Anderson County KS Archives History - Books .....Chapter XVII 1877 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ks/ksfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@gmail.com August 4, 2005, 11:46 pm Book Title: THE HISTORY OF ANDERSON COUNTY, FROM ITS FIRST SETTLEMENT TO THE FOURTH OF JULY, 1876. CHAPTER XVII. Garnett — Contest Over the Townsite — Removal of J. Y. Campbell, Probate Judge — Appointment of Charles Hidden — Pre-emption of the Townsite — Public Buildings — Business Houses — Business Men — Successive City Officers and Postmasters. IN the fall of 1859 the Commissioner of the General Land Office made an order cancelling the entry of the towns of Garnett and Troy. As soon as the papers were forwarded from the Lecompton land office to the General Land Office at Washington, the commissioner discovered that a whole section had been pre-empted for town purposes, and was in violation of the act of Congress of 1844. The cancellation of these pre-emptions left the occupants of the two townsites residing on government land, with town improvements. Dr. John B. Chapman entered upon the south half of the old Garnett townsite, and claimed it under the pre-emption law of 1841; and W. A. Johnson settled the north half of the old townsite of Troy, and claimed it under the same act; and both Chapman and Johnson established their right to pre-empt the land claimed by them. On the 4th day of April, 1860, the persons residing on the north half of the south half and the south half of the north half of section 30, township 20, range 20 (that being the north half of the former townsite of Garnett and the south half of the former townsite of Troy), associated themselves together as a town company, under the name of "The Town Company of Garnett," with a capital stock of $8,000, divided into two hundred shares of forty dollars each, for the purpose of obtaining a title to the lands included in the townsite. On the 9th day of April, 1860, a certificate of incorporation was made and filed with the Secretary of the Territory, as follows: "This is to certify that we, the undersigned persons, have this day associated ourselves together and organized ourselves into a town company, under the general incorporation act of the Territory, to be styled 'The Town Company of Garnett,' with a capital stock of eight thousand dollars, for the purpose of obtaining, by pre-emption or otherwise, the title to the north half of the south half and the south half of the north half of section 30, township 20, of range 20, and to improve the same. "D. W. HOUSTON. "B. D. BENEDICT. "J. G. SMITH. "C. P. ALVEY. "G. W. ILER. "W. A. JOHNSON. "M. J. ALKIRE. "B. F. RIDGEWAY." This was acknowledged before Charles Hidden, a justice of the peace, and the certificate was duly filed in the office of the Secretary of the Territory on the 14th day of May, 1860. The company, so organized, opened books for the subscription of stock. The following are the stockholders of the company, and the number of shares held by each: H. Cavender, C. J. Farley, J. B. Stitt, C. Hidden, A. Simons, J. L. Kercheval, G. A. Cook, J. C. Johnson, William Lampman, J. G. Smith, A.W. Ross,W. A. Johnson, H. Tefft, L. F. Busenbark, M. J. Alkire, Chris. Bowman, J. H. Howard, D. W. Houston, B. D. Benedict, Martin Setter, George W. Iler, J. Q. Tefft, John Johnston, Henry Neal, T. Lindsay, C. P. Alvey, B. F. Ridgeway, John Tefft, John S. Stowe, Harvey Springer, Hugh Quinn, four shares each; D. Frankenberger, J. R. Slentz, R. McLaughlin, Wm. McLaughlin, Robert Beck, J. Graham, F. G. Bruns, Joseph Wilhite, D. Bowman, George Tefft, John Parson, J. M. Alvey, S. J. Crawford, Junius Duran, Gifford McAfee,. James McLaughlin, S. B. Miller, Joseph Embry, A. McAfee, William Tefft, A. Rudd, Miram Pennock, N. Porter, Samuel Isaac, John Parker, three shares each: and G. W. Arrell, one share. The stockholders proceeded to elect the following persons as directors: D. W. Houston, J. G. Smith, C. P. Alvey, G. W. Iler, B. D. Benedict, G. A. Cook, W. A. Johnson and Thomas Lindsay; and the directors so chosen elected D. W. Houston, president: B. D. Benedict, vice president; J. G. Smith, secretary; and C. P. Alvey, treasurer. The company proceeded to have the townsite surveyed and laid off in streets, alleys, blocks and lots; and caused a plat to be made, duly signed and acknowledged by the president, and filed for record in the office