Benton County, Oregon - Legislative History, 1885

Benton county was organized by Act of the House of Representatives of Oregon Territory, the bill being signed by Robert Newell, Speaker, and approved by Governor George Abernethy, December 23, 1847, its boundaries being described as follows :

Commencing in the middle of the Willamette river, at the southeast corner of Polk county and running south along the main channel of said river to the Middle Fork thereof; thence up said Middle Fork to its source ; thence due south to the fortysecond parallel of north latitude ; thence west along said parallel to the Pacific ocean ; thence north along the coast of said ocean to the southern boundary of Polk county.

By a glance at the map of Oregon of to-day it will be seen that this vast tract included nearly all of the present county of Lane, and the whole of Douglas, Coos, Curry, Josephine and Jackson counties.

The early settlers in this immense district gave but little attention to the legal forms of law, much less of their observance. The community of interests was sufficient for the needs of the little settlements ; each individual member seemed to vie with his neighbor in his efforts towards good-fellowship and the maintenance of peaceable relations.

With the granting to Oregon, in 1849, of the rights of a Territory the governmental machinery of Benton county was set in motion. The records of the County Commissioners Court open with these words :

Be it remembered that by virtue of an Act of the Congress of the United States of America, approved August 14, A. D. 1849, entitled "An Act to establish the Territorial Government of Oregon," and by virtue of an Act of the Legislature of the Territory of Oregon established by the Act aforesaid of the Congress aforesaid, entitled "An act to establish a Probate Court and define its duties and powers " passed September 29, A. D. 1849, and "An Act to authorize the Probate Court to do County Business," and also "An Act supplementary to the Act aforesaid, of the Legislature aforesaid fixing the times and places of holding said Courts in the several Counties of the Territory of Oregon aforesaid": A regular term of the Probate Court in and for Benton county, in the Territory aforesaid, occurred on Monday,

September 2, A. D. 1850, but there not being a quorum present the Court stood adjourned until the next day, when a quorum still being absent the court adjourned until the third day, when the Hon. O. F. Clark and George Belknap, Judges thereof, and William Knott, Clerk thereof, having been previously qualified and commissioned, were present to wit : At Fuller's school house, on the fourth day of September, A. D., 1850, at which said term the following proceeding was had : The court being called it was there and then adjourned until the following day, at which time they duly met. The first act performed being the filing of the assessment roll of the county made by Samuel F. Starr, Assessor of the county.

The Probate Court again met December 2, 1850, O. F. Clark and George Belknap, Judges, with Wm. Knott, Clerk ; the business being the approval of letters of administration and bonds granted to William Taylor, Administrator of the estate of Thomas Taylor, deceased ; and the like grant to Mary Morgan in the case of Daniel Morgan, deceased.

The first term of the District Court was held at the house of J. C. Avery, on Mary's river, Hon. O. C. Pratt, Judge, September 3, 1849, but there being no business to be brought forward, it stood adjourned until the next regular term, which sat September 29, 1851, when A. G. Hovey was appointed clerk of the District Court and Master and Commissioner in Chancery for the county of Benton. The first case tried by this Court was that of Thomas M. Read verms Oscar Clark, an action of " Trespass on premises," which was continued ; while, at the same sederunt John Feichter declared his intention of renouncing fealty to the sovereign of Baden, and becoming a citizen of the United States.

