Fayette County, Texas - The whole text, 1902 (part 4 of 8)

Fourth Period

The South had been defeated in her great struggle. Exhausted by it, she still liad to bear its expenses. Texas, like the other States of the Confederacy, was placed under military rule. It belonged to the Fifth Military District. Troops held tlie exhausted country in check. Elections were lield at county seats, and voters were under police supervision, but the people submitted to this insult knowing that liberty was at stake. The negroes, the former slaves of the South, had been set free and even were made citizens. A great many adventurers from the North who carried their whole property in a carpet bag liocked to the South, allied themselves to the negro elements and, by their aid, took the reins of governtnent from the borne people and enriched themselves at their expense. Colored men now served on the jury and grandjur}^ and sat often on the cases of their erst-while masters (1870). All this aroused the southern blood ; an organization, called the Kuklux, was formed to fight these northern adventurers, who were nicknamed carpet-baggers ; tlie career of many an adventurer was brought to a sudden close by a bullet. It was at this time that a pistol law was passed ; as it seems in the opinion of the writer, to a great extent for tlie i)rotection of these adventurers (1871). The county court was called court of police and the cliief justice often went by the title of chief of police.

Many were the instances where county otiicers were deposed by military orders. They constantly changed; sometimes two and even three different persons tilled a county office during one year. Even accounts were often ordered paid by military orders. There was a constant interference in county afiairs from military headquarters.

quarters, 5tii Military District, bearing date March 27, 1869, to give effect to Sec. 19 and 21, Art. 5 of the Judicial Department of the Constitution, the County of Fayette was divided into five Justice's Precincts by the Police Court.

A special county tax of twenty-five cents for a more efficient administration of justice was levied by authority of general order No. 41 of the Fifth Military District, State of Texas, issued March 5, 1869.

No doubt, these uncertain times furnished a great many interesting topics of conversation to the news-monger of those days. The writer will name a few of them that may be still interesting. First, we have an instance, seldom as such an instance may be, where a citizen of Fa3^ette County was elected to office, but refused to qualify and give bond as required by law. His name was L. M. Mays ; he had been elected on June 25, 1866 to the office of assessor. Then we have the case of Sheriff N. B. Ferguson. One of his securities on liis bond, Malcomb H. Hill, had become entirely insolvent, Ferguson hustled to make up another bond, but was unable to make it up, and finally, to his eminent grief and regret, had to depart from liis office (1868). That Fayette County is not without her impeachment of officers show the Minutes of the Police Cou t (Book C, page 149), There a lover of queer records may find a suit, styled A. F. Dornwell vs, M. Zwernemann, Impeachment in office, entered on the Minutes of the Court. But like most impeachments, it was no sucess ; the complaint was dismissed (1871.) During this period there was also an election contest in the county ; it was for the office of county treasurer ; li. T. Bradshaw contested the election of A. L. Moore (1872). The case was finally decided in favor of II. T. Bradshaw who assumed charge of the office of county treasurer in February, 1874.

The talk of LaGrange for some time was also the protest of two commissioners, B. F, Dunn and S. C. Ferrill, against an order of the court. The county again enjoyed the services of a county attorney who had been appointed by the commissioners' court at a salary of $2.30 per year (1867), The appointee's name was B. Timmons. He had secured a great many convic- tions, and it was ordered by the police court that the convicts be hired to the corporation of LaGranf2;e or to private individuals and that tiiey sleep at night in jail. Against this order commissioners B. F. Dunn and S. C. Ferrill protested, unless the consent of the convict or convicts could be obtained in all cases. All credit to their humanity ; but as far as the consent of the convicts to work was concerned, the court might have waited forever.

To conclude on the general situation of the county, a few remarks may here follow on the taxes, finances and salaries in the county. The taxes amounted generally to one-half of the State tax. Since 1807 a special tax of five cents on the One Hundred Dollars worth of property for repairs on court house and jail was levied. In 1868 and following years a tax of fifty cents was levied on man's most faithful friend, the dog. Dogs for which taxes were paid were furnished with brass-plates ; all others were to be killed. This tax yielded a revenue of $890 ; there were at least seventeen hundred and eighty animals of the howling tribe. The writer cannot state how their owners liked this tax, but it seems to him that if the dogs had joined tneir owners in a protest against this tax, the court might have rescinded their order. At least, they could have set up a howl as the court had never heard before.

Inspite of taxes the treasury remained in a depleted condition. In 18G7 County Treasurer A. L. D. Moore reported that there were no funds in the treasury and that he had advanced $27.35 for the use of the county. Tliis was a sad condition. If there came money into tlie treasury, the salary of county officers was increased ; county commissioners received Four Dollars per <lay ; the judge's salary during this period was increased to Four Hundred Dollars per year.

In Ihe midst of these corrupt political conditions, in the midst of the general destitution of the country when everything fell short of the least hope, other great calamities struck the people. In 18G7 a yellow fever epidemic broke out in La- Grange. The same was said to be brought there by a peddler. Another version is that the j^ellow fever germs were imported into Fayette County in a box of books that was sent from New Orleans to Markmann and Richers, then living near LaClrangc. These were the first ones to die in this epidemic. Fearful were the losses of life, some families were eniireiy destroyed ; people who could fled from town and lived in tents in the country. Those ))risoners who were at that time in tlie county jail were either removed or discharged. The Commissioners' or rather the Police Court held no session from July, 1867, to January, 1808. The town looked like a grand funeral place ; the empty houses stood as grand monuments of wrecked business and fortunes. The town was not cleaned of weeds, they emitted a fearful stench ; infected bed cloths were scattered over town. Funerals were not conducted any more with decency ; the sup- ])ly of coffins in the town had given out, and corpses were placed for burial in hastily made, rough, wooden boxes. The names of the physicians who attended the people during their sickness were Drs. Blackmore, McGowell and White. Nevertheless the mail went regularly to and from LaGrange during this time ; it was carried by Chas. Helmcamp.

It may be asiiumed that on account of these conditions the crops were not well gathered. Destitution may have been more felt then than during the war. To make matters still worse, the Colorado River overflowed in 1869 and destroyed a large amount of property and, to a large extent, the crops of tliat year. It was the greatest overflow that ever happened in its valley. In LaGrange the backwater stood about five feet in the court house yard. In 1870 there was another overflow that largely ruined the crops of the Colorado valley. The water did not rise as higli this time as the previous year, but came up almost to the court house square. It rose high enough to enter tlie blacksmithshop now occupied by Mr. Koenig.

Fayetteville, one G. F. Steves, died thereof. - In that year the first quarantine regulations were passed and ordered enforced. In 1875 smaUpox brolie out in the Pecan neighborliood, and the R. IC. Hollovvay farm and the Pecan Grove schooihou'se neighborhood were quarantined.

It now becomes necessary to call the attention of the reader to some minor changes that took place in the county government. Snice 18()7 butciier reports, together with accompanying bills of sale, were required to be filed; the first one filed was that of G. M. 23ehrens and Henry Homutb. Since 1870 an animal and hide ins])ector appointed by the governor supervisied the stock interests of the county. It was again made the duty of the court to grant citizens' papers to foreigners and the first grants of this kind again on record date January Term, 18G8.

In 18G9 the road precincts had increased to ;>3 of the first and 41 of the second class. In 1871 a road overseer over all tlie roads of the county was api^ointed. He entered with the' county into a contract and gave bond. Both, contract and bond w^re filed. The first road oversver over all the county roads was

!"^ In 1807 the number of election precincts had increased, to fifteen. A new division of election precincts was made in 1871 ; their number was reduced to live. In 1873 this order was again changed and 20 election precincts were established. ^

In 1866 some transcripts of public records were ordered to be made by the county clerk, viz : the original three Books of Marks and Brands. He had completed his labors in 1868 and received $170.20 as compensation for his services. These books were transcribed by R. L. Shepherd.

We may now devote a few remarks on the care of paupers. From appropriations on record we find that a great many old and indigent colored men, called then freedmen, received support from the county. The county also paid considerable sums of money for conveying insane persons to the state lunatic asylum in Austin, also for their board and clothing. In September, 1875, the county supported twenty-one indigents at the expense of $229 per quarter of a year.

In regard to school affairs we learn by gleaning over the records that in the year 1867 there were 1819 school children between the ages of six and eighteen years in Fayette County. The schools were managed since 1870 by school trustees who had to report to the police court. In 1872 a board of school trustees took charge of school affairs in the county. A school tax of 12^ cents on the One Hundred Dollars' worth of property was levied at that time in the county.

