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Richardson County, Nebraska - Chapter 5, 1917

From History of Richardson County, Nebraska : Its People, Industries and Institutions, published 1917. 7,060 words, reproduced complete and unedited. Source changes inside the text are labelled in place.

Contents

15 sections

The section headings the book prints inside this chapter. Each one jumps to where it begins.

The text

7,060 words

Machine-read from scans of History of Richardson County, Nebraska : Its People, Industries and Institutions, published 1917. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.

Chapter 5

Our county takes its name from that of William A. Richardson, who, holding a commission from President Buchanan as territorial governor, arrived in the state on January ii, 1858. Richardson had been a member of Congress from his home state, Illinois, and with Stephen A. Douglas was largely identified with the struggles incident to the passage of the Kansas- Xebraska bill in 1854.

Governor Richardson was appointed to succeed Governor Izard and arrived at Omaha early in January, 1858, assuming his duties on January 12th. Upon his arrival here he found the Territorial Legislature torn by factional strife, engendered over a desire among some of the members who represented a constituency desiring the removal of the capitol from Omaha to some other place. Immediately upon his arrival he waS confronted with a joint resolution presented to him by a committee from some seceding members who had met at Florence, a suburb of Omaha.

In the resolution it was pointed out that they had been forced to "Adjourn to the nearest place of safety, by the disorganizing and turbulent acts of a minority of their own body, aided by the violence of an unrestrained mob at Omaha, causing well-grounded apprehension as to the personal safety of the majority and re(iuesting His Excellency to communicate with the Legislature at this place at his earliest convenience."

The record shows that the new governor was not seriously impressed with the cause of the "seceders'" and failed to officially recognize them as the "Legislature." He, however, importuned them to return to the capitol and guaranteed their personal safety, but the closing date for the session being near at hand, his friendly overtures were not accepted.

Later, a proclamation was issued by Governor Richardson on August 14, 1858, calling a special session of the Legislature and that body assembled at Omaha on September 21st of that year.

Governor Richardson held his office only until December 5. 1858, when he resigned and at once returned to his home state, Illinois, to assist his friend. Stephen A. Douglas, in his contest against Al>raham Lincoln for the

United States senatorship. It came to the knowledge of Richardson that the national administration was opposed to Douglas and this attitude on tlie part of tlie government displeased the governor, who cared no longer to hold an appointive position under it.

Richardson county is the southeast corner county of the state of Nebraska. It was one of the original eight counties organized in the territorv. It is now bovmded on the north by Nemaha county, on the west by Pawnee county, on the south by the line dividing the states of Nebraska and Kansas, and on the east by the Missouri river. Being one of the first counties organized in the state it has always been known and numbered as first in the districts, being from its earliest days the first representative district in the Legislature, and first state senatorial district and so numbered in tlie larger judicial and still larger congressional district.

Organization

As a county it was so ordered by proclamation made by Acting Go\ernor Cuming in 1854. which made its organization but temix3rary. The year following, in 1853, it was reorganized by act of the Territorial Legislature.

First Election

The first election was held in the county as then (in 1855) bounded, including part of Nemaha. Johnson, Pawnee and what is still included as Richardson. At this election but ten votes were cast. But two voting places were named in the governor's proclamation, at Level's cabin, north of present site of Falls City in the woods, and Christian Bobst's cabin, near Cincinnati, in what is now Pawnee county. At this election the first re])resentatives to tlie first Territorial Legislature tn he held at Omaha City were chosen. I. L. Sharp for the council, or upper branch of that body, was not a resident of the county, Ijut claimed as his home, Glenwood. Iowa, and Jolm .^. Singleton, wiiose family had not yet crossed to this side of the ri\er, was honored with election to the House.

At the election the following were chosen as officers of the county : County judge. John C. Miller; county clerk. ¥. L. Goldsberry: county treasurer. Louis Mesplais. At this election Salem. Archer and Speiscr were nruned as the polling places.

Incorporation Of Town Of Falls City

From the Richardson county records appears the following report of a meeting of the county commissioners held at Salem, Nebraska, on May 17, 1858:

At a special meeting of the Board of County Commissioners of Richardson county, Nebraska, Territory, began and hdd at their usual place of holding court in the town of Salem on Monday the 17th day of May, 1858. Present, Joseph Yount and Arnett Roberts, commissioners.