On September 5, 1850, the Probate Court, as transacting the business of the county, directed notice to be given to the authorities of Polk county to have the boundary line between it and Benton county surveyed, and appointed J. C. Avery to represent them in the matter, which was duly done, but it was not until September 5, 1854, that it was officially defined. The southern boundary of the county was established January 15, 1851, upon the creation of Lane county, and again more definitely fixed in 1861, on the third day of April of which year, the County Commissioner, whose office had been created, appointed George Mercer to survey and run the county line between Lane and Benton, commencing at a point due south of Hinton's ford on Long Tom ; thence east to the Willamette river; thence running west from said ford, so as to include all the settlements. This Mr. Mercer did and on the following day made his report as follows: "Beginning at middle of Hinton's ford on Long Tom ; thence running south three miles to a point in B. P. Richardson's field, about one chain south of north boundary: set stake marked fore an aft, C. L. (county line); on the north B. C, on the south L. C. (Benton and Lane counties), deposited charcoal and built mound six feet square ; thence running east across Long Tom, running through Luther Hashbrouck's field about four chains south of north boundary : passed about four feet north of John Williamson's house and about one chain south of Cooper's old house: marked white oak on slough of Willamette about ten chains east of Cooper's house, eighteen inches in diameter, C. L., B. C, and L. C. same as at stake, for eastern terminus ; thence west from stake three miles, south of Hinton's ford, over north part of Long Ridge, south of Kizer's, passed through the north part of Mahew's pasture over Long Ridge, bearing northeast and southwest, passed a little north of dividing ridge, between the waters of Muddy and Baird's creeks, crossed mountain, on to Alsea creek, about one-fourth of a mile south of D. Hawley's saw-mill, marked hemlock twenty-four inches in diameter for western terminus: all trees on line marked with blaze and notch near the top, at all prominent points where trees could be had, marked the initials C. L." This completed the survey of the boundary line of Benton county, leaving them as they now exist.

The next duty devolving upon the court was the order for a tax levy of two mills on the assessable property in the county, which completed the arduous labors of that term so far as is of especial historical interest.

It now became necessary to officially recognize a county seat ; for this purpose Joseph C. Avery, under date July 8, 1851, tendered a bond conveying to the county forty acres of land in the town of Marysville (now Corvallis) for county seat purposes, but which, after consideration, was returned to him, September the first. On the same day he again presented another instrument which too was rejected by the court; but on that following, a deed conveying blocks numbers thirteen, fourteen, fifteen, nineteen, twenty and twenty-one in the town of Marysville, and lands on the south and west sufficient to make forty acres, to the county for the erecting of public buildings was accepted. It must not be forgotten, however, that Wiliiam F. Dixon had also donated a like amount of ground for similar purposes but the deeds which granted it not meeting with the approval of the authorities, for reasons which shall appear in the history of the city of Corvallis, once more returned them for rectification, which was effected, September 6, 1852, and the land ordered surveyed by J. P. Welsh. On the eighteenth the survey and plat was accepted, the blocks and lots ordered numbered and " that portion not heretofore recorded " directed to be so placed on record as the "County Addition to the Town of Marysville." Immediately thereafter these county lots were offered to purchasers at the following terms : one-third cash ; one- third in six months, and the remainder in one year, there being realized under this head the sum of three thousand five hundred and forty-nine dollars, up to and inclusive of July 5, 1853.

The deed of J. C. Avery as recorded in the office of the County Recorder in Liber B. p. 252, et seq, is dated August 27, 1856, and shows a consideration of one hundred dollars. It recites that the party of the first part doth "grant, bargain, sell, alien, remise, release and convey unto the said party of the second part [the county of Benton] and to her assigns for ever, all their title and interest in and to all these town lots, parts and parcels of land, described as follows, to- wit: Beginning at the center of Third street where Jackson street crosses the said Third street in the town of Corvallis, Benton county, Oregon Territory, according to the recorded plat of said town and running north seventy-seven degrees, thirty minutes west twenty-eight chains and thirty-one links; thence south twelve degrees, thirty minutes, west ten chains; thence south eighty-eight degrees, thirty minutes, west one chain and seventy links; thence south eighteen degrees, forty-five minutes, west three chains and forty-nine links; thence south seventy -one degrees, fifteen minutes, east twenty chains and fifteen links ; thence north eighteen degrees, forty-five minutes, east along Fifth street three chains and forty-nine links; thence south seventy-one degrees, fifteen minutes, east through the center of Blocks twenty-two and sixteen, eight chains and thirty links; thence north eighteen degrees, forty-five minutes along the center of Third street fourteen chains and twenty-one links, to the place of beginning, containing forty acres, all in the town of Corvallis, in the county of Benton and Territory of Oregon.

The deed of William M. Dixon, as recorded in Liber B. p. 254, et seq, is dated November 19, 1856, and shows a consideration of five huudred dollars. It recites that the party of the first part "doth grant, bargain, sell, alien, remise, release and convey unto the said party of the second part [the county of Benton] and to her assigns forever, all the right, title and interest to the said party of the first part, to the following described tract or parcel of land, situated in the town of Corvallis, Dixon's Addition, to-wit:

Beginning in Jackson street at the center of Third street; thence running north in the center of said Third street, forty-six rods; thence west far enough to include forty acres, after excepting lots numbers one, four, nine and eleven, in block nine in the said described land, being previously disposed of in the town of Corvallis, county of Benton and Territory of Oregon.