It was not a favorable time to sell the school lands of Fayette County for the reason that money was still scarce in the country. If it was done with the view of procuring money, it must have failed, because there was no money in tlie country. In 1867 the question of selling the school land of Fayette County was submitted to the people. The vote was cast for the sale of the lands. N. W. Faison was therefore appointed to contract for the survey of the school lands. Several orders of the court were passed in 1868 in regard to the sale of these school lands. Five hundred posters were printed and distributed over the county ; the expenses of sale were to be paid out of the interest accruing from the notes on the school land. But all these orders in regard to the sale of the school land had to be rescinded by the court. The state convention in g-ession at Austin declared the sales already made null and void, and postponed the sale of the lands indefinitely. Therefore, the court passed the following order in accordance with the act of the state convention at Austin: "Whereas the state convention now in session at the city of Austin, Texas, has declared null and void all the sales of public school lands heretofore made by the Police Courts of the different counties of this state under the act of the Eleventh Legislature of said state of Texas, approved November 1, 1866, and whereas said Convention has ordered that all further sales of said Public Lands be suspended indefinitely, - It is therefore ordered by this court that all proceedings in reference to the sale of lands aforesaid be indefinitely suspended." This order withdrew the school lands of Fayette County for an indefinite time from the market (1868).

In the same year of 1868 a league of Fayette County school land was located by David Thomas on Little Wichita in Baylor County. In 1877 the question of locating Fayette County school lands in outside counties was again considered by the court. Col. N. Thomas was appointed to do this work. The same above mentioned lands in Baylor County were again located by him and the thanks of the court were voted to him for performing this work.

The question of the sale of school lands should cause the county also a suit. N. W. Faison had been employed to survey and divide the Fayette County school lands. This he had done. But as the county was enjoined from selling the lands, she refused to pay his claims. His executors brought suit against the county for $1130 for the survey. H. Teichmueller and W. H. Gazley were appointed by the county to defend her in this suit (1872). This suit was won by N. W. Faison's'cxecutors ; it was carried on appeal to the SupremejCourt ; this court affirmed the

Another suit during this period may here also be mentioned. It was likewise decided against the county. The court had allowed the sheriff as charges for boarding a prisoner sixty cents per day. Sheriff R. O. Faires charged the county one dollar per day for boarding a i)risoner. He brouglit in his account for $1254; this was $533 in excess of the county's allowance. The county refused to pay his account and employed attorneys Delany, Teichmueller and Dunn to defend her in this suit. The suit was decided against the county in the district court and was carried on appeal to the Supreme Court. Here it was lost also by the county.

In 1871 there was some trouble with Washington County in regard to the county line. Taxes had been collected by Washington County oliicers in territory that properly belonged to Fayette County ; also cases that came within the jurisdiction of Fayette County were tried in Washington County and fines were collected thereon. A. F. Dornwell was appointed by the court to make a settlement with the treasurer of Washington County in regard to these unlawfully collected taxes and fines.

Diflerent epochs can never be distinctly separated ; events thnt belong to one will reach into the other. As remarked at tlie close of the second epoch, coming events forecast their shadow s. But in this case the attention of the reader is turned to a more propitious event than tlie one of the second epoch. As tlie estabiisliing of jiatrol companies foreshadowed the great Civil War, so there was not an event missing at this time which foretold a bright and prosperous future. In 1871 tlie Southern Pacific was granted the right of way over the school lands of F.iyette County. (The road was not built over the school lands of the county; anotlier route was chosen.) In tiie following year, 1S72, its track was built througii the county. Flourishing towns sprang up along its track, viz.: Schulenburg and Flatonia. Both places were incorporated, The election for incorporating the town of Schiilenburg was held March 16, ISTo ; the town was proclaimed incorporated May 24, 1875. The incorporated town embraced one square mile. The election for incorporating the town of Flalonia was held November 8, 1875 ; November 10, it was proclaimed incorporated, and on tlie sixth day of December, 1875, the first election for mayor and aldermen was held by John Cline.

As a factor in building up and advancing a country the railroads stand unequaled. Their arrival announces the coming of an era of industry and development. The hopes that the citizens of the county placed in their arrival were rather surj)assed. With the arrival of the Southern Pacific into Fayette County as forerunner starts the last and brightest epoch m the history of the county.

The minutes of the court of this epoch were closed by the Court with the following order : "The foregoing minutes being read and found correct, it is ordered that the same be approved and that the old county court adjourn to give place to the New Board that is waiting to qualify and go to work. Signed Isaac Sellers; J. R. Scates, J. P. No. 1; E. Henkel, J. P. No. 2; C. Luck, .J. P. No. 3; Chas. Welhausen, J. P. No. 4; R. T. Bradshaw, Treas. Fayette Co.; Louis Jost, Sheriff; Thos. Q. Mullin, Co. Clk Elect F. Co. Written across the last page stands the following remark: ''Here ended the last lesson of the Old County Court on the 18th day of April, A. D. 187G, at 12 M. Signed Thos. Q. Mullins.

This ended the era of reconstruction. The carpet-bagger regime was defeated and again the whites managed the affairs of government in nearly all the counties of the state.

Fifth Period

Having concluded the last chapter with some remarks on railroad building, the writer very appropriately may continue his remarks on this subject. The rich lands of Fayette County, the promising chances of their development could not escape the attention of railroad companies. The Houston and Texas Central had been built even before this period. It had paid taxes for its line of railroad track through Fayette County in Washington County on the claim that its track did not run through any portion of Fayette County. The reader remembers well that taxes from this portion of the county were paid in Washington County and that our friend A. F. Dornwell had been appointed by the court to make a settlement with the treasurer of Washington County in regard to these unduly collected taxes (1871). From the year 1877 on the Houston and Texas Railroad Company was required to pay taxes in Fayette County. In 1883 the Southern Pacific built a branch from Co- Inmbus to LaGrange, the citizens of Fayette County having given to the company the right of way through the county and a bonus of $40,000. This was the first railroad connection of LaGrange with the outer world. Other railroads followed ; in 1886 the Taylor, Bastrop and Houston Railroad was built to La- Grange. This road was sold to the Missouri, Kansas and Texas Railroad Company. The latter company built the line beyond the limits of Fayette County to Houston (1892) so that La- Grange now lies on the trunk line of that company from Houston to St. Lou'S. In 1888 and succeeding years the branch of the Aransas Pass from Yoakum to Waco was built through the western portion of the count3^

The building of railroads in Fayette County gave a great impetus to the general development of the county. Fayette County people were in constant contact with the outer world. A large immigration came into the county to make this their

-Upborne. Private and public improvements sprang up eVer'ywhere. Most noticable were the improvements in public. buildings. A new jail, a new court bouse and a poor bouse wer« built; instead on a ferry-boat the Colorado was crorsxl on an iron bridge. Numberless bridges over small streams and ravines were built. The public roads were improved.

Before we treat of all these subjects, we must permit a paragraph to the fund which enabled the county to make all these improvements, if for no other reason than that in treatinty of these subjects this fund must conslanlly be referred to. It was the school fund. The proceeds of the sales of the Favette County school lands were invested largely m these improvements, thereby effecting several benehcial objects. 1. The county was improved. 2. This attracted immigration. 3. The school fund did not lie idle, but circulated and bore interest. 4. This accrued to the benefit of schools and education.

The reader remembers that during the reconstruction period in 1867 the question of selling the Fayette County school lands was considered by the police court, that the i)eople of the county were in favor of it, but that the sale of the school lands had to be postponed indefinitely on account of an act of the state convention postponing the sales of these lands. Soon after the era of reconstruction this question was again considered by the court and with better success (1876). A committee of eleven Fayette County citizens was appointed to make a plan for selling the Fayette County school lands. The committee reported and the following were the main provisions of their plan:

Five appraisers were to be a^^pointed to value the land. The sales thereof were to be made at public auction to the highest bidder at the court house door. If the bid fell below the appraiser's price, the land was to be withdrawn lo a later time for sale. Notices of the sale were to be published in the Galveston News, Texas Post and Fayette County Record ; also hand bills regarding the sale were to be published in English and German and to be distributed over the county. Settlers that had settled on school lands should have the right of pre- emption. Only the school lands situated in Fayette County were to be sold ; the sale of school lands situated in other counties was to be postponed. The center tract of 36 sections* of prairie land was also to be reserved ; the outside sections surrounding this tract were to be sold first.

Tliis plan seems to the writer and perhaps also to the reader very carefully drawn up and appears very reasonable. Still, not all of the committee concurred in it. L, W. Moore, one of the committee, entered the following protest: "1 protest against the whole system of public sales as delaying the sales and in fact making the appraisers the selection of whom was in no manner submitted to the consultation of the citizens of the county the arbitrary disposers of this valuable trust property given by our forefathers to their children. In fact this pretended consultation with a committee was a farce as two of the committee are commissioners who said that they had already determined the matter. My convictions of duty impel me to protest against this mode of disposing of this valuable land.

The following were the Fayette County School lands: A large tract of prairie land, a timber tract north of the Colorado River, and land on Rabb's Creek.

Of these lands the following sales were made : 1, as per report of John E. Moore, auctioneer of these school lands, report made November, 1876 : Seventy-seven tracts of prairie land were sold at prices ranging from $2 to $20.30 per acre and brought $40,773.62. Six tracts of Rabb's Creek survey were sold at prices from $2.55 to $12.05 per acre and brought $4537.85. JSineteeu tracts of timber land were sold at prices from $3.30 to $16 per acre and brought $2,403.55. The Grand Total of the proceeds was $47,715.02.

*NoTB. From Minutes of the Commissioners' Court. "That thirty-six sections of the prairie land in the form of a square, constituting the center of the land according to the plot prepared by N. W. Faison and L. W. Alexander, be reserved and that the sections surrounding said body of land be first offered for sale."