Now comes into open court, John A. Burbank, Isaac L. Hamby, J. Edward Burbank and others of the Town of Falls City in said county and file their petition to be incorporated under the name and style of the Town of Falls City, which petition reads in the following words :

We, the undersigned petitioners, citizens of the aforesaid county in the Town of Falls City, would represent to your honorable body, the utility and public benefit of the incorporation of said town of Falls City, as located on the southeast quarter of section ten (10) and the northeast quarter of section fifteen (15) in township one (i) north of range No. sixteen (16) east, for which we ])ray for polity established for local government of the undersigned, for which we, your petitioners, will ever pray.

And further pra> that John A. Burl^ank, Isaac L. Hamby and J. Edward Burbank. William W. Buchanan and Alexander Rickard he appointed as officers for said incorporation.

It is therefore ordered and declared liy the l)oard that all the territory within the geographical limits of Falls City, together with all the addititon that may hereafter be made thereto according to law. be and the same is hereby declared to be a town by the name and style of Falls City. That said town is made a body corporate and politic and is \ested with all the powers and attributes of a municipal corporation, under and by virtue of an act of the Territory of Nebraska approved. January 23. 1856.

Hamb\-, J. Edward Burbank, Alexander Rickard and William W. Buchanan be and are hereliv appointed as trustees for said town and they shall hold their offices until their successors are elected and qualified. By order of the commissioneers,

Richardson was one of the eight original counties created by the first Territorial Legislature, which convened at Omaha on January 16, 1855, in pursuance of a proclamation issued by Acting Governor T. B. Cuming, designating that city as a meeting place. It is located in the southeast corner of the state, the line dividing the states of Kansas and Nebraska, or the fortieth parallel, being its south boundary. Its boundary was defined as follows :

"Began at the northwest corner of the half-breed tract; thence westwardly along the south bank of the Little Nemaha river; thence westerly to a point sixty miles west of the Missouri ; thence south to the fortieth parallel, the boundary of the territory; thence east along said boundary to the Missouri river, thence north along the Missouri and west ten miles to the southeast corner of the half-breed tract; thence northerly along the boundary of said tract to the place of beginning."

The necessity for the provision of some place to which the half-breeds, who were largely the progeny of French adventurers, trappers and traders, could be assigned, was plainly evident early in the last century. It required but little logic to show that the lawful son of a Frenchman could not be subject to the laws governing Indians of full blood, or forcibly amalgamated with a tribe, nor could the half-Indain assume the full rights of his father. The half-breeds were a new element in Uncle Sam's cosmopolitan brood, and special measures were necessary to meet their case. Having decided on a modified form of reservation for this large class, it remained for the government to select a fitting location for such a grant. It must be remembered that, at this time, all beyond the Missouri was "the wilderness". When, then, in 1839, the chiefs of the various tribes and the representatives of the government met at Prairie du Chien, Wisconsin, there was a vast amount

The treaty setting aside the lands for the half-breeds in Richardson and Xemaha counties was made between William Clark, superintendent of Indian afifairs, and Willoughby Morgan, a colonel of the regular army, with deputies from the Sacs and Foxes, four bands of Siouxs, the Medawah- Kantons, Sissetongs, W^ahpetons and Wahpacootah, the Omahas, Otoes and Missouris, on July 15, 1830. The provisions of the treaty read:

The Omahas, lowas and Otoes. for themselves and in behalf of the Yankton and Santee bands of Sioux, having earnestly requested that they might be permitted to make some provision for their half-breeds, and particularly that they might bestow upon the tract of country within the following limits, to-wit :

Beginning at the mouth of the Little Xe-mohaw river and running up the main channel of said river to a point ten miles from its mouth in a direct line; from thence in a direct line to strike the Great Ne-mohaw ten miles above its mouth, in a direct line (the distance between the two Nemohaws being about twenty miles); thence down said river to its mouth; thence up with the meanders of the Missouri river to the point of beginning. * * * The President of the United States may hereafter assign to any of the said half-breeds * * =i= any portion of said tract not exceeding a section of si.x hundred and forty acres to each individual.

This territory was surveyed in 1857, ^^^ the domain of the halfbreeds thus officially designated, but, before the line was fairly run, it was condemned as being incorrect, and a new survey ordered. The new line started at a point some distance farther up the Great Nemaha river, but preserved the original point on the Little Nemaha. The additional territory thus given the Indians was of little value, but the new line passing through the county seat, Archer, forever destroyed that thriving village. The existence of a county seat on an Indian reserve was an anomaly, and it was at once removed. Archer had been designated as the county seat in March, 1855.