of the register of deeds of the county. The company then made application to J. Y. Campbell, probate judge of the county, requesting him to pre-empt the townsite for the use and benefit of the occupants thereof, for their several use and benefit, according to their respective interests. Judge Campbell, being the agent and attorney of the old Louisville Town Company, refused to do so. On the refusal of the probate judge to pre-empt the townsite as requested by the company, they petitioned him to grant an order declaring them a municipal corporation. Although the petition was signed by more than two-thirds of the legal electors of the town, the Judge refused to make the order. The citizens held a mass meeting and appointed a committee, consisting of G. A. Cook, A. Simons and B. F. Ridgeway, to confer with the Judge, and ask him to grant the incorporation, but he still refused. The meeting then appointed a committee of fifteen to consult with him on the matter, but he still was obstinate and refused to grant the incorporation. Then the citizens applied to the Territorial Legislature, at its session in 1861, for a charter of incorporation; and the House passed a bill in the early part of the session incorporating the town of Garnett. As soon as Judge Campbell learned that the effort was being made to have the town incorporated by the Legislature, he went before the Council and succeeded in defeating the measure before that body. So, at the close of the session of the Legislature in the winter of 1861, the citizens on the townsite were left in uncertainty as to the title of their possessions. Judge Campbell having been elected under the Wyandotte constitution, was to enter upon the duties of the office, under the State organization, for a term of two years. Matters began to assume a serious aspect; there were about five hundred inhabitants residing on land to which they were justly and equitably entitled to have a clear title, but were kept out of it by the action of the probate judge. Thus matters remained until September, 1861, when the citizens requested D. W. Houston and W. A. Johnson to investigate the matter and see what steps could be legally taken to secure the rights of the citizens to their homes; and on examination of the county records it was discovered that Campbell had not qualified as probate judge in all respects according to law, so they procured certificates and affidavits of that fact and presented the matter to Governor Robinson, with a request for the appointment of Charles Hidden to the office of probate judge. The Governor, after examining the whole case, was satisfied that a vacancy existed, and commissioned Charles Hidden as probate judge for the county. The commission came late in the evening, and Hidden qualified that night, and next morning called on Campbell for the books and papers belonging to the office, which he refused to deliver up, so that it became necessary to get them by legal proceedings. Application was made to Judge S. O. Thacher for an order for the recovery of the books and records of the office. Campbell was duly notified of the application, and appeared at Lawrence and strenuously resisted the application; but, on a full hearing, Judge Thacher granted the order, and addressed it to G. A. Cook, sheriff of Anderson county, directing him to seize the property and books belonging to the office and deliver the same to Charles.Hidden, probate judge. From the judgment and order of Thacher, Campbell appealed to Thomas Ewing, chief justice of the Supreme Court. On receiving the order Sheriff Cook proceeded to execute the same; but on entering the office found nothing but the seal of the court and an empty desk. The seal had been left on the table by mistake. Cook notified Campbell of his business, and seized the seal; Campbell forbade him taking it, claiming it to be private property, whereupon Cook made an impression with the seal, which showed it to be the seal of the probate court, and took the seal, together with the desk, and delivered them to Hidden. On the 7th day of October, 1861, Charles Hidden, probate judge of Anderson county, by an order duly made, declared the town of Garnett a municipal corporation, in pursuance of the provisions of a law of Kansas, entitled, "An act for the incorporation of towns and villages," approved February 1, 1859, in the name and style of the "Inhabitants of the Town