Benton county was first divided into precincts for election purposes by order of the court, July 8, 1851. Those then created were but three in number, viz:

Number One. - That portion lying north of a line commencing at Oak Point on the Willamette river running in a westerly direction north of the residence of William Knotts to a creek known as Rinehart's creek; thence along said creek and in a westerly direction to the divide between Mary's river and the waters of the Luckiamute.

Number Two. - That Precinct No. 2, shall be known as that portion lying south of Precinct No. 1, and between a line commencing on the Willamette river, running in a westerly direction, including the residence of Thomas Norris, to the mouth of a slough between Jacob Martin's and Liggett's school-house; thence up said slough to the mountain.

Number Four. - Commencing on the Willamette river, at the southeast corner of Precinct No. 2; thence westerly on the south line of Precinct No. 2, to Muddy creek; thence up said creek to the residence of Widow Starr, in the Belknap Gap ; thence due south to the county line; thence east on said line to the Willamette river; thence down said river to the place of beginning.

Number Five. - Commencing at the Polk county line King's Valley ; thence south embracing all the settlements in said valley and all the settlers on the north side of the north branch of Mary's river above and including the settlement of William

On April 4, 1855, the inhabitants of Alsea valley were attached to Precinct No. 2 for election purposes, it being then ordered that the line of that precinct should be so changed as to include all the inhabitants thereof. April 5, 1858, the voting place of Precinct No. 1 was removed to the town of Tarapico ; while those of Precincts Noe. 4 and 5 were transferred to the home of Dr. Aaron Richardson and the Inlow schoolhouse respectively.

Number Six. - Commencing on the county line between Benton and Lane counties, where the section line between sections three and four in township fifteen south, range seven west, intersects said line ; thence north to the township line between townships twelve and thirteen ; thence west to the east line of the Reservation ; thence south to the county line ; thence east to the place of beginning.

Number Seven. - Commencing on the county line between Polk and Benton counties, where the section line between sections seven and eight, township ten south, range seven west intersects said line; thence south to township line between townships twelve and thirteen ; thence west on said line to a point directly south of a point on Yaquina road one-fourth of a mile above Tide City (the old steamboat landing); thence north to said point last named ; thence up Yaquina river and valley to the east line of the Reservation ; thence north to the north line of Benton county ; thence east to the place of beginning. To be known as Pioneer Precinct No. 7.

Number Eight. - This precinct to embrace all territory and settlers in that part of Benton county, lying and being west of and not included in Precincts Nos. 6 and 7.

Monroe. - Beginning at the Willamette river on the township line between townships thirteen and fourteen south, range five west ; thence west on township line to the section line between sections three and four, township fourteen south, range seven west; thence south to the county line between Lane and Benton- counties ; thence east to the Willamette river ; thence down said river to the place of beginning. The place of voting to be at the school-house in Monroe.

Willamette. - Commencing at a point on the south boundary of Precinct No. 2 where the section line between sections twenty-seven and twenty-eight, township twelve south, range five west, intersects said south boundary ; thence east along the south line of Precinct No. 2 to the Willamette river ; thence up said river with its meanderings to the township line between townships thirteen and fourteen south, range five west (being the north boundary of Precinct No. 4 - Monroe); thence west on said township lines of the section lines between sections thirty-three and thirty-four, township thirteen south, range five west ; thence north to the place of beginning. The place of holding elections to be at Winkle school-house.

Muddy. - Commencing on the south boundary line of Precinct No. 2 where the section line between sections twenty-seven and twenty-eight, township twelve south, range five west, intersects said line ; thence westerly following said south boundary line of Precinct No. 2 to the east line of Precinct No. 6 ; thence south to township line between sections thirty-three and thirty-four, township thirteen south, range five west ; thence north to the place of beginning. The place of voting to be at Feichter's school-house.