First Census And Polling Places

The lirst formal census of Nebraska Territory was ordered taken in 1855, for the purpose of making a readjustment of the legislative representation. Reports from Richardson county showed a total of two hundred and ninety-nine persons on the enumeration rolls. The census was taken by deputy marshals Joseph L. Sharp, Charles P.. Smith, ]\Iichael

I\Iiirphy, E. R. Do\le, !-". W. Synimes, Munsen S. Clark and Charles W. Pierce. They were empowered to designate suitable places for voting precincts and also name the judges and clerks of election. The work incident to the enumeration was commenced on October 24th, 1854, and to be completed by November _'oth. The voting precincts designated in Richardson county were two in numlier : One at the house of William Level, with John Purket, Robert T. Archer, and James M. Roberts as judges ; William \'. Soper and John A. Singleton, clerks. The second precinct was at the house of Christian P.obst. with Henry Shellhorn. Henry Abrams, and V/illiam J. Burns, judges; Christian Bobst and W. L. Soper. clerks." The house of William Level referred to was located north of the present site of Falls City, while that of Christian Bobst was near the present town of DuBois in Pawnee county, then a part of Richardson county.

Following the enumeration, notices of an election were distributed among the people stating that the same would be held for the purix)se of choosing a delegate to Congress and a territorial Legislature to convene during the following winter. The election was held on December 12 and Richardson county cast forty-se\en votes.

An enumeration of the inhabitants of the territory will commence on Tuesday next, October 24. 1854. under the officers instructed to complete the same, if possible, within four weeks. Immediately after said census, notices will be distributed for the election of a delegate to Congress, and a territorial Legislature, to convene this winter. Said enumeration in the districts bordering on the Missouri river, will commence one week from the above date, viz., on Tuesday, October 31st. and simultaneously on that day in each of said districts. The purpose of this notice is to enable persons who have removed temporarily from the territory to return in time for said census, but in no case wall names be enrolled except of actual and permanent residents of the territory.

Based on a populatidii of two tliousand seven hundred and thirty-two found by the first census in the Territory of Nebraska, ordered b\- Acting Governor Cuming, Richardson county was given the following representation in the first Legislature : One councilman, two representatives.

That session of the Legislature met at Omaha on January 16, 1855, and was a day fraught with intense excitement owing to the disappointment of men throughout the territory o\er the fact that the territorial capitol had not been located in their part of the territory and many had vowed that no session of the Legislature should be held. The day passed off, however, without serious friction.

In that session, J. L. Sharp had the honor of representing Richardson county in the upper branch, or council, as president. In the House the honor fell to D. M. Johnson and J. A. Singleton. There were thirteen counciimen and thirty-six representatives, a total of forty-nine members.

Eik.St Valuation Of Property

From a report of the auditor made in 1855. we learn that the valuation returned on both real and personal property in Richardson county totaled the sum of twenty-six thousand six hundred and forty-three dollars.

Representation In Territokiae Legislatures

lM)urth session - (."ouncilman. no change from preceding sessioiL House. A. v. Cromwell. \\'ingate King, i-lichardson and Pawnee counties. December 8. 1857.

Fifth session - (.'ouncilman, Charles McDonald, I'iichardson and Pawnee: seat contested by F.. S. Dundy. (Extra .session September _m, 1858.) House, Richardson and Pawnee, William C. h'leming, A. C. Dean. At this ses-^ion Governor Richardson, for whom tin's county was named, was then chief executive and in his message he called attention to the fact that the previous Legislature had repealed the criminal code, and the sole method of procedure then in vogue, was the common law of England, under the provisions of which perjury, forgery and other crimes less than capital, were punishable Ijy death.

Tenth session - January 5, 1865. Council divided into districts and Richardson county, nth and represented by J. N. McCasland. House, Richardson, Oliver \\'. Dunning. F. A. Tisdel, Charles F. ^,^^1lther, E. H. Johnson.

I^leventh session - January 4, 1866. (Omaha) J. N. McCasland, council. House, Richardson, Lorenzo Crounse (later governor), William Parchen, J. D. Ramsey, John Jay Hart. At this session Hon. E. S. Towle. of this city, was chosen as assistant clerk of the house.