of Garnett," and at the same time appointed as trustees of the town, G. W. Iler, Thomas Lindsay, G. A. Cook, B. F. Ridgeway and William McLaughlin, The trustees thus appointed met and qualified on the same evening, and organized by selecting G. W. Iler chairman, and G. W. Arrell as secretary. On the 17th day of October, 1861, the chairman of the board of trustees pre-empted the townsite, in trust for the several use and benefit of the occupants thereof. At the January term of the Supreme Court, 1862, the appeal taken by Judge Campbell was argue4 before Chief Justice Ewing, by Nelson Cobb for Campbell, and W, A. Johnson for Hidden. The Chief Justice took the case under consideration for about two weeks, and finally affirmed the order made by Judge Thacher, which put at rest the probate judgeship of Anderson county, and the title to the townsite. During the two years that the title of the townsite was kept in a state of uncertainty by the obstinacy of the probate judge, very little improvement was made and but few settlers located in the town. Then came the rebellion, that kept all improvements from progressing for several years, until the close of the war. In 1858 the old Garnett town company built a school house on the northwest corner of Seventh avenue and Oak street, and donated it to school district No. 2. This was the first public building in the town. It was used for all public meetings and for court purposes for three or four years. In 1862 the district sold the building to H. Cavender for $300, and built a two-story frame building on the corner of Third avenue and Cedar street, at a cost of $3,500. In 1874 the district built a brick school house, with stone basement, on the southwest corner of Third avenue and Pine street, at a cost of $30,000. This is one of the best school houses in this part of the State. In 1864 a stone building was built on the public square, two stories high, for a jail and jailer's residence, at a cost of $3,000. F. G. Bruns opened a furniture store on the corner of Sixth avenue and Cedar street in 1857, and has continued in the business to the present time, now in partnership with O. Fabricius, on Fifth avenue. Martin Setter established a boot and shoe shop on Sixth avenue in 1858, and has remained in the business since, and is now on Fifth avenue. Thos. J. Owen opened a saloon on Pine street in the spring of 1859. J. T. Purcell started a harness and saddle shop on the northeast corner of Fifth avenue and Pine street in 1858, and is now carrying on his business on Fifth avenue, on the south side of the public square. G. W. Iler and J. G. Smith opened a dry goods store on the southeast corner of Seventh avenue and Pine street in the summer of 1859, and continued till 1861, and sold to W. O. Cloud, who continued the business until 1866, when he removed the building to Fifth avenue, on the south side of the public square, where he continued his business for a few years, until declining health compelled him to retire to private life. He died in 1868. C. P. Alvey opened a dry goods store in May, 1859, on Sixth avenue, in the house now occupied by L. Kolb as a residence. In 1860 he removed into a two-story frame building on the northwest corner of Fourth avenue and Pine street, which he used as a dwelling and store until 1867, when he moved his store into his new stone building on the southwest corner of Fourth avenue and Oak street, where he continued his business until 1869. G. W. Iler and W. J. Bayles formed a partnership in 1866, and opened a store as general merchants on Fifth avenue, on the south side of the public square, which was the first store building erected on the public square, where they continued their business for several years. The Garnett House, on the southwest corner of Fourth avenue and Walnut street, was built in 1858 by D. W. Houston, and opened as a hotel by Hiram Tefft in the fall of the same year. It was the first hotel in the town. There have been several additions built to the building since. Bruns' Hall, a two-story frame building on the southwest corner of Sixth avenue and Cedar street, was the first hall in the town. It was built in 1860, and was used for public purposes and for a court room; and the Masons and Odd Fellows occupied it for several years, where both societies were organized. It is now partitioned into small rooms, and occupied by George Vines as a dwelling. John S. Stowe