Thus it will be seen that at the half year ending June 30, 1866, the county was divided into nine precincts which, besides the numbers they bore, were named Soap Creek, Corvallis, Willamette, Monroe, King's Valley, Alsea, Pioneer, Yaquina and Muddy. This distribution continued until 1868 when the southern line of Precinct No. 2, was re-established as follows :

Corvallis. - Commencing on the Willamette river ; thence running in a westerly direction, including the former residence of Thomas Norris ; thence in a direct line to the southeast corner of section thirty-one, township twelve south, range five west.

Philomath. - Commencing on the section line between sections four and five, township twelve south, rangfe five west, at a point where the township line between townships eleven and twelve south, range five west, intersects said section line ; thence south to Muddy creek ; thence following Muddy creek to the township Hue between townships twelve and thirteen south, range five west ; thence west on said township line to the east boundary of Precinct No. 6 ; thence north to township line between townships eleven and twelve ; thence east to the place of beginning. And that the voters at the head of Wells creek, vote in said precinct. The place of holding elections to be at the College in the town of Philomath.

Pioneer. - Commencing at a point on the county line between Benton and Polk counties, north from the dividing ridge between Wiley Norton and Carter Troxell ; thence south (including Alkali valley,) to the section line between sections sixteen and twenty-one, township eleven south, range seven west; thence west to the range line between ranges seven and eight ; thence south to the Alsea precinct ; thence west to the east boundary line of Elk City precinct, No. 11 ; thence north to the county line ;

Elk City. - From and including Charles May's claim on the Yaquina road south to Alsea precin6t, north to the county line ; on the west, from Mill creek, running south to the Alsea precinct and north to the Siletz Reservation. Elk City schoolhouse to be the place of holding elections.

Yaquina. - All that territory lying west of the west line of Elk City precinct, be and is set off and established as Yaquina precinct, No. 8, and that the place of holding elections be at S. Dodge's, in Oysterville.

By this new arrangement there were eleven precincts, viz : Soap Creek (No. 1); Corvallis (No. 2); Willamette (No. 3); Monroe (No. 4); King's Valley (No. 5); Alsea (No. 6); Pioneer (No. 7); Yaquina (No. 8); Muddy (No. 9); Philomath (No. 10); Elk City (No. 11). On April 4, 1870, the places of holding elections in some of these were changed to a more convenient locality, thus : In Yaquina precinct the Ocean House at Newport was substituted for the residence of Capt. Dodge at Oysterville ; in Pioneer, it was removed from the house of Jesse Heptonstall to that of. T. Lytle ; and in Alsea, it was transferred to the school-house, in lieu of the residence of Jacob Holgate ; while, it was then ordered that J. McR Brun, William Burge and William Hammond be attached to Philomath precinct for the purpose of voting.

Tum Tum. - Commencing at the junction of the Yaquina and Little Elk rivers ; thence running south to Big Elk creek ; thence up said creek to its head, including all the voters up said creek and its tributaries from the junction of the western line with said creek ; thence in a northerly direction to and including the farm of George and James Cross ; thence in a westerly direction to the dividing ridge between the waters of Little Elk and Yaquina rivers ; thence down said divide to the place of beginning. The place of voting to be at the house of James A. Parrish, in Tum Tum valley.

At this term of the court the place of voting in Pioneer precinct, No. 7, was changed from the residence of T. Lytle to the Pioneer House, kept by Caleb Mason ; while, April 8, 1874, Precinct, No. 13, was created, viz :

Lower Alsea. - Commencing at Scott creek on the Alsea river ; thence south to the south line of Benton county ; thence west to the Pacific ocean ; thence up the beach (north) to Beaver creek; thence east to a point due north of the place of beginning ; thence south to the place of beginning. The place of holding elections to be at Thomas Toby's, on Alsea river.

Toledo. - Commencing at the middle line of township eleven south, range ten west, where it intersects the Yaquina river ; thence in a northerly and easterly direction (to include the Siletz Agency) to the county line ; thence west to a point due north of the section line between sections twenty-six and twenty-seven, township eleven south, range eleven west ; thence south to the north line of the Alsea precinct ; thence east to a point due south of the middle line of township eleven south, range ten west ; thence north to the place of beginning. The place of voting to be at the house of John Graham.