Vote On Adoption Of State Con.Stitution

At an election held in the territory on June _', 1866, upon the adoption of the constitution, Richardson county voted as follows: For, 503; against,

Organization Of Precincts

No. 2 - Salem precinct contains townships Nos. i, 2 and 3 of range No. 15 and the east half of townships No. i, 2 and 3 of range 14, in said county.

No. 3 - Speiser precinct contains the west half of townships Nos. i, 2 and 3 of range No. 14 and townships Nos. i, 2 and 3 of range No. 13 in said county.

The county commissioners met according to law and ordered that there be three notices for each precinct naming the various officers to be balloted for at the August election in 1857 in Richardson county, Nebraska Territory.

Ordered that Alexander Rickard, Wingate King and William Goolsby be and the same are hereby appointed judges of election, at Archer precinct and Joseph Hare. John W. Brinegar and John Ogden be and the same are hereby appointed Judges of election at Salem precinct, and John Luginbill, Henry Abrams and James Cameron be and the same are hereby appointed judges of election at Speiser precinct. Ordered that notices be given to each of said judges at least ten days prexious to said election. Court adjourned until July 6, 1857.

The county commissioners met at Salem, July 6, 1857, according to law, Joseph Yount being absent, the following business being transacted : The account of R. W. Furnas was presented for striking two hundred assessors' blanks for the sheriff of Richardson county - but was not accepted. The account of W". H. Mann was next presented for services rendered in recording the plat of the road from Archer in Richardson county to Brownville in Nemaha county. Allowed for said services - $5.00. An account of said Mann ffir services rendered in writing election notices for Richardson county was allowed by said commissioners - $6.00.

Samuel Keiffer on behalf of Isaac Crook, county treasurer, presented a statement of the amount of taxes collected by him for the year 1857, which was as follows :

The sum of two hundred ninety-nine dollars and ninety-one cents of county tax was paid over to the court and an order issued to Samuel Keififer for the sum of fifteen dollars for commission as collector on the part of the county, the territorial and school tax remaining in his hands.

William Tramwell presented and was allowed by the commissioners at Salem on January 4, 1857, the sum of seventeen dollars for making tax list of Richardson ciiunty.

Tax Levy, 1857

Samuel Keiffer was county assessor of the county in the year 1858 and was paid for that service the sum of twenty-seven dollars and seventy-tive cents. The assessment rolls contained three hundred and seventy names.

At a meeting of the county commissioners held at Salem, Nebraska Territory, on January 4, 1858, a petition was presented by F. L. Goldsbur\- for a precinct to he called Rulo, with the folldwing result:

At a meeting df commissioners held at Salem. Xebraska Territory, in April. 1858. A. D. Kirk presented a petition signed by M. H. W'oodhn and twenty-seven other citizens of the town of Rulo, praying for a municipal corporation for said town of Rulo. with the following result:

The court being satisfied that a majority of the taxable inhabitants of said town have signed said petition praying for such corporation it is therefore ordered that the inhabitants within the following boundaries as set forth in said ])etition to-wit : Beginning at a point on the Missouri river, where the line dividing sections 8 and 17 strike the same, thence west along said line to the northwest corner of section t8; thence south to the southwest corner of section 18; thence east to the Missouri river; thence up said river to the ])lace of beginning, be and they are hereby declared incorporated as a body corpcjrate and politic b\- the name and style of the town of Rulo. Charles Martin, l-:ii Redard. Tames D. Ramsev. .\. D. Kirk and P. B. McCoy

Eli Bedard, A. D. Kirk and P. B. McCoy were at once appointed judges of the election, for offices of the said municipal corporation, to be held on the first :\Ionday of May, 1858.

Richardson county was bounded as follows : Commencing at the northwest corner of the half-breed tract, thence westwardly along the south bank of the Little Nemaha River, thence westwardly to a point sixty miles west of the Missouri river, thence south to the fortieth parallel (the boundary between Kansas and Nebraska ), thence east along said territory boundary to the Missouri river, thence north along the Missouri river, and west ten miles to the southwest corner of the half-breed tract, and thence northerly along the boundary of said tract to the place of beginning.

Precincts. - There shall be two precincts or places of voting in said Richardson county, viz., one to be held at the house of William Level (a cabin in the woods, northeast of present site of Falls City), in precinct No. i. The second at the house of Christian Bobst, precinct No. 2. John Purket, Robert T. Archer, and James \Y. Roberts shall be the judges of election of the first precinct, and William \W. Soper and John A. Singleton, clerks of the same; and Henry Shellhorn, Henry Abranis and William F. Bums, judges of election of precinct No. 2, and Christian Bobst and \^^ L. Soper, clerks of the same.

