supervisors. This large representation, which was both cumbersome and expensive, was changed by the legislature in 1911, providing that counties under township organization should be divided into seven supervisor districts, with a supervisor for each district. Under this law township organization in Gage county has been very effective, and the county boards have uniformly been composed of men of ability and character. The limitations of this work render it impractical to set forth the names of the supervisors from the beginning of township organization in this county. At present the 1st district, composed of Adams, Filley, Hooker, Logan, Hanover and Nemaha townships, is represented on the board of supervisors by B. H. Siefkes. District No. 2, composed of Blakely, Grant, Clatonia. Highland, Holt and Midland townships, is represented by Warren E. Chittenden. District No. 3, comprising Riverside township and wards one and three of the city of Beatrice, is represented by W. P. Carrithers. District No. 4, comprising wards two and four of Beatrice, is represented by John O. Essam ; District No. 5, comprising Rockford, Blue Springs, Sherman, Island Grove and Liberty townships, by J. W. Marples, resigned, John W. McFarren appointed to fill vacancy; District No. 6, composed of Wymore and Barneston townships, by Anton Scheideler; District No. 7, composed of Sicily, Paddock, Lincoln. Elm and Glenwood townships, by J. R. Sailing.

Prior to the passage of an act of the state legislature under date of June 22, 1867, it seems to have been the custom for judges of the district court to appoint clerks of the court in all organized counties of the territory. The act named not only authorized but also directed the judges to make such appointments. By an act of the legislature approved February 9, 1867, amending the act of June 22, 1867, the county clerks of the several counties of the state were declared to be ex officio clerks of the district court of their respective counties. This act continued in force till 1879, when an act was passed directing that in each county of the state "having a population of eight thousand inhabitants or more there shall be elected in the year 1879, and every four years thereafter, a clerk of the district court in and' for such county."

The first clerk of the district court for Gage county of which we have any record was Rienzi Streeter, of Nebraska City. He was represented at the first term of the district court of which there is any known record, beginning November 26, 1863, by Oliver Townsend as depty. At the second term of the court, held in September, 1865, he was represented by Herman M. Reynolds as deputy, and at the fall term (third), which convened October 7, 1867, he was again represented by Herman M. Reynolds. It was probably to remedy this situation that the act of June 22, 1867, was passed.

Those who held the office by appointment from the bench were H. M. Reynolds, 1867; H. P. Webb, 1868; Oliver M. Enlow, 1874; O. H. Phillips, 1876; and J. E. Hill, 1878. Those who have held the office by election under the act of 1879 are :

A. V. S. Saunders, served from 1880 to 1888, inclusive. Frank H. Holt, 1888 to November, 1891. He died on the night of the election, having been reelected for an ensuing four years' term. His wife was appointed to fill out his unexpired term, and R. W. Laflin was then appointed to hold office till the general election of 1892, when he was elected' for the full term of four years. He was succeeded by John A. Weaver, who was elected at the general election of 1895, for the full term of four years. On the expiration of his term he was succeeded by Charles L,. Brewster, January 1, 1900, and the latter was succeeded, in 1904, by John R. Quein, who held the office, by a reelection in 1907, till January 1, 1908, and was succeeded by Frank E. Lenhart, the present incumbent.

The legislature of 1887 created the office of register of deeds in counties having a stipulated number of inhabitants. Prior to that time the duties of this official had been performed by the county clerks of the several counties in the state. At the election in November, 1887, J. E. Hays was elected to this office, and he served till January 1st, 1894; 1894-1898, John T. Greenwood; 1898-1906, Charles L. Reed; 1906-1910, Charles B. Hensley ; 1910-1919, John A. Weaver.