opened the first meat market, in 1860. John Porter built a two-story frame dwelling on Fourth avenue, north side of the public square, in 1859; the house now owned by E. S. Niccolls. William Lambert started a blacksmith shop in the spring of 1859. Harvey Springer opened a wagon shop in 1859, and is still engaged in the same business. H. C. Moler built a two-story frame building on the northwest corner of Seventh avenue and Pine street, in 1863, and opened a dry goods and grocery store, and continued to do business there until 1867, when he removed his building to the northwest corner of Fifth avenue and Oak street; but soon after sold it, and it is now owned by W. H. Lott. C. P. Alvey built a two-story stone building on the southwest corner of Fourth avenue and Oak street in 1866. This was the first stone business house erected in the town. The second story was used for several years for a court room and public meetings; but has been partitioned into rooms and occupied as offices. C. E. Dewey built a two-story frame house on the southwest corner of Seventh avenue and Main street in 1866, and opened a boarding house the same fall, which he has occupied until the present. L. Kolb opened a saloon on Sixth avenue in 1860, and has been engaged in that business and in keeping restaurant ever since. John Dunn opened a drug store on the northeast corner of Fourth avenue and Pine street in 1865, and sold it to C. P. Alvey, who sold it to B. F. Pattee and D. R. Pattee in 1866, who remained in that business for four or five years. L. F. Busenbark opened a stove and tin shop on the northeast corner of Seventh avenue and Pine street in 1860. Isaac Morley started a blacksmith shop on Fourth avenue in 1859, an(^ continued it until 1861. A. L. Osborn opened a blacksmith shop in 1863. The Eagle mill was built by C. E. Wolfley andW. S. Vreeland in 1867, on Sixth avenue. It was a saw and flouring mill combined, and one of the best mills in Southern Kansas. It is now owned and operated by J. M. Stevenson & Co. M. B. Taylor built a two-story frame building on the northwest corner of Fourth avenue and Oak street in 1867, and opened a drug store therein, known as the "City Drug Store." The postoffice was kept in this building for several years. Isco Sutton opened a dry goods and grocery store on the southeast corner of Fifth avenue and Main street in 1867. The county built a two-story stone and brick building for a court house on Oak street in 1868, where the county offices and records have been kept ever since the spring of 1869. E. I. Meeker opened a grocery store on Fifth avenue in 1868; and afterwards removed his store to Oak street, and entered into partnership with M. L. White, and added dry goods to their stock. L. Kolb built a one-story stone house on the northwest corner of Sixth avenue and Main street in 1868, and opened a saloon therein. The house is now occupied for the same purpose by Jacob Askins. G. W. Osborn built a livery stable on Fifth avenue in 1868, which is now operated by J. J. Wardell. The Galveston House, on Seventh avenue, a two-story frame, was built by Riley Spriggs in 1868, and was destroyed by fire in 1871. John Ricketts opened the first lumber yard in the town in 1868. William Groll opened a grocery store on Fifth avenue, on the south side of the public square, in 1868, and still continues the business, having added dry goods to his stock. Brans & Fabricius built a one-story brick house for a furniture store and factory in 1868, and opened a store in it the same fall. H. C. Moler built a one-story brick house on Fifth avenue in 1868, and opened a grocery store therein. Mrs. S. J. Hamilton built a two-story stone house on Fifth avenue, on the south side of the public square, in 1869, and Mrs. S. J. Ross opened a grocery store in it the same year. J. W. Rice built a two-story brick house on Fourth avenue, west of the city drug store, in 1869, and the postoffice was kept in this building for four or five years. W. Huff built a two-story frame house on Fourth avenue, north of the public square, in 1869, and opened a jewelry store in it the same year. W. H. Carson opened a dry goods store on the southwest corner of Fourth avenue and Oak street, in the Alvey building, in 1869, and afterwards formed a copartnership with Elias Norris. The Barber block, a two-story brick, on Fifth avenue, south of the public square, was built in 1869 by