Pawnee county, which now joins Richardson county on the west, was made uji from territory contained in the original boundaries of Richardson county - the latter being originally, sixty miles long east and west from the Missouri river. The new county, later to be known as I'awnee, was laid off in 1855 ''ito townships, and sectionized in 1856. At first it contained but four townshi]xs, or twenty-four miles square. One row of townships was taken from off the north side later and added to what is now 4<nown as Johnson county.

Christian Bobst, residing southeast of the present site of Pawnee city, arrived there on the 4th of April. 1854, in company with Robert Turner, Jacob .\dams and Robert Arclier ( the latter being the man for whom Archer \illage in this countx" was named). Christian Bdbst. the leader of the party.

selected the best timber claim probably in southern Nebraska, the northwest quarter, section 25. township i, range 12, South Fork precinct. Mr. Bobst erected what was the first dwelling house in that part of Richardson county. He was appointed probate judge by Governor Izard, in the fall of 1854, for Richardson county. No lines at that time having been regularly established, his jurisdiction extended over all the settlements west of the Missouri river. Joseph Frey, who came the same summer, was appointed justice of the peace, and Robert Turner, constable, by the same authority. For the first few years after the territorial government was formed. Pawnee was attached to Richardson county and for the most part during that period the offices were lield by men living in tlie eastern part of what is now Richardson county, wiiich state of affairs was not the most pleasing to the settlement to the west and had much to do with the early effort to form the new county of Pawnee. For a considerable time the whole of the country to the west had to get their mail at the residence of Judge Christian Bobst on South Fork. An office was established at Pawnee city long before there was any established route to supply it, and had to depend on private enterprise for its supply from Pleasant valley - Bobst's office.

An election was held on the 25th day of August, 1856, for the purpose of selecting a seat of justice for the new county. Three points were entered in the contest. Pawnee city. Table Rock and Turkey creek. By some means the poll books of the election held at Table Rock were not signed by the officers of the election board, but when the returns were , carried down to Archer, the then county seat of Richardson county, the county clerk, Neal J. Sharp, after canvassing the returns, declared the Pawnee city site duly elected as the seat of justice (county seat) for Pawnee county. This point was then called "Enon" (Bibical reference.)

Notwithstanding the certificate had been issued by Mr. Sharp in favor of Pawnee city, the Hon. Judge John C. Miller, probate judge of Richardson county, when the matter was brought properly before him, declared such certificate null and \oid ; that no choice had been legally made, and therefore ordered that a new election be held on the 4th day of November, 1856. At this latter election Pawnee city, the present county seat, was chosen. All accounts agree that the first white men who were ever on what is now the present site of Pawnee city, formerly a part of Richardson county, were James O'Loughlan, Charles McDonald and Arthur McDonald. These men had settled at Salem in this county and visitetl the site on July 20. 1854. Looking o\er the ground fnim a jxiint of vantage, they espied a large body of Indians with ponies grazing. They did not make themsehes known, but withdrew to tlieir homes on South Fork. This was doubtless the first time white men had ever stood on this ground.

Marking Boundary Road

Having been appointed and commissioned to view and locate a county road by the county commissioners court of Richardson county, Nebraska Territory in July, i860,' I proceeded on the 7th day of August, i860, witli Joseph Broady, surveyor, and F. Bnxady and John Furrow, chain carriers, and were all sworn as the law directs by .\. D. S. Ayers, a justice of the peace in and for Richardson county, Nebraska Territory. We then proceeded with the aforesaid surveyor and chain carriers and J. G. Babcock, for i^agman. and J. S. Babcock and E. P. Tinker with four yoke of oxen and plow to mark the road. J. S. Babcock furnished two yoke of oxen and E. P. Tinker furnished two yoke of oxen.

We then went to the line between sections thirty (30) and thirty-one (31), town three ( 3 ) , range thirteen (13), in Richardson county, Nebraska Territory.

Commencing at the west line of said county we proceeded on route descriljed in said petition to the Nemaha county line, observing all the points mentioned in petition. The surveyor will make a report of said road. I find it a good and practicable route. I therefore report favorable to said road and recommend your honorable body to establish the same.

Organization Of Voting Precincts

Commissioners court. Commissioners met pursuant to adjournment. Present - C. S. Cornell, George W. Scott and Levi Forbe, commissioners, and George \^andeventer, county clerk.