This important, not very desirable, and poorly paid office of county assessor has been the subject of a good deal of legislation. On the 26th day of January, 1856, the territorial assembly passed a general statute respecting assessors and assessments. By that act the office of county assessor was created. !By the act of February 22, 1873, provision was made for the election of precinct assessors. This was followed by an act of the legislature in 1879, becoming effective September 1st of that year, which provided for the election of township assessors. The general revenue law of 1903 provided for the election of county assessors, who should hold office for four years and be ineligible for reelection while in office. , The legislature of 1913 provided that at the general election of 1916 and each four years thereafter there should be elected in each county in the state a county assessor, whose term of office should be four years and who should be ineligible for two successive terms. The act then provided that upon presentation of a petition to the county board not less than sixty days before a general election, signed ^ by a prescribed percentage of the electors of the county, and praying that the question of electing the county assessor of said county be submitted to the electors therein, the county board should order that question to be submitted at the general election, and that if a ma- jority of the votes cast should be opposed to the election of county assessors in that county, the office should cease with the expiration of the term of the then incumbent, and the duties of the office be thereafter performed by the county clerk. The last statute is the one now in force.

The condition of the Gage county records as respects this office is such as to render it extremely difficult to make up an accurate list of those who have held the office of county assessor under the act of 1856. In 1867 WiUiam Blakely was elected to that office, for a term of two years. He was succeeded by George Gale, in 1869, and at the general election of 1871 Charles H. Slocum was elected county assessor. He served until January 1, 1874, when, by the change in the law, as above noted, precinct assessors came into existence. Under the act of 1903 Walter W. Scott was the first assessor and held the one term. He' was succeeded by R. C. Hemphill, in 1908. At the general election of 1911 A. K. Smith was elected county assessor, but he died before taking office, and Oliver M. Enlow was appointed to and held the office of assessor until the act of 1913 came into effect and the duties of the office devolved upon the county clerk.

District and County Attorney The legislature of 1885 created the office of county attorney in all counties of the state having 2,000 population. Prior to the passage of this act the duties of a prosecuting attorney had been performed by district attorneys elected for each judicial district of the state. District attorneys for the district in which Gage county is located were uniformly lawyers oi ability and high character. One of the early district attorneys was the late Jefferson H. Broady, who, in the '70s, although a Democrat of the old school, was elected to the office in a strong Republican district, which at the time comprised the counties of Richardson, Nemaha, Otoe, Johnson, Pawnee, Gage, Jefferson, Saline, Fillmore, Nuckolls, Clay,

Adams, Kearney, Harlan, Thayer, Franklin, and Webster. In 1883 he was elected judge of the First judicial district, then composed of Richardson, Pawnee, Nemaha, Johnson, and Gage counties, and he was reelected to the office in 1887, making eight years' service on the district judicial bench. He was a splendid citizen, an able lawyer, and a wise and conscientious judge.

Judge Broady was succeeded in the districtattorney's office by John P. Maul, of Fairmont, Fillmore county, who, after a four years' term, ending about 1879, was succeeded by Judge William H. Morris, of Crete. In 1881 Robert W. Sabin, of Beatrice, was elected to this responsible office, and at the close of the two years' term he was succeeded by Daniel F. Osgood, of Tecumseh, in 1883. Before the election of 1885 occurred, the office of district attorney was abolished by the legislature and that of county attorney created.

Robert S. Bibb was the first county attorney of Gage county, being elected to that office in November, 1886. In 1888 Hugh J. Dobbs was elected, and in 1890, Charles O. Bates. Mr. Bates afterward resigned his office and left the state, whereupon his partner, Alfred Hazlett, was appointed to serve the remainder of his term. In 1892 Robert W. Sabin was elected county attorney, and after two years' service he was succeeded by George Arthur Murphy, who was reelected in 1894. He was succeeded by Samuel Rinaker, who, by reelection in 1898, held the office four years, He was succeeded, in 1900, by H. E. Sackett, who was reelected in 1902, and who was succeeded, in 1904, by Samuel D. Killen, who was himself succeeded by Menzo Terry, in 1906. Frederick O. McGirr was elected in 1908, and in the presidential election of 1912 his successor, Jean Cobbey, was elected. He served two years and was defeated for reelection in 1914, by Frederick Messmore, who was reelected in 1916 and is the present incumbent of the office.