F. G. and A. G. Barber. The Barber brothers opened a large dry goods store in the block the same year. In August, 1872, A. G. Barber withdrew, and F. G. Barber has carried on the business successfully ever since, in the same place. A. F. Royer & Co. opened a hardware store on Fifth avenue in 1869, and afterward sold to Elmer Golden and P. G. Noel, and they sold to Chas. W, De Wolf, who still continues the business. Knouff, Wittich & Grouse opened a grocery store on Fifth avenue and Main street, in the year 1869, and dealt in grain. This was the first grain store in the town. Knouff afterwards withdrew from the firm, and the business has since that time been carried on in the name of Wittich & Grouse. They added dry goods to their stock on the withdrawal of Knouff. William Hamilton opened a boot and shoe store on Fifth avenue in 1869, and continued in that line of business until his death in December, 1875, and the business has been continued since his death by his widow, Mrs. S. J. Hamilton. Mrs. A. Laferty opened a millinery store on Fifth avenue, south of the public square, in 1869. Brunswick Hall, on Fifth avenue, a two-story frame building, was built by John D. Gill in 1869, where he opened a saloon in 1870. J. P. Crane started a lumber yard on the northwest corner of Seventh avenue and Oak street in November, 1869. A. S. Meriam & Co. opened a lumber yard on Oak street in 1869. Edwards & Son opened a lumber yard on Main street in 1870. P. G. Noel opened a dry goods store on Oak street in 1869, and sold to Edgar Barnes. Elmer Golden opened a hardware store on Oak street in 1869, and afterward formed a partnership with P. G. Noel in the store room now occupied by C. W. De Wolf. The St. James Hotel, a three-story frame building on Oak street, was built by G, A. Smith and L. H. Gordon in 1870, and opened in the same year, and is still occupied as such by the same parties. A two-story brick and stone block was built on Oak street, extending from the southwest corner of Fifth avenue to the St. James Hotel, in 1870, by John R. Foster & Co., E. L Meeker, D. A. Perrin and Stouch & Vreeland. This block contains five business rooms below, and four halls above. The Stouch & Vreeland hall is the largest and finest in the city. John R. Foster & Co. started a bank on Fifth avenue, .south of the public square, in April, 1870. In 1872 "The Anderson County Savings Bank" was organized, with a capital stock of fifty thousand dollars. The first board of directors of the bank were W. H. Conover, E. I. Meeker, Thomas W. Foster, William Spriggs, Isaac Knouff, John R. Foster, A. Bergen, J. P. Crane and W. F. Smith. W, H. Conover was elected president, and John R. Foster, cashier. Joseph Coe and R. C. Marsh opened a grocery store on Fifth avenue in 1870. A. Kunkler opened a hardware store on Fifth avenue, south of the public square, May 10, 1871, and remains in that business at the same place. L. Kolb built a stone building, two-stories high, on Fifth avenue, south of the public square, in 1872, and opened a saloon therein. "The Citizens Bank of Garnett" was incorporated on the 3d day of August, 1872, with a capital stock of one hundred thousand dollars. A. G. Barber, J. T. Lanter, Milton Mills, A. Simons, W. H. Lott, J. Q. Hutchinson and Joseph Slutz composed the first board of directors. John T. Lanter was elected president, and A. G. Barber, cashier. The bank is situated on the northwest corner of Fifth avenue and Oak street. O. E. Skinner opened a, drug store on Fifth avenue in 1872, and sold it to W. R. Judson, jr., the same year, who continued in the business until 1876, when he sold it to Dr. G. J. Rogers and Jonathan White. The Novelty mill was built by W. S. Vreeland in 1873. It was a first-class mill. In 1875 Vreeland sold the mill to D. W. Houston, who removed it to Leavenworth. J. A. Gailey built a two-story stone house on Fourth avenue in 1870, and opened a drug store in it in 1872. George Patton and O. W. Wyatt opened a grocery store on Oak street on the i5th of February, 1873. J. H. Stewart opened a grocery store on Oak street in 1874, and continued there until 1876; then removed to the south side of the public square, where he continues his business. The Garnett cheese factory was put in operation by M. M. Minkler and J. C. Wooster in 1874. The above are some of the business men of Garnett; but various other business men and houses in the town, for