2. On November 18 and 19, 1878, as per report of John 1^. Moore, auctioneer, forty-five tracts of prairie land at prices ranging from $4.85 to S12 30 per acre were sold and brought 835,853.66.

In 1879 a committee was appointed to invest tins money, realized from the s.^le of the Fayette County school lands, in interest-bearing bonds,

3, In 1880 an appointed committee recommended the further sale of Fayette County school lands, and in that year John E. Moore reported the following tracts of Fayette County school lands sold : Twenty-one tracts at prices from 75 cts. to $5.15 per acre brought $855.76 ; four tracts of prairie land at prices from $10,15 to $12.50 per acre brought rf 4, 561. 86 ; nine tracts of timber land at prices from $1,25 to $11 per acre brought $587,98, The Grand Total realized by the sale of these school lands was $6,005.02.

5. In 1891 R. T, Bradshaw was authorized to sell the Fayette County school lands ; if sale were confirmed by the court, the judge should draw a deed for same. R. T. Bradshaw sold the entire school timber land, 187.^ acres, at $2.50 per acre. The sale realized $468.75. It was confirmed by the court.

Besides these public sales where the lands were bid in by an agent of the county, if they did not realize enough, a great number of sales of small tracts of land to single individuals took place by special order of court.

Thus it will be seen that the school lands in Fayette County realized clear of expenses $92,055.82. Of this amount $90,500 were invested in bonds. As there was a constant and dangerous risk that these bonds which were made payable to bearer might get into the hands of a wrong party, they were ordered, together with the coupons attached thereto, to be stamped "non negotiable ;" they could be sold only by special order of court (1895).

The reader remembers that in 1853 a jail was built for the county by A. Ammann and H. L. Kreische. This jail served the county for a great many years. It was remodeled in 1876. Though it was a solid building, it was deemed that it did not meet the demands for the safe keeping of the modern criminal. With the improvement of jails the ingenuity of the criminal to break them had equally increased and, therefore, this old simple structure, though solid, was not deemed sufhcient to baffle the hopes of escape of the ingenious prisoner. In 1881 a committee was appointed, one from each justice precinct, with power to advertise and receive bids, plans and specifications for the building of a new jail. A majority of the committee should make a quorum. The committee consisted of Chas. Michelis, Max Meitzen, Geo. Weyand, Alex McDow, J. C. Melcher, II. 0. Faires, A. Ammann and Geo. Knippa. The bid of F. Schulte to build a jail for $22,075 was accepted. An additional appropriation of $3,000 for the building of a new jail was made in the same year. Architects Andrewarthe and Wahrenberger were appointed as supervisors of the building of the new jail at a salary of 1550. A contract was made between county judge J. Stiehl and F. Schulle ; the latter gave bond in the sum of Five 'I'housan(f Dollars. The building of the jail should commence immediately and was*to be ready for occupancy by January 14, 1882. The jail was not completed by F. Schulte at the stipulated time. The county took charge of completing the jail, but had to pay for its completion a larger amount than she had contracted for with F. Schulte. The county sued F. Schulte, also jointly with him his bondsmen, R. Wolters, F. W. Turner, Chr. Baumgarten, J. Kinkier and C. Kruschel for the amount she had to pay over the sum contracted for with F. Schulte for building the jail. The county employed the attorneys W. H. Ledbetter, J, W. Hill, \V. S. Robson and A. J. Rosenthal to bring suit against these parties at a fee of Eight Hundred Dollars ; Four Hundred

Dollars were to be paid on filing said suit and Four Hundred as soon as said suit was tried and disposed of (1884). This suit was not tried, but compromised by H. J. Hildebrand with F. 8cbulte's bondsmen (1885). The latter agreed to pay the sum of $1250 and costs of suit and paid same to the county treasurer resp. district clerk in the same year.

The new jail is a solid, substantial, modern building with all the appliances for safely keeping? prisoners. A pretty iron fence was built around it at a cost of $2,078 in 1884. In tiie same year a sewer pipe of eiglit inch terra cotta piping was laid from the jail to the riyer on the east side of Main street for a distance of 3, GOO feet, To insure the still better safe keeping of prisoners the sheriff was allowed a guard at a salary of Forty Dollars per month.

At the completion of the jail, the county was in debt. The money to buifcl the jail had been largely borrowed from the school fund of Fayette County at five percent interest and debited to the general fund. To liquidate this indebtedness a special tax of three-twentieths of one percent was levied for jail and court house purposes. In the year 1884 twenty-two jail bonds of One Thousand Dollars each, running for fifteen years from April 15, 1884, and bearing five percent interest, were issued ; the bonds were taken up by the school fund. As early as 1887 five of these bonds were paid; there are still three remaining outstanding (February 10, 1902). But the patriot may justly hope that these bonds will be paid before the county starts building a new jail.

In 1887 tlie following proceediugs led to the assumption of this bridge by the county. A committee was appointed to ascertain and report upon the practicability, necessity or impracticability of erecting a bridge across the C'olorado River at the city of LaGrange by the following order of court : "It is ordered by the court that a committee of sixteen, two members from each Justice Precinct of Fayette County, with the County Judge as chairman of said committee, be and they are hereby appointed for the purpose of investigating, ascertaining and reporting to this court as early as practicable upon the practicability, necessity or impracticability of erecting a bridge across tiie Colorado River at the city of LaGrange, and if they find that a bridge across said river is necessary and practicable that they also ascertain the kind and style of bridge and the probable cost at which a bridge can be obtained or erected, and to do any and all other acts that they deem necessary to reach the purpose for which they are appointed and Max Meiti'.on, Ed. Manton, B. Sherer, Fred Luecke, G. C. Thomas, A.

F. Thulemeyer, C. L. Melcher and Nat Holman are hereby appointed the members to constitute said committee, and they are liereby authorized to call to their assistance some practicable civil engineer to assist them if necessary in ascertaining the" - (Thus closed in Minutes).

This appointed committee reported that it was necessary to have a free bridge across the Colorado River. They called to their assistance Civil Engineer B. A. Watham to ascertain tlie condition of the bridge of the LaGrange Bridge Company and its value. He reported the same in safe condition and worth $49,500. Thereupon J. C. Brown, A. T. Bradshaw and VV. S. Uobson, on the part of the LaGrange Bridge Company, sold this bridge to the county and the city of LaGrange for said amount. The county agreed to pay of this amount $41,500 and issued coui)on bonds for the latter; the city of LaGrange assumed to pay the balance of this amount and also issued bonds therefor. When the question came for decision before the commissioners' court, Commissioners Geo. Mauer and T. J. Ivey voted for the purchase of the bridge; Commissioners John C. Speckels and F. G. Seydler against it; the vote resulting in a tie, Judge A. Haidusek voted in favor of the purchase, and thus the purchase was completed.

We now have to refer back to the school fund. The sale of the school lands had realized a large amount. This amount was invested in bonds, partly in state bonds. A committee was appointed to negotiate the sale of thirty-one state bonds of One Thousand Dollars each held by Fayette County and in which the permanent school fund was partly invested; these bonds were dated July 1, 1879, and made payable and registered to Fayette County. A committee was also appointed to buy twenty of the bridge bonds of the LaGrange Bridge Company of Five Hundred Dollars each and invest in said bonds the permanent school funds of Fayette County then on hand in the treasury. Both these committees consisted of Geo. Mauer, J. C. Speckels, Thos. J. Ivey, A. Haidusek and John Lane. They reported that the eighty-three bridge bonds of live hundred dollars each, held by the LaGrange Bridge Company, had been bought by the county for Forty Thousand Dollars and that the thirty-one state bonds of One Thousand Dollars each had been sold at a premium of fifteen percent, amounting to $35,650. The clerk was instructed to draw a warrant in favor of the LaGrange Bridge Company on the county treasurer for $i,350, payable out of the Permanent School Fund then in the treasury, to cover the balance of tbe purchase money for the eighty-three bridge bonds, the latter amount being the difference between the money realized by the sale of the thirty-one state bonds and the purchase money of the eighty-three bridge bonds.

The city of LaGrange issued for her share of the purchase money of the bridge, viz., Eight Thousand Dollars, also bonds. The permanent school fund of the county was invested in these bonds (1887). In 1892 the attention of the court was called by the State Superintendent of Instruction lo the fact that this investment of the permanent school fund of the county in LaGrange City bonds was illegal. No action seems to have been taken on this notice.

LaGrange now had a free bridge. A toUkeeper was appointed for the bridge from March 11 to November 11, 1887, but after that the bridge was free. In 1897 the bridge approaches were turned over to the city of LaGrange by order of the court. In 1899, a steel structure, instead of the wooden approach on the e?st side of the Colorade bridge, two hundred feet in length, was to be built by the Wrought Iron Bridge Company of Canton, O. L. M. Raphael, a civil engineer of Houston who had made the plans and specifications for this steel structure, was appointed to superintend the work for the county. The company entered into contract with the county, but the price of steel having risen in the market, the company objected to building the bridge approach according to Raphael's plans and backed out from its agreement with the county. New bids were then called for and the several bridge companies notified thereof. The contract was awarded to the New Jersey Steel and Iron Company.