Humboldt precinct to be bounded as follows : Commencing at the northwest corner of congressional township No. 2, on the dividing line lietween Pawnee and I^ichardson counties, thence south five miles to the southwest corner of section 30, township 2, range 13, east; thence east along the section line nine miles to the southeast corner of section 28, in township 2, north of range 14, east; thence north along the section line five miles, to the township line, between townships 2 and 3 north of range 14, east; thence west along the township line nine miles to the place of beginning.

Speiser precinct to he bounded as follows : Commencing at the northwest corner of section 31, township 2, range 13, east on the dividing line between Pawnee and Richardson counties, thence south along the county line to the line between Kansas and Nebraska; thence east along said line, nine miles, to the section line between sections 33 and 34 of township i, range 14, east; thence north along the section line to the northeast corner of section T,!,. township 2, north range 14, east; thence west along section line nine miles, to the place of beginning.

Salem precinct bounded as follows ; Commencing at the northwest corner of section 3, township 2, north of range 14, east; thence running south, along the section line, dividing townships one and two, north range

14, east to the line between Kansas and Nebraska; thence east along said line to the range line; ijetween ranges 15 and 16, east; thence north along said range line nine miles, to the northeast corner of section 24, in township 2, north, range 15 east; thence west along the section line to the range line between ranges 14 and 15; thence north along the range line three miles, to the township line between townships 2 and 3, nurth; thence west along the township line to the place of beginning.

Muddy precinct. A petition praying ior a voting precinct to be formed out of Fails City and Salem precincts. The petition was granted. Said precinct to be called Muddy precinct and Ixjunded as follows beginning at the southeast corner of section 13, township 2, north of range 16, east; thence west on said line to the Franklin precinct; thence north to the county line; thence east to the range line between ranges 16 and 17, east. William J. McCord was appointed justice of the peace for Muddy precinct. O. M. Johnson and E. S. Slagle were appointed constables for Muddy precinct.

Humboldt precinct. A petition was presented on April i, 1861, signed by A. J. Halbert, Merrit Wells, James Cameron and twenty-two others, praying that a new precinct be organized in township 2, range T3, bounded as fol- -lows : Commencing one mile north of the southwest corner of township 2, range 13, at the Pawnee county line and running east nine miles to the center or range 14; thence north along the section line to the north line of said township, five miles; thence west along the township line, nine miles to the Pawnee county line ; thence south five miles along the county line to the place of beginning, all of which was granted by the board.

Falls City precinct bounded as follows : Commencing at the northwest corner of section 19, township 2, range 16, east on the range line between ranges 15 and 16; thence south on said range line, nine miles to the line between Kansas and Nebraska; thence east on said line, nine miles to the section line between sections 33 and 34 in township i, north of range 17; thence north along the section line eight miles to the northeast corner of section 28, township 2, range 17; thence west along the section line, three miles to the range line between ranges 16 and 17; thence north one mile along the range line to the section line dividing sections 13 and 24, township 2, north range t6, east; thence west along said section line six miles to the place of beginning.

Muddy precinct bounded as follows : Commencing at the place where the range line between ranges 14 and 15, east, intersects the county line between Nemaha and Kichardson counties; thence south along said range line, nine miles to the section line, between sections 18 and 19 in township 2, north of range 15, east; thence east along said section line, twelve miles to the range line between ranges 16 and 17, east; thence north along said range line, nine miles to the county line between NemaJia and Richard.son counties; thence west along said county line, twelve miles, to the place of beginning.

between Xemaha and Richardson counties, thence south along said range Hne, seven miles to the section line between sections 6 and 7 of township 2, north of range 17; thence east along said section line, to the Missouri river ; thence up the Missouri river, to the line between Nemaha and Richardson counties: thence west along said county line to the place of beginning.

Arago precinct bounded as follows: Commencing at the northwest ct)rner of section, township 2, range 17, east, on the range line between ranges 16 and 17: thence south along range line, three miles to the section line lyClween sections 19 and 20, township 2, north of range 17, east; thence east along said section line to the Missouri river, thence up the Missouri river to the section line dividing sections i and 2 of township 2, north of range 17, east : thence west along the section line to the place of beginning.

Rulo precinct bounded as follows: Commencing at the northwest corner of section zy on the section line between sections 28 and 27 of township 2, range 17, east; thence south along said section line, eight miles to the line between Kansas and Nerbaska : thence east along said line to the Missouri river: then.ce up the Missouri river to the section line between sections 19 and 30 of township 2, range 18: thence west along said section line to the place of beginning.