want of space and time, are omitted. The following are the attorneys that have had offices in the town: Sam'l Anderson, D. W. Houston, W. A. Johnson, J. B. Stitt, Wm. Spriggs, J. G. Lindsay, B. D. Benedict, S. J. Crawford, A. W. Hazelrigg, Thornton A. Shinn, B. F. Ridgeway, A. Simons, M. A. Page, James F. Walker, J. J. Hoffman, W. L. Pierce, H. W. Masters, ____ Ellsworth, L. K. Kirk, R. E. Heller, A. Bergen, B. S. Wilkins, H. L. Poplin and Milton Mills. Physicians: Thomas Lindsay, G. W. Cooper, Preston Bowen, J. Fitzgerald, John Buterbaugh, W. A. Walker, J. H. Whitford, O. E. French, J. W: Mackey, N. C. McMorris, G. J. Rogers, W. S. Lindsay, H. G. Wilcox. Successive city officers: On the 7th day of October, 1861, G. W. Iler, Thos. Lindsay, B. F. Ridgeway, G. A. Cook and William McLaughlin were appointed trustees, and they elected G. W. Iler, chairman, and G. W. Arrell, clerk. February 4, 1862, G. W. Arrell was appointed to fill the vacancy caused by the absence of G. A. Cook from the city. October 23, 1863, C. Hidden, G. A. Cook and M. Puett were elected to fill vacancies occasioned by the enlistment of Thomas Lindsay and William McLaughlin in the army, and the removal of B. F. Ridge way from the city. April 6, 1863, at the regular election for trustees, G. W. Iler, G.W. Arrell, J. Graham, A. L. Osborn and C. Hidden were elected. April 3, 1865, at the annual election of city officers, D. W. Houston, J. F. Walker, H. Cavender, H. Capper and J. T. Lanter were elected trustees. April, 1866, D. W. Houston, J. T. Lanter, T. G. Headley, H. Cavender and G. W. Her were elected trustees. April 1, 1867, D. W. Houston, T. G. Headley, G. W. Iler, M. A. Page and J. T. Lanter were elected trustees. April 6, 1868, as trustees, G. W. Iler, J. T. Lanter, G. M. Everline, W. S. Vreeland and J. G. Lindsay were elected. In 1869 the Legislature passed an act for the incorporation of cities of the third class, which provided that all towns in the State of Kansas could become incorporated as cities of the third class, provided a majority of the legal voters of the town voted to accept the provisions of the law. On the 26th of February, 1870, at a special election for the purpose of changing the municipal government to that of a city of the third class; there were 81 votes in favor of the proposition and one vote against it. April 4, 1870, at the annual election for city officers, L. K. Kirk was elected mayor; Joseph Coe, E. S. Hunt, John Cox, C. T. Chapin and C. P. Alvey, councilman. J. Q. Hutchinson was chosen clerk, and resigned, and F. G. Barber was selected for the remainder of the term. April 3,1871, John R. Foster was elected mayor; A. F. Royer, A. Simons, J. S. Wilson, J. E. Taylor and F. G. Bruns, councilmen; and John R. Whitney was chosen clerk. April 1, 1872, J. P. Crane was elected mayor; A. F. Royer, Otto Fabricius, Solomon Kauffman, John Ricketts and J. C. W. Pearce, councilmen; J. J. Hoffman, police judge. S. N. Williams was chosen clerk. April 7, 1873, J. P. Crane was re-elected mayor; John Ricketts, M. A. Crouse, Win. Baillie, R. C. Marsh and J. Lamson, councilmen; B. S. Wilkins, police judge. G. M. Everline was chosen clerk. April 6, 1874, Jonn T. Lanter was elected mayor; Wesley Huff, Samuel Crum, James Watson, Solomon Kauffman and A. B. White, councilmen; and M. A. Page, police judge. Thomas Bowles was selected clerk. April 1, 1875, E. I. Meeker was elected mayor; W. S. Vreeland, J. M. Stevenson, J. P. Crane, L. H. Gordon and W. H. Lott, councilmen; J. M. Craig, police judge. J. Q. Whitford was chosen clerk. April 3, 1876, L. H. Gordon was elected mayor; W. H. Lott, J. M. Stevenson, W. S. Vreeland, O. W. Wyatt and F. G. Bruns, councilmen; George L. Will, police judge. J. Q. Whitford was chosen clerk. Successive postmasters: 1858, Thomas Lindsay; 1860, C. P. Alvey; 1866, Isco Sutton; 1867, M. B. Taylor; 1869, J. W. Rice. Additional Comments: THE HISTORY OF ANDERSON COUNTY, FROM ITS FIRST SETTLEMENT TO THE FOURTH OF JULY, 1876. BY W. A. JOHNSON, CHAIRMAN OF HISTORICAL COMMITTEE. PUBLISHED BY KAUFFMAN & ILER, GARNETT PLAINDEALER, 1877. Entered according to act of Congress, in the year 1877, by KAUFFMAN & ILER, In the office of the Librarian of Congress,Washington, D. C. File at: http://files.usgwarchives.net/ks/anderson/history/1877/anderson/chapterx70ms.txt This file has been created by a form at http://www.poppet.org/ksfiles/ File size: 27.1 Kb