Another improvement the need of which was felt as early as 1840 followed close after the purchase of the iron bridge by the county. It was the building of a poor house. Fayette County had always been liberal in providing for the support of her poor. But the expenses incurred in the support of paupers had increased at a rapid rate.

From $229 per quarter of a year for twenty-one paupers in 1875, the expense rose in 1877 to $483 per quarter for twentyfive paupers ; the expenses were more than doubled in two years; still, three years later (J88U) even this amount was almost doubled, viz., $838 per quarter for fifty paupers. Therefore, the expenses for the support of paupers amounted in that year (1880) to over Three Thousand Dollars.

To retrencli the expense account for the support of the poor, the court passed in 1879 several orders, viz.. That no more money should be appropriated for pnupers unless on personal appearance before court or, in case of inability, on the testimony of one or more reliable witnesses; that a person should be ap|)ointed to take care of an indigent and that the money should be appropriated to his use; that physicians must swear to their bills and wait only on paupers at the request of a person having charge of a pauper or at the request of the commissioner in whose beat the pauper resides; that doctors' bills on prisoners must be approved by the sheriff, deputy or constable having said prisoners in charge. This order was of no avail, for the expense account for the support of I'aupers kept on swelling.

In 1881 the court tried another plan for tiie care of paupers. The court advertised for bids to take care of all the paupers. The bid of John T. Rankin to take care of the paupers in the county for three years was accepted. He entered into contract with the county and gave bond for the performance of his contract. His bid was: For keeping the first ten paupers per annum $1249, for each additional pauper per month Eight Dollars, and for the burial of each pauper that died Nine Dollars. This seems to the writer a rather large amount; for the highest monthly average of expenses for a pauper, including clothing and medical attendance, had been before only $5 93 to the county. Still, this contract had one beneficent result; it decreased the number of paupers; either they must have died under his care or must have preferred not to be under it. At the expiration of his contract in 1884, he could afford to take care of all the paupers in the county for the small sum of $990; his bid was then accepted for a term of five years. It may be said also tliat a great many people were supported Vjy the county who were not in need of support, and when they were placed on the farm of John T. Rankin, near Buckner's Creek, to work, they l)referred to forego the county's hospitality.

Finally, after some previous futile attempts in 1877 and 1880, a poor house was built in 1888, In that year, twenty-four acres of the J. Eblin league were bought by the county from the Fayette County Stock and Fair Association for the sum of One Thousand Dollars. This land should be the poor farm of the county ; the deed therefor was giyen May 24, 1888. A poor house and county hospital were erected on this land b}'' II. Mebus for $8,070 under supervision of J. T. Campbell. The building was completed in the same year, accepted, and Mebus paid. In 1892 another house was built on the poor farm for $475, In 1893 two acres of the poor farm were sold to the city of LaGrange which erected a pest house thereon. The poor house is now under the management of a keeper and a matron who receive salaries. It was for a number of years under the management of keeper L Y. Kennedy who was complimented at every term of the grand jury by that body on the nice and clean condition in which he kept the poor house. The present keeper is A. F. Dornwell. In comparison to the plan of the poor house that was to be built in 1840, to be sixteen feet square and with one window, a shutter and a door, the present poor house is a palatial structure. The county has done her full duty in caring properly for her poor, and if they are not properly cared for, the fault will be with those who have charge of its management.

Fourth Court House. At this period a desire to make public improvements, to liave the prosperity of the county also represented by its public buildings, made itself generally conspicuous. The next public building erected was the new court house. It may be remarked here that the iron fence around the court house square was built eleven years previous to the court house by one Wra. Raalz at a cost of $1.80 per running foot (1879.) Some minor improvements may also be mentioned here. In 1883 the city of La Grange got permission to dig a well and erect a windmill and tank pipes for fire protection on the public square. In 1SS4 the city erected a house for sheltering a hook and ladder truck on the north side of the public scjuare.

The building of the new court house, the fourth court house of Fayette County, was commenced io 1890, In that year the grand jury of the county reported the old third court house in unsafe condition and recommended the appointment of ex))erts to examine, investigate and pass upon the condition of the court house building. In accordance with their recommendations the following committee was appointed for this purpose: George F. Sacrey, United States superintending architect of the United States custom-house and postollice building at San Antonio,

Texas ; C. Michelis of LaGrange and Robert Albert of Flaionia. In their report to the commissioners' court they condemned the old building and advised the building of a new one. A great many citizens in the county regretted to see this old landmark go to which so many memories of good and evil times were linked,

Th3 plans of Riley Gordon, an architect of San Antonio, were adopted and he was selected as superintending architect of the new court house building. The contract was awarded to the firm of Martin, Byrnes & Johnson of Colorado City. The building was accepted December 1, 1891 and cost, accordinoj to the treasurer's report, $87,356,10; together with salary of supervising architect, vault funiture, plumbnig and court house funiture, $95,646,39. The court house clock was procured by R. F. Day for $725.

The present court house is an elegant three-story structure. Inside it has an open court with fountain ; cemented walks lead from eacli side ot the public square to its grand portals. Its solidity and massiveness are coupled with elegance. It is furnished with water works and electric lights.

For this building Ninety Thousand Dollars Courthouse bonds bearing six percent interest were issued and taken up by the Permanent School Fund of the state (1890). In 1895 seventy-five of these bonds of One Thousand Dollars each, bearing six percent interest, were refunded in bonds bearing five percent interest; they were to run for forty years from May 15, 189.5, with ten years option : a tax often cents on the One Hundred Dollars was levied to provide a sinking fund for these bonds ; they were taken up by I. B. Thurman & Co. of Chicago, 111., who agreed to pay one hundred dollars premium and pay all the expenses incidental to tlie issuance of the bonds.

It may be certain that in this busy period of material development another subject matter of importance which always had received the careful consideration of the court did not now lack its proper care and attention, viz,, the public roads. If the court failed to consider this subject, petitions always caroe in to remind them thereof. As early as 18.S2 citizens of Flatonia petitioned thf? court to appropriate ^2,500 to macadamize (the minutes have it "acadamize") the Faires lane on the LaGrange Gonzales road. This petition was dismissed, but in 1884 the Faires lane on the LaGrange Bastrop ro?d, west of the Colorado Uiver, was graded at one dollar per yard of lineal measure in a width of sixteen feet by one J. F. McClutchy. This was the lirst road grading done in Fayette County. A great many road contracts were now made for grading and graveling the public roads ; team and driver were employed at the rate of $;).75 and $4 per day. Especially was there a great amount of road work done in 1889. The people having learned to appreciate the value of good roads, the court thought it the proper time to submit to them the question of levying a special road tax of fifteen cents on tlie One Hundred Dollars for the purpose of extending the work of road improvement. An election for this purpose was held on March 14, 1893, but the road tax was defeated by a vote of (Jol votes for and 1582 against it. After the defeat of the road tax, the constant improvement of the public roads still was not lost sight of. In 1895 the court tried another plan. It appointed a special committee to establish a permanent system of road working. This committee sent in the following report:

"Your committee to examine into and pass upon the recommendation of the county judge concerning a system of road working in this county, met at LaGrange during the month of October and after due deliberation passed the following resolutions:

"llesolved 1. That owing to the present financial condition of our county we deem it unwise to spend the sum of $25,000 in establishing a permanent road plant in Fayette County as suggested by County Judge llobson.

"Resolved 2. That in the opinion of this committee it would be to the advantage of the county to adopt some permanent road system by which the labor of the county convicts would be secured on the public roads and made self-sustaining, and to this end we suggest that you make some suitable arrangement with some competent person for a definite period of years to work said convicts upon the roads under such rules and regulations as to you may seem expedient.

Bids to work the public roads were called for. The bid of Plomuth & Cornelsen to work the public roads for a term of five years from January 1, 189G to December 31, 1900. at an average price of $3.37* for team and driver i)er day and $1.25 for labor of extra hands per day, with at least twenty teams during six months of the year, was accepted. They hired the county convicts from the county at $7.50 pfer month and board. The county had to furnish gravel pits and improyed road machinery, as graders, rollers, steam crushers and engines.

In 1901 the Legislature passed a special road law for Fayette County. During that year the question of levying a special road tax was again submitted to the jjeople on November 5, 1901. The vote stood 508 for the tax and 1135 against it. Thus the road tax was again defeated.

In this period of general activity and development, the bridge building of the county kept equal pace with the road improvement. After the lapse of thirty years the county started again in the bridge building business. Even before the assumption of the Colorado River bridge by the county, some smaller bridges over the minor waters of the county were built. After several orders and decisions in regard to building bridges, the first bridge actually bnilt was the one across Buckner'a Creek on the LaGrange-Lockharc road. It was built of wood by W. Stoermer and Jesse Blackwell for One Thousand Dollars (1884). In the f(jllo\ving year the first iron bridge was built in the county across Cuniming's Creek within one-half a mile of Breeding's Crossing by the King Iron Bridge Company of Cleveland, 0., at a cost of Three Thousand, Eight Hundred Dollars. A great many petitions for bridges from all parts of the county now followed.