Elk City. - Ordered that the territory included in the following bounds be set off and established as Election Precinct No. 11, Elk City Precinct. On the east from and including Charles May's on the Yaquina road ; south to Alsea precinct and north to the county line ; on the west by the east line of Toledo precinct, No. 14 ; on the south by Alsea precinct ; and on the north by the county line. The place of voting to be at Elk City Hotel in Elk City.

Yaquina. - Commencing at a point in the county line between Tillamook and Benton counties, due north of the section line between sections twenty-six and twentyseven, township eleven south, range eleven west; thence south to the north line of Lower Alsea precinct ; thence west to the Pacific ocean ; thence northerly to the county line and thence east to the place of beginning. The place of voting to be at Pioneer House in Newport.

The east line of this precinct was changed, however, April 1, 1878, when the Court directed the location of the precinct line on the section line running north and south between sections twenty-five and twenty-six of township eleven south, range eleven west, thereby placing the eastern boundary of the precinct one mile farther east. On the same date, upon petition of the voters the name of Pioneer was altered to that of Summit precinct, while, April 8, 1879, Precinct No. 15 was created, and Nos. 13 and 6 re-located, as under :

Tidewater. - Commencing at the northwest corner of section four, township thirteen south, range nine west ; thence south to the county line ; thence west to the west line of township ten south, range nine west ; thence south to the county line ; thence west to the west line of township thirteen south, range ten west; thence north to the north line of township thirteen south, range ten west; thence east to the place of beginning. The place of voting to be at Thomas Russell's.

Lower Alsea. - Commencing at the northwest corner of township thirteen south, range ten west ; thence south to the county line ; thence west to the Pacific ocean ; thence up the beach north to Beaver creek ; thence up Beaver creek to a point due north of the place of beginning ; thence south to the place of beginning. The place of voting to be at the old Mead place.

On August 4, 1880, the place of voting in Turn Turn precinct was changed, for the sake of convenience, from the house of Mr. Parrish, to the school-house; while, February 9, 1882, that in King's Valley was transferred from the old to the new school-house near the residence of Rowland Chambers.

April 3, 1882, the Board of County Commissioners ordered the consolidation of Willamette and Muddy precincts under the name of Willamette precinct No. 3, with the following boundaries :

Willamette. - Commencing on the Willamette river, on the south boundary line of Precinct No. 2, where the section line between sections thirty and thirty-one, township twelve south, range four west intersects said river ; thence up said river to the township line between townships thirteen and fourteen south, range four west (being the north boundary of Precinct No. 4); thence west on said township line to the southwest corner of section thirty-four, township thirteen south, range seven west, where it intersects the e*tst line of Precinct No. 6 ; thence north to the southeast corner of section thirty-four, township twelve south, range seven west ; thence east along the township line to the southeast corner of section thirty-one, township twelve south, range five west ; thence in a direct line easterly to the place of beginning. The place of voting to be at the Willamette Grange Hall.

On April 7, 1884, the place of voting in Lower Alsea precinct was moved to the Ruble school-house ; that in Alsea precinct No. 6, being at the same time changed to the post-office ; while, September first, that in Soap Creek precinct was transferred from the Giugle school-house to the town of Wells, in the old Gibson store-house.

The precincts as they stand, November 1, 1884, are fourteen in number, viz : Soap Creek, Corvallis, Willamette, Monroe, King's Valley, Alsea, Summit, Yaquina, Philomath, Elk City, Turn Turn, Lower Alsea, Toledo, Tidewater, in all of which, as we write, the greatest excitement prevails as to who shall be the next President of the United States - James G. Blaine or Grover Cleveland.

One criterion of the rapid development of a hitherto sparsely peopled country is the want immediately felt for carefully laid out roads and easy means of transport. He who has experienced such a desire can readily appreciate the comfort of well-graded thoroughfares and smoothly macadamized streets. The scarcely-to-be-recognized trails give place as if by magic to the skill of the surveyor ; the compactly built ferry-boat to the dangerous ford ; and the mighty forest trees to the road-maker's ax. In a few short years miraculous changes are worked ; science brings places within comfortable travel and neighbors within ken.