Action of the board of commissioners at a meeting held On October 6, 1862, in response to a petition signed by citizens of Arago and St. Stephens ])recincts, merged the two precincts into one to be known as Arago.

Ohio. - S. J; Harris had the honor of naming Ohio township. It was he who petitioned to have the township organized to its present boundary and named it tor his native state, Ohio.

Act.S Of Terriioriai. I.Kgislature, 1857-58

An act passed and approved on February lo, 1857, authorized Charles McDonald to erect a mill dam across the north fork of the Grand Nemaha river, on the northwest quarter of section 22, township 2, north of range No. 14, east of the sixth p. m., Richardson county, Nebraska Territory.

.\n act passed ant! aj^proved at the same session, February 10, 1857, pro- \idcd for the incorporation of the town of Salem, Richardson county, Xeliraska Territory. Section I\' of this act provided that "Whenever eight of the resident householders of said town shall petition the county clerk of said Richardson county, asking for the organization of said municipal government the said clerk shall fix the time for tlie municipal election, which shall not be more than twenty daj's after the petition is presented to him, and shall appoint three judges of said election, and shall give notice thereof by posting up notices in three public places in said town * * *."

Section V. At the aforesaid election the legal voters shall elect a town council consisting of five, who shall possess the qualifications of electors: Provided, That (the) person receiving the highest number of votes shall be president until otherwise provided In- law, also a town clerk and marshal, which election shall be the first organization of the said town, and thereafter said offices may be abolished or new nftices created as may be prescribed by ordinance.

Archer Made Seat Of Justice

Section I. Of an act passed and approved on March 7th, 1855, entitled an Act defining the boundaries of counties herein named and for other purposes. (Had reference to Richardson, Nemaha, Blackbird and Dakota counties.) This act materially reduced the boundary of Richardson county and contained the following important sentence : "The seat of justice is hereby located at the town of Archer, in said Richardson county."

Section I. Be it enacted by the council and House of Representatives of die Territory of Nebraska, That the Board of County Commissioners, of Richardson County, Territory of Nebra.ska, are hereby authorized and empowered to cause an election to be held on the first Tuesday of April, A. D. 1857, at the different voting precincts in said county, for the purpose of permanently locating the county scat of said Richardson county. For this purpose each voter may designate upon his l^allot the place of his choice for the county seat, and when the votes are canvassed, the place having the majority of all votes polled shall be the county seat, and public notice of said election shall be given within thirty days, by the Board of County Commissioners, by posting up notices, in three several places in each precinct in said count}'. *

Section II. It shall be the duty of said Board of County Commissioners to give at least twenty days notice of said election, by causing notices to be posted up at three different places in each precinct, and the qualifications of voters, the manner of holding elections and making returns thereof, shall be in accordance with the statutes of this territory governing elections.

Section III. If no one place has a majority of all the votes polled as provided for in section i of this act, it shall be the duty of the county com- missioners of said county, within one month after said election, to order a special election and give ten days notice thereof, by posting up notices in three public places in each precinct in said county, at which election votes shall be taken by ballot between the two highest places voted for at the first election, and the place having the highest number of votes shall be the county seat of said county, and notice thereof shall be given as required by section one of this act.

Section No. IV. Any contest of any election held under the provisions of this act shall be brought before the county clerk and shall be conducted and deti.-rmined according to law governing elections in this territory.

Section Xo. W That the county seat of said county be and the same is herebv temporarily located at the town of Salem, in said Richardson countv. until said election is held anil determined according to the provisions of this act :

Provided, that the county commissioners of said county shall become satisfied that the town of Archer, the present location of the county seat of said county, is located on and embraced within the limits of the half-breed Indian reservation in said county.

Section i. Be it enacted by the Council and House of Representatives of the Territory of Nebraska, That the seat of justice of Richardson county be and the same is hereby located at West Salem on the west half of the southwest y4 of section Xo. (3) three, and the east yi of the S. E. ^4 of section X'o. (4 1 four in township Xo. (i) one, north of range X^o. (15) fifteen east in said county.

Section 2. That it shall be the duty of the county commissioners to remove the records of said county to said place above named immediately 3,frer the taking of efi"ect of this act.

Section 3. That so much of the act to which this act is supplementary as conflicts with the provisions of this act. be and the same are hereby repealed.