To meat the demands and wishes of the people for increased bridge building the court decided to issue bridge bonds. The following bridge bonds were ordered to be issued at the following dates: Bridge bonds to the amount of $10,000 on February 15, 1884; bridge bonds to the amount of S6000 on May 16, 1885; eleven bridge bonds of One Thousand Dollars each on February 10, 1S8G; eighty-three bridge bonds at Five Hundred Dollars each for purchase of river bridge on May 9, 1887; - they were taken up by the school fund (August 15, 1887), - and thirteen bridge bonds, dated April 10, 1898, bearing five percent interest, redeemable in forty years, with five years option. A sinking fund was to be procured by levying a one and one-half cents tax on the One Hundred Dollars. These bonds were not approved by the attorney general on tlie ground that the one and one-half cents tax exceeded the fifteen cents tax authorized to be levied for road and bridge puposes. The previous order, therefore, was rescinded, the bonds were cancelled, and a new order was made as per advice of the attorney general.

We may now mention here some of the larger bridges that were built by the county. The bridge across the East Navidad on the Morgan and High Hill road crossing was built by the King Iron Bridge Company of Cleveland, 0., at a cost of Three Thousand Dollars (1885); the building of the Buckner's Creek iron bridge was decided in 188G; two years later iron bridges were built across Clear Creek, Williams Creek, West Navidad River and Rabb's Creek by the Missouri Valley Bridge Company of Leavenworth, Kansas, across Live Oak and Barton's Creek by the King Iron Bridge Company of Cleveland, O,

Of course, the county government had in these times, as in previous times, its petty troubles that furnished subjects for the people to talk upon. Too extravagant accounts were rejected; heat and town o'Hcers were fined for failure to report, but their fines were remitted on reports made; persons were fined for various reasons for contempt of court. In the matter of a petition of the Town of Roundtop vs. the Town of Warrenton as to where justice court should be held, the court decided that it should be held as formerly in Warrenton (1881), In 18SG the court passed an order, rejecting the election returns of Untersville, Aschen's Store, West Point, Ammannsville and Schulenburg, but this order was rescinded. In 1892 the office of county clerk held by J. T, Rankin, on the petition of J, Schuhmacher, F. C. Carter, J. C. B, Renfro and forty-nine others, was declared vacant, as he was adjudged by the court not to be a resident of Fayette County. J. P. Ehlinger was appointed county clerk by the court. The county convict question was once solved by the court in a manner not quite in harmony with the views of the writer. In glancing over the records, he finds that in 188o they worked on the labor farm of J. E, &: R, J. White in Grimes county. In other words, they received the same punishment for a misdemeanor as the state convicts received for a felony,

An interesting trouble of the county which did not lack in humor was her altercation with Colorado County in regard to the claims of the latter county incurred in running the line with this county. The order of the court in regard to it breaks so pleasantly the monotony of the routine business that the writer greatly enjoyed reading it, and it is iiere given in full as a possible source of enjoyment for the reader: ''Be it rememembered that on this the sixleentli day of February, A. I), 1882 there came on to be heard the certified copy of a decree entered on the Minutes of the Commissioners' Court of Colorado County, Slate of Texas, in regard to the amount allowed by this Fayette County to Colorado County on the claim of Colorado County in having the line run between said counties in which Colorado County claimed the sum of $l2i».12 and in wliicli after a lawful exauiination bv tii# Commissioners' CJourt of this County and tl)e calculation of the several committees it was found that tlie amount due Colorado County was 1^20. 22^V whereupon a draft was issued for said sum of ^20.22^ in favor of Colorado County, and whereas tiie Commissioners' Court of Colorado County caused to be entered in its mniutes a decree donating to Fayette County said sum of $20.22i, settin<i forth that it would cost said Colorado County more in the way of attorneys' fees etc. to collect the amount claimed as the reason of sucli donation and to show their appreciation of such a liberal donation and believing in the old maxim "It is more blessed to give than to receive" that this Court in behalf of Fayette County extend to Colorado County a vote of thanks with a rising vote which was unanimously carried. It is further ordered that tlie Clerk furnish the Commissioners' Court of Colorado County with a certilied copy of this decree." (iuite an interesting exchange of courtesies.

Another quite amusing circumstance may be mentioned here. \'ery often collector J. U. Scates had to pay back amounts of taxes wrongly collected. Amongst others he had collected poll taxes from a Mrs. Mary J?arbay and a Mrs. E. A. Basford. Surely, a county oilicer ought to know better and that ladies are not on the poll.

It is natural that with the increase of the county's business the salaries and fees of her oHicers rose in proportion. This was not more than right, for their offices entailed more labor and demanded greater attention. >'ayette County had passed the stage of being a frontier county when an assessor, for instance, handed in the following bid : "1 agree to assess the property of Fayette County for the sum of $100. B. F. Nabors." Still, the fees and salaries had by far not risen to such a lieight as the people generally thought they had. Assessor G. A. Heilig's commission from the county during the eighties for instance never reached to Eight Hundred Dollars ; in this, his commission from the state was not included. As the increase of the county's business largely fell on the judge's office, his salary wa^

In 1891 treasurer R. T. Bradshavv made a report on the salaries and fees of some county officers. According to it, the sheriff had received in fees and for expenses of boarding prisoners and paupers $5,622.60 ; the county judge, salary and fees $1,801.65 ; the assessor, $1,967.65 ; the county cierk, salary and fees, $696.35 ; the district clerk, $250- These were the fees and salaries paid to these officers by the county, but it did not include the fees collected by them from private persons.

The Prohibition Question. A great question agitated the people in 1887, the question if Texas should become a prohibition state or not. The people of the county took great interest in this question. Public meetings were held everywhere and addressed by prominent speakers. The county government had the same views on prohibition as the overwhelming majority of the people in the county. The following order shows this . The district and county clerks were instructed to record in well bound books and properly index all the old declarations of aliens for naturalization papers that may be on file in their offices which have not been heretofore recorded by their predecessors. For, tlie foreign element was to a man against the proposition. However well-meaning the intentions of the advocates of prohibition may have been, the morals of a people are never improved by law. History teaches this fact without exception. Besides, in the opinion of the writer, prohibition is a greater evil than the one it seeks to remedy. Even before the great state prohibition campaign the question of prohibition was discussed and voted upon in local option elections in the then beat No, 4. It was defeated every lime : in 1877 by a vote of 53 for and 90 against; in 1880 by a vote of 66 for and 115 against. After the state campaign for prohibition, another local option election was held in West Point. This resulted also in defeat by a vote of 91 for and 100 against it.

Dr. H. D. Shavr, Max Meitzen, Franz Baca, Aue;ust Baca and Hugo Zapp were appointed a committee with full power to attend smallpox cases around and near Fayetteville and to establish a quarantine.

In 1891 smallpox broke out in the gravel pit on the Austin Branch of the Texas Central Railroad, near Ledbetter. J)r. W. H. Walker was appointed health officer with full power to act and employ guards to isolate infected persons.

In 18'J5 the town of Ledbetter quarantined against all infected points in this state where smallpox existed and especially against the town of Giddings in Lee (Ji)unty. Dr. W. \V. Lunn, the county physician, was api^ointed to take the necessary steps to carry out said quarantine.

In 1897 diphtheria broke out on the Joiner farm near Joiner Station on the LaGrange Branch of the Galveston, Harrisburg and SanAntonio Railroad in Fayette County. Dr. E. D. Lunn and the commissioner of that beat were authorized to act, isolate the infected persons and furnish tents to them.

The reader has not forgotten the fearful yellow fever epidemic of 1867 in LaGrange, the great death rate and the consternation of the people at that time. Wlien thirty years later, in 1897, yellow fever came again into Texas and several cases occurred in Galveston, the court took the most strenuous measures to prevent its reaching this county. The following order was passed : "In the matter of declaring and establishing quarantine throughout the County of Fayette, State of Texas, against all yellow fever districts in the State of Texas, in other states and foreign countries and to guard against tlie introduction and dissemination of said dangerous or infectious disease known as yellow fever. Dr. E. D. Lunn, County Physician, Chairman ; Dr. C. J. Schramm, Fayetteville ; Dr. E. Knolle, EUinger ; Dr. Peare, Carmine; Dr. M. E. Clary, West Point ; and Dr. 1. E. Clark, Schulenburg, are appointed a County Board of Health to meet in LaGrange and to establish rules and regulations for quarantine; the county physician to advise when necessary the appointment of guards to establish, maintain and supply stations or camps for those held in quarantine ; to isolate all infected cases ; to advise with the commissioner of the infected district to employ guards. The County Physician with the Board of Health to have power to prevent the running of all passenger and freight trains or the distribution of freight, express packages, mails and household goods that come from infected districts ; to prevent persons to come from infected districts by private conveyance. The County is divided into four Police Districts: 1st, LaGrange, Fayetteville, EUinger ; 2nd, Carmine, Ledbetter, Warrenton, Roundtop ; 3d, Winchester, West Point, Muldoon ; 4th, Flatonia, Engle, Schulenburg. The Commissioners are declared chiefs of the respective guards or police force that may be appointed throughout the county." Excitement prevailed throughout the county. The lesson which had been taught by the great yellow fever calamity of 1867 had not been forgotten. It justified these preventive steps. Passenger trains and freigljts were actually prevented from stopping in the county. This lasted only for several days. Letters and packages received from yellow fever districts came on in a perforated condition, the mails having been fumigated. But as the authorities in the yellow fever districts soon had control of the epidemic, excitement soon subsided. The people had recovered from the scare, without being visited by this infectious disease and soon the quiet order of things prevailed again.