The first order for the survey for a road that appears in the records is dated September 1, 1851, and called for a thoroughfare commencing at or near the house of Thomas Reed, and terminating by the way of Hubbard's mill at the southern boundary of Benton county. The applicants in this instance were, E. Hartless, A. N. Locke and A. Newton ; the viewers, Chatman Hawley, Charles Johnson and Abner Drumm ; and the surveyor, G. E. Cole. It is not our purpose, however, to follow the thousand and one petitions for original roads, changes and repairs, nor have we the space at our command to even outline the localities of those, save in a very few instances. It is proper, however, to record that the first division of the county into Road Districts was on April 5, 1855, when the following distribution was made :

Number One. - Commencing at the northeast corner of the county on the Willamette river ; thence up said river to the township line between townships eleven and twelve ; thence west on said line to within one mile of the township line between ranges four and five west ; thence parallel with said township line between townships ten and six, ranges four and five west to the north line of Benton county ; thence east along the county line to the place of beginning.

Number Two. - Commencing at the northwest corner of District No. 1 ; thence along said line south to the southwest corner of the same ; thence west on township line between townships ten and eleven until it strikes the township line between ranges five and six ; thence north along said line to the north line of Benton county, thence east along said line to the place of beginning.

Number Three. - Commencing at the northwest corner of District No. 2, and running south with said district one mile beyond the southwest corner of township ten south, range six west ; thence west, including all settlers ; thence north to the county line ; thence east to the place of beginning.

Number Four. - Commencing at the southeast corner of District No. 8 ; thence south, to the line between township eleven and twelve south, range six west ; thence west on said Hne, including the settlements ; thence north to the south line of District No. 3 ; thence east along said line to the place of beginning.

Number Five. - Commencing at the northeast corner of township eleven ; thence south to the Willamette river; thence up said river to the township line between townships eleven and twelve ; thence west with said line to the southwest corner of township eleven ; thence north, bounded by District No. 4 ; thence east along District No. 2 to the place of beginning.

Number Six. - Commencing on the Willamette river, on the township line between townships eleven and twelve ; thence west two miles ; thence north two miles; thence east two miles to township line between ranges four and five west ; thence south to the river ; thence up said river to the place of beginning.

Number Eight. - Commencing on the river ; thence west on the township line between townships eleven and twelve, two miles ; thence south two miles ; thence east to the Willamette river ; thence down said river to the place of beginning.

Number Eleven. - Commencing at the southeast corner of section twenty-four, township thirteen south, range five west, including " all hands " living on the river ; thence due west to the mountains ; thence north, including all settlers, until it strikes the southeast corner of District No. 10 ; thence east to the river ; thence up said river to the place of beginning.

Number Twelve. - Commencing at the southeast corner of section thirteen, township fourteen south, range five west, thence due west, including all settlers to the mountains ; thence north, including all settlers, to the southwest corner, on line of District No. 11 ; thence following said district line east to the Willamette river ; thence up said river to the place of beginning.

The supervisors appointed for these road districts were: James Gingles (No. 1), Jacob Martin (No. 2), Lucius Norton (No. 3), Charles C. Davis (No. 4), Abner Drumm (No. 5), William L. Caldwell (No. 6), James Stewart (No. 7), E. E. Taylor (No. 8), Harvey Young (No. 9), E. Hartless (No. 10), Lewis Dennis (No. 11), Aaron Richardson (No 12), Silas Belknap (No. 13).

It will be sufficient to say in this place that the county was re-distributed into twenty -six districts, December 7, 1858 ; and into the number of fifty-two, which it comprises at the present writing, February 4, 1884.

With the settlement of that portion of Benton county known collectively as Yaquina Bay some public artery of communication became necessary to enable its residents to have easy access to civilization generally and the county seat particularly, therefore, February 6, 1860, the court received a petition praying for the location of a road from Corvallis to tide water on Yaquina bay, which, having been read the first time, B. R. Biddle, Stephen Robnett and Ichabod Hinkle were appointed viewers. The report made by these gentlemen, April 3, 1861, was duly adopted, and the road constructed ; while, August 6, 1877, that between Elk City and Seal Rocks, was declared a public highway.