The first act to come under this head affecting Richardson county was that incorporating the "Town of Archer," which was approved on January 25, 1856.

Bench And Bar

Proclamation of acting Governor Cuming, of the Territory of Nebraska, issued from the executive department of Nebraska Territory on December 20, 1854, assigned "Hon. Edward R. Hardin, assistant justice of the Supreme Court, to the second judicial district, embracing all that portion of territory lying south of the Platte river in Nebraska Territory." The proclamation recited that the appointment was made for the "purpose of administering justice in the Territory of Nebraska."

An Act to authorize Felix Kitch, A. P. Forney, and Joshua Murray to keep a ferry across the Missouri at Rulo, Nebraska Territory. Approved January 11, 186 i.

They were allowed to charge : For two horses or mules and buggy, !|5i.oo; for each extra pair, 25 cts; for horse, or mule and rider. 25c; for two horses or mules, and buggy, 75c ; i horse or mule and buggy, 50c : for horse or mule led, 25c; loose cattle per head, loc; hogs and sheep per head, 5c: f(_)otmen, loc; each cwt. of freight loc; lumber $3.00 per i.ooo feet.

An Act to Incorporate the "German Sangerbund of Arago"' by F. Kammerer, H. W. Sommerlad, J. O. W'irth, H. Volbrecht, Charles F. \\'alther and L. Allegewahr, had for its object the promotion of artistic taste in general and vocal music in particular by the practice and performance of sacred and secular music. Approved January 9th, 1862.

An Act to locate Road "Little Xemaha River to Kansas Line." William Trammel, Louis Misplay and Levi Dodge, empowered to view and locate road, at or near where military Road crosses same near Dr. Jerome Hoover's mill, running thence southerly on most direct and feasible route by way of Maple Grove ford, on Muddy Creek, thence to ford the Grand Nemaha river below the falls, known as Singleton's Ford, thence to the Kansas line.

An Act to authorize Charles McDonald to erect a mill dam across the north fork of the Grand Nemaha River in Richardson County," on n. w. % of Section Xo. 22, Twp. 2, North of Range No. 14. Approved February 10, 1857.

An Act defining the boundaries of counties herein mentioned and for other purposes. This Act reduced the size of Richardson county to the present size and located the county seat at Archer. Approved March 7th, 1855.

An Act to authorize Silas Babcock, to erect mill dam across Long Branch at "any point within four miles from town of Franklin, in Richardson Co." Approved January 6th, i860.

An .\ct to authorize \\^illiam A. TafHemire and Garret N. Martindale to erect a mill dam across Muddy Creek, Richardson County, on n. w. y^ Sec. 16, Twp. I, N. of Range No. 16. Approved February 11, 1865.

An .Act to locate road from Brownville to Archer. A. L. Coot, Strander Fronian. F. G. McMillen, appointed Commissioners to meet in .\rcher. May 1st, 1856. $3.00 per day for time actually employed. Approved January 2nd, 1856.

An .\ct to appoint Commissioners to view and locate a territorial road from Pbttsriiouth in Cass County to Archer in Richardson County. William kakes, Cass County; John Singleton, Richardson County, and Gideon Bennett, of Pierce County. "The nearest and most practicable route to Nebraska City, thence to Brownville, to Archer in Richardson County, thence to the Kansas line by way of the ford on the Grand Nemaha river, known as the Singleton's ford, having due regard for personal property as well as ground o\er which road shall pass; to be 30 feet wide; all male inhabitants between ages of 21 and 43 required to work 2 days each year on road. Approved, Alarch 14, 1855.

An Act to authorize Falls City Precinct, in Richardson County, to issue bonds to aid in the construction of a court house for Richardson County, $20,000. Approved February 14th, 1873.

An Act extending the time for commencing of a railroad in Richardson County. St. Louis and Nebraska Trunk R. R. Was to be located so as to pass through Rulo and Arago.

An act to provide for selling 10 acres of northeast J4 sec. 16 twp. i north of Range No. 16 in Richardson county, so as to include the burying ground situated on said land. Approved June 24th, 1867.

An act to revive the herd law within precincts of Muddy, Porter, Franklin, Humboldt. Grant. Tibert}-, in Richardson county. Approved June 3rd, 1871.

Provenance

Text from History of Richardson County, Nebraska : Its People, Industries and Institutions, published 1917, in the public domain in the United States and digitised by the Internet Archive.