In 1899 smallpox broke out in Carmine ; in 1900, in La Grange. But the infected persons were promptly isolated in both places, and a further spread prevented.

Another calamity may here be mentioned. It occurred during the same year of 1900. The writer means the overtiow of the Colorado River. In that year the dam at Austin was broken. A large volume of water rolled down the river, inundated its valley and ruined the planted corn and cotton crops (April 19, 1900). The water did not rise as high as in 1869 when it w'as five feet high in the courthouse yard, nor even as high as iu 1870, but it still reached within one block of the court house square. Great excitement prevailed that day in La Grange. People in the overflowed and threatened district were busy moving their household goods. Even some merchants on the square contemplated moving their goods. A large railroad force was employed on the railroad bridge to loosen and start again the drift-wood. A great many people from the country came in to witness the scene. Small boats were rowed m the overflowed districts and through the lower streets of La Grange. A humorous incident may be mentioned here. Several negroes in a small boat tried their oarsmanship. They could not m;isler the current and were thrown with their boat against a wire fence. The boat capsized and they received a ducking. They el mbeil the posts of the wire fence, not daring to go into the forceful current. The one nearest the dry land straddled the wire fence and tried to walk on the wire to the land. All went well, until a staple got loose. He fell with the wire and hung there in a helpless position, until he was rescued by one of his colored brethren who carried him under the applause of the spectators on his shoulders to the dry land. Kayette County was not damaged by this overflow as much as the neighboring Colorado County. She did not lose her iron bridge nor was the railroad bridge at La Grange damaged, while in Colorado County the railroad bridge across the Colorado Riyer and also one of the wagoia bridges across the river at Columbus were destroyed by this overflow.

The year 1900 was full of calamities for Texas. The great Storm in that year that almost destroyed Galveston and visited other parts of this country, leaving a path of destruction behind it, also did some damage in Fayette County and ruined especially a large part of the crop in the Held. But in comparison to other counties, it may be said that this county was almost spared by it.

The writer now mentions some minor matters and leaves it to the judgment of the reader to decide, if he deems them worth reading. But as notes of them are taken by the writer, their contents are here given. May the reader decide if he wants to be informed on these small matters or not.

The election precincts were constantly changed and redistricted; this was made necessary by the increase of population in the various parts ot the county which increase was not always proportionate in all parts of the county. Election precincts were added during the intervals of redistriction. The voting ])recincts of the county were redistricted and their boundaries defined in 1877. In that year there were twenty-four election precincts. They were redistricted in 1880. Tiie present number and bDundaries of the voting precincts have been given under the head of Political Divisions of the County to which the reader is referred. (Page 73 et seq.)

Fayette County was also divided for the management of the schools into 32 school districts (1884). In 1893 a division of the county into school districts was again made. It was made by a committee, consisting of the county judge, county clerk and county treasurer and one citizen and two teachers from each school district. They divided the county into thirty six school districts. In 1895 Fayette County was placed under the district system with thirty-six school districts.

In 1888 a justice's courthouse and jail was built by the county in Schulenburg at a cost of $800. In 1890 courthouses were built in all the justices' precincts. In 1898 the county gave to the city of Schulenburg for the building of a City Hall that was to be erected at a cost of $822 the sum of $150.

It seems that in 1880 a great many citizens of Flatonia were tired of having their town incorporated. A petition to abolish the incorporation re? bed the commissioners' court. In the ensuing election the question of abolishing the incorporation was defeated.

Incorporation carried in the town of Fayetteville at an election held February 8, 1882 by a vote of thirty-one for and one against said incorporation. The town of Fayetteville was declared incorporated Marcii 2, 1882.

An election at the town of Ledbetter for incorporating it for school purposes, held in August 3896, resulted in a vote of thirty three for and three against incorporation.

Since 18S3 it was the duty of the commissioners' court to appoint public weighers, and, therefore, public weigliers \v( ii; appiointed in accordance with law at La Grange, Schuh nl)uig, Flatonia, P^llinger, and. a few years later, at Fayetteville and West Point.

Looking over the records we iind that in 1S02 and 181)3 there were also some premiums paid by the court for the scalps of coyotes and wildcats.

This period did not lack of some tribute of respect by ihe court on the death of prominent citizens. In 1887 the court adjourned out of respect on the death of H. Stuedemann, a member of the supervising committee of the poorhouse. In 1888 the court adjourned out of respect on the death of Chas. J. Bradshaw, an attorney. Resolutions of respect in regard to his death were passed by the court, spread on the minutes, signed by the courthouse oflicers and published in the La Grange Journal and Svoboda.

In January 1901, the court adjourned out of respect on the death of H. Teichmueller wJio had filled the office of District Judge for three terms and other offices of public trust with great honor.

When in 1998 war with Spain broke out, Fayette County again sustained her reputation of being foremost in the defense of her country. A large number of young men of prominent families volunteered their services. Three companies were raised in Fayette County; a fourth one which it was intended to raise was not accepted as Fayette County had furnished already mjre than her quota of men. The companies raised in Fayette County for this war were: Company H, 1st Texas Infantry ; Troop H, 1st Texas Cavalry and Troon C', 1st Texas Cavalry.

This closes the liistory of Fayette County. Some minor events are purposely omitted, for the people have not yet given their verdict on them and though the writer's attention has been repeatedly called to them, he respectfully declines to blotch his work with partisanship.

The reader can contemplate the development of this great country only with the deepest interest. Eighty years ago the country was a wilderness; only a few log liouses were hidden in the woods. Now the whole county is studded with many prosperous towns and villages. The period of hardships and struggles was succeeded by a period of prosperity and comfort, ivike tlie Two Hundred and Fifty Dollars shanty that served as the first courthouse of Fayette County has given place to a more commodious building, this to a substantial rock building, and this again to an elegant structure, so the simple log huts have given place to frame buildings and these to elegant residences. The pioneer who lived chiefly by hunting was followed by the cattle raispr, lie again by the farmer and the latter by tlie farmer with improved methods. The reader who reviews the progress made in this county in the short period of eighty years will feel confident tiiat she has a great future before her. The descendants of the men who built up this county are men who successfully continue the work of their fathers.

once her sons were leaders in thes« fights, evincing their love of liberty and their spirit of independence. But not only on the field of battle, in the arena of politics, she has manifested the same love of liberty. Since the early times she has been a bulwark for the doctrines of Thomas Jefferson, a stronghold for the doctrines of local self-government and personal rights, the foundation principles of democracy. Reviewing the prosperity she has achieved by following these doctrmes, she has come forth more than once under able leaders as their defender. If ever a county was proof of what prosperity might be achieved under these democratic fundamental principles of local selfgovernment and personal rights, she is the county. True as she always has been to these principles, there is no doubt that when another attack is made on them in the future she will rush to their defense under able leaders.

Appendix

The writer here gives several documents for which he could not find a proper place in this history. They are self -explanatory and give a valuable key to the character of the timei in which they were

Republic of Texas versus Inconsistent Legislative Acts. Prosecutors : Grand Jury of Fayette County. Witnesses : Grand Jury. We the Grand Jury find a true bill. *

Inconsistent Legislative Acts. We the Grand Jury being about to end the business as respects the County of Fayette specially, are conscious of nothing more which we are bound to do, as it regards ourselves ; but we do feel it to be incumbent on us to present before the tribunal of enlightened public opinion the inconsistency of some of the acts passed since Nov. 1838 up to Dec. 1838. Viz, - the = 'Bargain and Sale" of the Island of Galveston to M. Menard for 50,0U0 dollars! For, of a truth, said Island of Galveston either belonged to the "Republic of Texas," or it belonged to Mr. Menard : if it of right belonged to the former, the "bargain and sale" to M. Menard was indeed a bargain by which this Government chiselled itsejf out of $2,000,000 minus $50,000 ! If it were a vested right m Michael Menard, then this Government in chiselling Michael Menard out of $50,000 violated that sacred instrument by which, and on which all legislative acts are, or ought to be, graduated ! again, - the temporary location of the seat of Government at Houston, to promote individyal interest, and this too without any regard to Public good, by wnich the Republic has lost from half a million to one million of dollars, Aq^ain, the exercise of a veto, to prevent the permanent location of the seat of Government at LaGrange, as it might seem, only to afford the j)roprietors of the City of Samuel the First, and some of his friends suflicient time to sell their unsold lots ! Admirable and Sublime P]xercise ! and also the creation of a Tariff in Texas ! An act, vvhicli, for principle, is unparalleled in the records of Legislations from the birth of "old Time" himself down to the present day ! Most assuredly it is not to be justified by example from the British tariff statutes, for these liad for their object to prohibit the introduction of manufactured fabrics for clothing from the continent. This object only can be inferred from the .i»igh duties imposed. Again, - immediately after the commencement of the late war between the U. States and Great Britain all commerce ceased. In this condition of the nation the army and people must be clothed. And how accomplish this great object? there was but one way, and this was taken by capitalists, the Patriotic Capitalists of the land. Tliey, with full confidence in the justice of the cause in which they were engage*d, and also in the integrity and good faith of their Government, hesitated not to advance their all in manufacturing establishments : And most of them, if not all, were in the flood tide of success, when peace was made in 1815. At this time commerce revived, and the United States were immediately inundated with European maij-jfactures at prices so low as to ruin the American Manufacturer provided he was not shielded by Government protectiori. And that shield was a Tarifl'. Where then is the parallel? None!