About the year 1853-54 certain of the citizens of the county had devised the scheme of bridging Mary's river at the town of Corvallis and in order to do so desired to organize a joint-stock company for the purpose, but, April 3, 1854, a petition was presented to the court by Richard Irwin and other citizens living south of Mary's river, denouncing the scheme and protesting against the incorporation of toll bridge companies on that stream. The document was ordered filed, and the matter would appear to have sunk into oblivion, until brought to light, April 10, 1856, by an application to the court for a charter to construct a toll-bridge but whether this was granted, or not, the records do not state. It is to be assumed, however, that it was, for, July the ninth, the court granted authority to John Pike to charge toil over the bridge built by him over Mary's river, at the point where the territorial road crosses that stream, with the condition that the bridge shall be duly completed and that it shall cost the full amount of fourteen hundred dollars, stated by him in his petition to have been subscribed by individuals in the sum of one thousand dollars, and leaving a balance of four hundred dollars. The time for such opening of the bridge was limited to the first Monday in September, 1856. On the third day of that month Mr. Pike reported the completion of the bridge at the above cost of one thousand four hundred dollars, of which amount eight hundred and sixty-four dollars and fifty cents had been procured by individual subscription, only five hundred and seventy-five dollars being collected, leaving a balance due of eight hundred and twenty-five dollars; whereupon the Board of Commissioners directed the appropriation of certain county property in the town of Corvallis, valued at three hundred and twenty-five dollars, and certain promissory notes in hand amounting to five hundred dollars, for the purpose of liquidating the debt, provided that Mr. Pike, after using due diligence, should fail to collect the balance subscribed and unpaid, and also to procure by subscription a sufficient sum to pay the amount due. In the course of time age told upon this structure and caused another petition to be presented to the County Commissioners, September 3, 1861, praying that an appropriation be made from the public funds towards building a new bridge, to which the court acceded, the material of the former structure being placed at the disposal of the signers of the petition at a valuation of seventy-five dollars and an additional sum granted to make up the full amount of the county appropriation, equal in total to the amount raised by subscription, which would be forthcoming at the proper time. July 7, 1862, upon the bridge being completed and accepted by the court the county paid its quota of six hundred and fifty-nine dollars, and gave to the public one of the most serviceable structures of the kind in the district.

Another useful means of inter-communication is the ferry. At the session of the court held July 8, 1851, two applications were made for licenses to operate ferries, one by William F. Dixon, which was refused; the other by A. M. Kainwater, was granted, the location being across the Willamette river opposite the town of Albany. On the first Monday in December, 1853, license was granted to Harlow Bundy to establish a ferry on Mary's river on the land claim of J. C. Alexander; also one to J. C. Avery for the same purpose, on the same stream about a quarter of a mile from its mouth. April 3, 1854, Thomas Allpin was granted a similar boon for a point across the Willamette, three miles below the town of Albany, at the landing that bore his name. December 3, 1855, Charles Knowles was granted a license to operate a ferry about one mile from the mouth of Mary's river, on his land claim, while, April 6, 1857, Wayman St. Clair received permission to operate the ferry at the town of Corvallis. April 2, 1861, A. Hash was given official authority to keep a ferry across the Willamette opposite the town of Peoria; J. C. Avery receiving a licence, September 3, 1861, to maintain a ferry across Mary's river, below where the State road crosses that stream, running south from Corvallis. July 3, 1865, license was granted for a like purpose, at a point opposite the town of Albany, across the Willamette, to Milton Hale, Samuel Houghton and William Hale ; while, March 7, 1866, Samuel Case received authority to operate the ferry at the mouth of Yaquina bay, while, April 8, 1874, L. E. Davis received the like permission between the town of Newport and a point near his house, on the same arm of the sea. June 11, 1880, license was granted to G. W. Hobert to maintain a ferry across Alsea bay, and, September 4, 1882, Jacob Holgate, received the like permission, at a point near his residence, on the same inlet.

The foregoing notes have been procured from the proceedings of the Board of County Commissioners, but it is presumed that ere the governmental machinery was moving several of the ferries earlier named were being operated, notably those at the towns of Corvallis and Albany.

Among licenses granted for other purposes - we may notice that to C. W. Wilds, September 1, 1851, to keep a grocery in Marysville. In the month of December, 1853, the price for such licenses was increased to the sum of one hundred and twenty-five dollars a year; while, July 7, 1857, that for peddlers was regulated as under: with wagon or carriage per month, ten dollars; pack-horse, five dollars; each additional horse, two dollars ; foot-man, three dollars.