We say "for principle." Let us examine and we shall see that th3 proprietors of vast landed estates are made to pay a direct tax of only one-half per cent ad vaUjrem on these estates towards the support of government. And the person who owns but one-fourth of a sitio paV^ 'the same; ami the whole amount so produced falls far sliort of the required stnai. To supply this deficiency it was deemed expedient to levy an indirect tax or tariff. Now is it presumable that members'of Congress did not know that such a tax could not be made to operate on all the good people of Texas? Dirt not the idea of the utter impossihility of enforcing a due collection of tariff duties, in Eastern Texas, once occur to their minds when this act was passed? If not, it is truly surprising. Did they not know that this section is bounded by from 6 to 800 miles of the Red and Sabine rivers? Did they not know that Southern and Western Texas bore the burthen of invasion and war, and consequently stood in need of almost everything to be imported, and this, too, by vessels entering port, when there could be no evasion by smuggling? If these things were not then' known, we are truly sensible that they] are now known ! And we do believe that our next congress will consider this matier away. Now, to conclude, suppose "the powers that were" prompted by different notions of legislation, had sold the Island of Galveston for One and a Half Million of Dollars, the temporary location of the government seat for three years, by Government, reckoned at the least half a million, the permanent location of the seat of government at La Grange One Million; and only one kind of tax and that a direct one of one percent ad valorem for 3 years, (and no tariff) government would have received between 3 and i millions of dollars with which the public debt could have been wholly paid; and, consequently our "currency" would have been at par, and no need of a "'Five Million"' loan,

JSow in coming to a final close we feel it our duty to tender to his Hon. Judge Mills our cordial thanks for the very prompt able and faithful discharge of his judicial duties, only regretting that we could not haye been benefited by his attendance on the first and second days of our Court term. We add further that the solicitor is entitled to our very high regard for the true and able discharge of his duties.

Affidavit of District Attorney Thomas Johnson to procure warrant to arrest James S. Mayfield and Edmund Burleson on the charge of fighting a duel.

This document gives an insight into the lighting spirit of the early times when people very often on slight provocation engaged in deadly duels. The peace otficers were not always successful in preventing them.

Thomas Johnson, District Attorney Third Judicial District of the Republic of Texas, states on oatli that he has just and probable grounds to suspect and verily does suspect and believe that James S. Mayfield of the county of Fayette and Edward Burleson of the county of Bastrop'are about to engage in a duel which duel he is informed and believes is to be fought in the county of Fayette within a few days.

Therefore he prays Your Honor to issue the necessary warrants to take the bodies of the said James S. Mayfield and Edward Burleson so as ^to have them before ynu forthwith to answer the above charge and to be dealt with according to law.

This day personally appeared before the undersigned authority Thomas Johnson, Dis. Att'y Third Jud. Dis. R. Texas, and made oath that the matter and tilings set forth in the above petition as far as within his own kn.iwledge are true ; those derived from the information of others he believes to be true.

Know all men by these presents that we, Nicholas VV. Eastland as principal, .James S. Lester, Aaron A, Gardiner as securities are held and bound unto II, E. B. Baylor, Judge of the Third Judicial District and his successors in office in penal sum of Fourteen Hundred Dollars for the payment of which we bind ourselves and each of us and each of our heirs, our executors and administrators firmly by these presents signed with our hands and sealed with our seals this Twenty-seventh day of February, A. D. One thousand eight hundred and forty-three.

The condition of the above obligation is such that whereas the above bound Nicholas VV. Eastland has been duly appointed Administrator of the Estate of Nicholas M. Dawson, Now if the said Nicholas W. Eastland shall well and truly- perform all the dutie? that may be required of nim as such administrator, then, the above obligation to be null and void, otherwise to remain in full force and virtue.

OF the Republic of Texas. i"T The following list of Freeholders>f Fayette County during the time of the Republic of Texas was« found by the writer iu the district clerk's office. He cannot say whether it was an official list or a list compiled by some officer of the court for his private use. The copy is exact and follows the original even in the mistakes made in the spelling of names.

List of Persons Who Paid Occupation Tax in Fayette County in 1838-39. Nothing will show the reader the development of this great county more clearly than a glance at the list of persons who were engaged in business and paid a license tax during the years of 1838-9 and 1840-41. To him who knows the large extent of this county, this list sliows how sparsely settled the county was at that time. It speaks to him who combines tiie list of names with the size of the county, to some extent, of the condition of the country and not that alone, it sjjeaks to him also of the habits and the manners of those times, how far the people had to travel to get their necessaries from a store, how secluded they lived, how seldom they saw each other, how, for that reason, a visitor was welcomed with the greatest cordiality, etc.

I do hereby certify the foregoing to be a true transcript of the names of the persons to whom Licenses have been issued since the 31st of October, 1840, up to this date.

Endorsement: Names of persons who have obtained Licenses in Fayette County since the olst of October. 1841. For the Grand Jury Fall Term of the District Court 1841.

Know all men by these presents that we the undersigned subscribers do hereby contract and agree that the first one of us who shall engage himself to be married will furnish to T. Q. Mulliu, T. T. Alexander, Wm. M. Lewis, Wm. S. Robson R. S. Homuth, F. C. StreithofF, John VVertz, Sam Alexander, J. E. Rogers, J. B. HoUoway and L. S. Wallace two baskets of cham- ))agne and cigars in sufficient number, in the District Clerk's office within two days after said engagement has been made known.

Properly acknowledged, filed and recorded January 21, 1875, in Record of Mortgages and Bills of Sale, Fayette County. Book A., pp. 473 and 474.

The lucky one who became engaged first and had to propitiate the envy of his comrades was Mr. Jno. B, Holloway. The day was celebrated in good fashion. Champagne could not be obtained in LaGrange ; therefore, other wines were chosen. The occasion was celebrated in Schulze's cellar in which his friends and their friends had assembled and which became the scene of joy and merriment. The sober cashier of the First National Bank at LaGrange was young once, too.

List of County Officers Since the Organization of the County in 1838. In compiling a complete and correct list of the county officers since the organization of the county in 1888, the Official Bonds of said officers filed in the county clerk's otfice, the Minutes of the Proceedings of the Commissioners' Court of Fayette County so far as they treat of the approval of said bonds and the Record of Election Returns have been used. The official bonds are not complete, a great many bonds of the county otlicers are missing, neither are tlie Minutes of the Commissioners' Court complete on that subject; the Record of Election Returns before 1848 is missing ; may be a record thereof was never kept; and since that time, leaves of same are missing ; at times the office for which the several candidates ran lias not been named. Frequently the election records are not dated ; sometimes the ofRce for the performance of the duties of which bonds have been given is not named therein as, for instance, in the bond of District Clerk T. T. Alexander the office to which he was elected was not named. Official writings were astonisliingly simple in those old times. The tollou^mgis a bid of one Wm. Nabors to assess the taxes of Fayette County in 1889 : "I propose to assesa the Taxes for Fa3^ette County for the Sum of One Hundred Dollars. \Vm. iS'abors." Not dated. Official business was conducted in an accomraodating way, the bond of sheriff McAhron who was elected July 13, 1846, was not filed before January 14, 1848, in the county clerk's office. The bonds were generally written out in full ; for a great many years the bond of assessor W. B. Mc- Clellan remamed the only one written on a printed blank. Ihus, all three of these records are very incomplete, but by using all three of them a nearly correct list of county officers may be compiled.

The old records are yellowed by age and dusty, they are buried and stowed away in out of-the-way corners of the vault, dead as the people wlio wrote them, shoved away and forgotten like them, still, they bring back the old times when the early settlers of Fayette County were living beings, they speak of their fears and hopes, of their plans and ambitions. Now a new generation has taken their place, new in every respect ; the descendants of the early settlers have mostly moved away to other parts of the state, and now the very names of the old settlers are hardly ever heard in the county. The reader, looking over the official bonds, will find two of them besmeared with blood ; an emphatic reminder that the men of the past were living beings of flesh and blood. Did a tragedy happen? Most likely not; for long afU-r the filing of their bonds they were acting again in an official capacity ; probably, nose bleeding.

The size of this book prohibits to give of these county officers more than their names ; space prohibits to represent them in flesh and blood, but people who knew them might recall their life pictures, their hopes and ambitions and reflect over their dead friends.