The first grand and petit jurors summoned in the county, under date December 3, 1851, were: Arnold Fuller, Francis Writsman, William F. Dixon, Jacob Martin, Monroe Hodges, James Watson, Silas M. Stout, Nahum King, George W. Bethards,

To perform their duties it was necessary to provide a suitable place for them and for the sitting justice, therefore December 3, 1851, the clerk was directed to rent a building in which the ensuing term of the United States District Court should be held, which was duly done, and the Court having concluded its session June 29, 1852, the sum of one hundred and ninety-two dollars and fifty cents was ordered to be paid out of the county funds to Hon. O. C. Pratt, Judge; R. P. Boise, Prosecuting Attorney; Sheriff Starr ; Deputy-Sheriff S. M. Stout, and A. G. Hovey, Clerk.

At the term of Court mentioned above one Nirarod O'Kelly was convicted of the crime of murder in the second degree and sentenced to imprisonment, but there being then no penitentiary where he could be incarcerated his custody then became a charge upon the county, who paid between June 29, 1852, and April 5, 1853, for this purpose no less a sum than one thousand three hundred and eighty.three dollars, and twentyfive cents. Another heavy item of expense borne by the county in those early days was that for the care of insane persons, it being on record that, July 6, 1852, four hundred and twenty-three dollars, and twelve cents was ordered paid for the care of Henry Shepherd, for seventy-seven days, being at the rate of about five dollars and a half per day.

The first mention we have of the official division of Benton county into school districts is on September 7, 1852, when the following partition was made:

Number One. - Commencing at the northeast corner of Benton county ; thence running up the Willamette river to the mouth of the slough leading from " Strands ; " thence westerly including the residences of Thomas Bowers and Lewis Morris ; thence north to the county line, so as to leave Gingle's school-house in District No. 1.

Number Two. - Commencing at the southwest corner of District No. 1 ; thence running west of Soap Creek ; thence north along said hills to the county line.

Number Three. - Commencing at the Willamette river at the southeast corner of District No. 1 ; thence up said river; thence west, including the residence of John Sylvester and H. C. Lewis; thence far enough to include the residence of Phillip Mulkey ; thence north to the line of District No. 2.

Number Four. - Commencing on the Willamette river at the line of District No. 3 ; thence up said river to Harvey Young's ; thence westerly, including the residence of said Young and the claims of J. A. Bennett and Prier Scott ; thence north including the claims of Charles Johnson and James L. Mulkey, thence to intercept the line of District No. 3.

Number Five. - Commencing at the line of District No. 4 on Mary's river ; thence up said river including David Henderson's claim ; thence northerly, including the claims of W. St. Clair, William Wyatt, Luke Mulkey and Stephen Robnett; thence eastwardly to the line of District No. 11.

Number Eight. - Commencing at the junction of Muddy creek and Mary's river; thence up said creek to the southern line of John Feichter's claim ; thence westerly to the "Mountain," including John Foster's claim.

Number Nine. - Commencing on Muddy creek, at the line of District No. 8 ; thence up said creek to the northeast corner of Silas Belknap's claim ; thence west to the " Mountain."

Number Ten. - Commencing at " Kelsay's Foot Log " on Muddy creek; thence south to the county line, including all the settlements on the west.

Number Eleven. - Commencing on the Willamette river, at the line of District No. 4 ; thence up said river to a point east of Nimrod O'Kelley's claim ; thence west to Muddy creek, excluding Asa Stark's claim.

Number Twelve. - Commencing od the Willamette river at the southeast corner of District No. 11 ; thence running up said river to the southern line of Benton county, including all that portion of the county lying south of District No. 11 and east of Districts Nos. 9 and 10.

The first apportionment of school funds found in the records was made, February 21, 1853, as follows: District No. 5, one hundred and twenty-nine dollars and three cents; No. 10, fifty-three dollars and thirteen cents; No. 12, seventy-eight dollars and forty-three cents ; No. 6, one hundred and eight dollars and seventy-nine cents ; No. 4, one hundred and one dollars and twenty cents ; No. 3, one hundred and fortysix dollars and seventy-four cents ; amounting in all to six hundred and seventeen dollars and thirty-two cents.

From that date as the needs of the rapidly increasing population required it the number of school districts was increased until in November, 1884, there are sixty in number.