After the close of the Confederate War in 1865 a great many county officers were appointed by A. J. Hamilton, Provisional Governor of Texas. From this time on (1866) the bonds of the county officers all bore U. S. internal revenue stamps to the amount of $1.05 and upwards. This lasted to the year 1873. The internal revenue stamps were called U. S. Exchange. During this period county officers were appointed and removed by military orders of Major General J. J. Reynolds. Resignations had to be mailed through the county judge to the post commandant at Brenham. During 1872 and several years thereafter the county was under the cattle inspection law ; the cattle inspectors were appointed by the Governor ; the first one appointed in Fayette County was R. J. Carr.

County Judge's Office. It appears that in early times county judges were not required to give bonds. The first bond given by the county judge that is on record was the one given by Reinhardt Hillebrandt in the year I860. It was the duty of county judges in conjunction with the commissioners to approve bonds, and from the signatures of the county judges on these approved bonds, a list of them may be compiled. Up to the year 1866 the conuty judge was called chief justice of the county ; in the latter part of

Like the county judges, the county clerks were not required to give bonds in early times ; most of their bonds are on record since 1876. In this office there have been deputies at as early a date as 1841. The first deputy county clerk on record was S. B. Alexander.

This office was established in 1876. Before that time tlie county throu2[h the commissioners' court chose and employed lawyers in certain cases at stipulated rates. In 1858 the commissioners' court appointed, on the petition of many citizens, 'Fred Tate as county attorney for the prosecution of criminals. But this office was abolished again the following year.

Up to 1847 the sheriff' of the county was also at the same time tax collector; since that time the collector's office was connected with the assessor's office. In the early 70's these two offices of collector and sherifi' were again connected. Since 1876 each of these offices is kept separate.

Since 1855 the county treasurer gave also bond for the school fund of the county of which he took charge as county treasurer in provision with "An Act to establish a System of Schools, appr. Jan 31, 1854." Bonds for school funds and county funds had to be given separately.

From 1847 to 1870 the office of assessor was connected with the office of collector, in the year 1847 Assessor J. W. McKissick was appointed to take the census of the county, the first census taken of Fayette County. In 1858 Assessor N. B. Yancy had to giye bond to take the census of Fayette County correctly in accordance with an Act ap])roved January 18, 1858, entitled "An Act to provide for an enumeration of the inhabitants of the State of Texas for the year 1858." 1838-39 Michael R. Gohen. 1865-66 \Vm. Lewis, Sr. ' 1839-40 Wm. Nabors. 1866 69 R. J. Goode.

This office was connected till 1847 with the sheriff's office, then up to 1870 with the assessor's office, then to 187(5 again with the sheriff's office and since 1876 it is established separately. 1876 82 J. R, Scates. 1882 to pres.time. Neal Robison.

There was an office of county superintendent also during some time of the era of reconstruction. This office was abolished in 1876. The last superintendent of that period was Fred Seydler. His books were found correct. At his departure from tiiis office, he was commended by the court for faithful performance of duty and furnished with a copy of this order. The office of county school superintendent was again created by the commissioners' court in 1895. In 1898 the question, if the county superintendent's office should be abolished was submitted at the general election to the vote of the people. They decided for the continuance of this office.

County Officers

Joseph Echols Baker, the district clerk of Fayette County, belongs to some of the oldest families of the United States. His ancestors on both sides, on his father's side as well as on his mother's side were in America already "in good old Colony Times." His ancestry on both sides were patriots and the male part distinguished themselves on the fields of battle, sometimes as "'rebels," but always in the right. J. E. Baker, their son, proved himself worthy of his ancestry. He served during the entire war in the confederate army, and after the close of the war, he was denied for years the right of suffrage on account of his war record. But he remained faithful to his convictions. His reward came too. After the overthrow of the carpet-bag government, the wliite people rewarded his sterling worth and elected him to ofEce. He has served tiie people in some public capacity for the last thirty years, principally as justice of the peace and city secretary of La Grange. He has been deputy district clerk since the adoption of the constitution in 187(). He was elected district clerk in 1898 in which office he, on account of his long experience, served the people with great ability.

His parents were Leonard and Lamira (Garner) Baker; his father was a native of Virginia; his mother, a native of Tennessee. Joseph Echols, their son, was born May 9, 1845, in Nashville, Tenn. After the war he came to Texas. In October he married Miss Patti Davidson of the Davidson - Caldwell family who has resided in Texas over fifty years. They came from Bedford County, Tennessee, and still further back from "Quid Ireland." The children of Mr. and Mrs. Baker are: Mrs. Jose])hine Thompson, Lieut. Leonard Baker, U. S. A., and Miss Tibbie Hay Baker.

A proof that the people of Fayette County welcome a newcomer, provided he is of the right kind, gives the career of the subject of this sketch, Sam C. Lowrey. He came to this county

Sam C. Lowrey is a native of the state famous for fair women, good whiskey and fine horses. He was born August 26, 1868, in Troy, Woodford County, Kentucky, right in the heart of the blue grass region. His parents are Dr. John C. Lowrey and Jane Guyer Lowrey. He was educated at the Central University of Richmond, Ky. , and received the degree of A. B. of that institution in June, 1892. He then entered the Washington and Lee University of Lexington, Va., graduated in law in June, 1895, and received his diploma as L.L.B. He was admitted in Lexington, Va., to the bar of Virginia in 1895 and in Nicholsville, Ky., to the bar of Kentucky in 1896. During the same year he came to Texas. He first struck LaGrange, and as he liked the place, he did not look out for a second location, but located right here. He opened a law office and practised law. In April, 1899, he was elected city attorney of LaGrange. April 15, 1899, he was married to Miss Carrie McKinney of this city. Li 1900 he was elected to the office of county attorney.

The people did not misplace their confidence. He has proven an efficient and faithful officer and thereby increased considerably the number of his friends.

All the people who have had business in the county clerk's office speak in words of high recommendation of the efficiency and accommodation of its popular occupant. Rud. Klatt has held this office for five terms and during that time has constantly increased his reputation for accuracy, carefulness and faithfulfulness. The duties of a county clerk are various, very arduous and require great ability. An inexperienced man might create in that office a world of confusion. The people are generally glad, if they have elected to that office an efficient man. If he has proven efficient, if he is accommodating and unassuming as the present incumbent, he becomes so solid with the people that an opponent does not offer to run against him, he very rightly ])resuming the verdict of the ])enple to be in the incumbent's favor. The career of Rud. Klatt has not always been without its thorns and reverses. At the youthful age i)f six years he lost his fatiier. at the age of nine, his mother. An older sister took care of him. Later he had the misfortune to lose his left arm in a cornshucker and sheller. Rut we always find him undaunted at his post of duty, doing his duty toward himself and his fellow-citizens.

The parents of Rud. Klatt were Andreas and Anna Klatt, nee Krause. They were farmers in the county of Wongrovie, l)rovince of Posen, Germany. Rudolph was born there July 12, 1858 and came with his parents to the United States in 185G. They settled at Welcome, Austin County, Texas. His fatlier died when Rudolph was only six, his mother, when he was nine j^ears old. Thus, he was left an orphan in a hard world. His older sister took care of hini. He was educated at private schools in Berlin, Washington County, and High Hill, B'ayette County. All his spare time he emyloyed in getting a better education, studying by himself. He farmed till the age of tvvent3'-one years. He than clerked for Roos Bros., Brenham, Texas, for one year. We next hear of him as manager of the cotton gin and oil mill at High Hill. Here he lost his jeft arm. After farming in the year 1879, he passed his teacher's examination in the fall of that year, and followed the profession of teaching for a period of thirteen years. From 1879 to 1881 he taught at Sedan, from 1881 to 1S85, at Middle Creek, from 1885 to 1887 at the La Grange High School, from 1887 to 1892 at Koundtop. He was recognized ns an able and efficient teacher throughout the county and served from 1885 to 1890 on the board of examiners.

He was married in 1875 to Miss Marie Hillje of High Hill. His children are Miss Selma, at home; Arthur, assistant manager of the Weimar Oil works; Paul, rice farmer and manager of a large rice farm near Lane City, Wharton County; Hedwig and Annie, at home.

There is no man in the county who is liked better by part of the population of this county and feared and hated more by the other part than August Loessin. The law-abiding citizens look with with confidence and pride upon him, the lawless element gives him a wide berth and prefers very much not to be in his august presence. Not that he is not a sociable, unassuming gentleman, but the criminally disposed have every reason to shun him. As sheriff of the county he has made a record for fearlessness and energy not surpassed anywhere in Texas. Numerous are the instances where he has arrested criminals who had escaped the clutches of the law; very often he reached into his own pocket to effect their arrest in order that the people might be protected in their lives and properties. It

August Loessin was born February 19, 1853, in Prussia and came with his parents, Fritz Loessin and Frederike Loessin, nee Ramthun, when he was only three weeks old, to the United States. The healthy sea-breeze was no doubt favorable to the development of his strength. He is now considered one of the strongest men in the county. His parents first settled near Fayetteville and in 1865 they moved to Black Jack Springs. Here his fatiier died in 1809; his mother is still living on the old homestead.