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Montgomery County organization records

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[Page 1]

 

Whereas – It appears from the records in the office of the Sec’y of State that a census of Montgomery county has been taken according to law properly sworn to by three resident freeholders of said county showing a population of over six hundred inhabitants citizens of the United States and

Whereas more than twenty inhabitants freeholders in Montgomery county, have petitioned for the appointment of three Special County Commissioners and one special clerk and have elected and named a place as the temporary county seat of said county: now therefore by virtue of the authority vsted in me as Governor of the State of Kansas I James M. Harvey have appointed and Commissioned the Special county commissioners and clerk asked for in that petition and do hereby declare Verdigris City the temporary county seat of Montgomery county –

 

[Page 2]

 

In testimony whereof I have hereunto subscribed my name and caused to affixed the Great Seal of State. Done at Topeka this third day of June A. D. 1869 -

James M Harvey

Attest Thomas Mooneight
Secy. of State

 

[Page 3]

 

State of Kansas

County of Bourbon

Personally appeared before me John A Flora Daniel R B Flora Hugh Houston E C Kimball and R [X] Walker who being duly sworn depose and say that thay are residents and freeholders of the county of Montgomery in the state of Kansas tht said county of Montgomery is an unorganized county of this state and that said county of Montgomery contains a population of [Eight] Seven hundred inhabitants – [and five]

John A Flora

Danil R. B. Flora

Hugh Huston

E C Kimball

R. D. Walker

Subscribed and sworn to before me this 14th day of May A.D. 1869

W S MacFeaters

Notary Public

in and for Bourbon County Kansas

 

[Page 4]

 

Affidavit

 

[Page 5]

 

After hearing all the evidence in this cause and having the arguments of council, It was [XXXXXX] and adjuged by the Court the Presiding Judge and both the assoceates concurring that no person was elected to the various county Offices at the [County] election held in the County of Montgomery and State of Kansas on the 2d day of November AD 1869 and that said election be declared Null and void and be set aside for the following reasons, which are facts found by the count from the evidence to wit:

1st That the notice of election was not such as the law requires and was not signed by the county commissioners and was only given 21 days before elections

2d For fraud and corruption on the part of two of the Judges of election in Verdegris Township in Knowingly allowing a large number of number of citizen of Labette County Kanas to vote at said election.

3d for fraud and competition on the part of the County Commissioners of Montgomery County in not receiving and counting the votes of Drum creek Township in said county and in the Canvass of

 

[Page 6]

the Other Townships of said County of said time.

4th For refusing to permit a certain candidate to remain in the Office while the votes cast at said election were being counted and canvassed, and for canvassing said votes privately and with doors closed against the public

5th For refusing different persons at divers times the liberty of inspecting examining of obtaining copies of the Poll Books of the said election in the records or the records of the canvass of said votes on a form appertaining to said election

It is further adjudged that the Certificates of Election heretofore issued by the County Clerk of Montgomery County Kansas and [XXXXXX] upon said election held on said 2nd day of November AD l869 to the following persons for officrs to their names annexed respectively to wit: Daniel Bruner to the office of Sheriff Thomas J [XXXXXXXXX] , W S. Allen and G S. Garrett to the office of County Commissioners of said County

 

[Page 7]

 

J Milo [XXXXXX] [XX] the office of County Clerk of Said County, [XXXXXX] Foster [XXX] the office of County surveyor, Goodal [XXXXX] [XX] the office of County Atty of said County, Z R [XXXXXX] [XX] the office of District Clerk of said County, Ezekiel K Kuntz [XX] the office of Probate Judy of said County Sidney Allen to the office of Coroner of said County, and John A Helpingstine to the office of Superintendent of said County be declared null and void and said certificates of Election are herely annuelled.

It is hereby considered and adjudged that the costs of this proceedings be taxed against the above named [XXXXXXX] whose certificates of election are declared null and void with the exception of John AHelpingstine and that [XXXXXX] issue against the said [XXXXXXX] for

 

[Page 8]

 

The sum of --- dollars in this action and [XXXXXX] costs –

I hereby certify that the forgoing is a correct copy of the records of proceedings of the of said action now on file in my office.

Given under my hand and the seal of my office this 7th day of Jan 1870

Joseph Robbins Coles

[XXX] J. L Russell Dept C Clerk

 

[Page 9]

 

STATE OF KANSAS

Office of Attorney General

Topeka, Jany 19th, 1870

Gov. J. M. Harvey

Sir:

In regard to the difficulty experienced in organizing the County of Montgomery I would say, that I see no way in which your Excellency can relieve the Citizens of that County from their Embarrassment with reference to their County Officers,

“ An act relating to the organization of new Counties” P. 249 Gen’l Statutes 1868 provides that upon proper application you shall appoint Commissioners but it nowhere provides for their removal or the appointment of others to discharge their duties when they have failed of omitted to perform their duties as required by law. If there

 

[Page 10]

 

Has been a failure on the part of the Commissioners appointed for the County to perform their duties according to law.  the parties [XXXXX] [XXXX] may secure their remedy thro the proper judicial tribunals and the Commissioners may still right the wrong (if one has been committed) by ordering a new Election which shall be conducted fairly and honestly and free from the irregularities Complained of.

I think your Excellency has done in the premises required by law and Cannot consistently appoint other special Commissioners for Montgomery County without further legislation in that behalf

Very Respectfly

A. Danford

Atty Gen’l

 

[Page 11]

 

Coffeyville Montgomery Co Kansas

Feb 8th 1870

To His Excellency Gov Harvey Gov of Kansas

 

The petition of the Undersigned inhabitants of this town and the county adjacent humbly [XXXXXX] that they [XXXX] are here without any legal tribunal or officer to [XXXX] [XXXXXXXXXX] of Deeds [XX] there being no Justice of the peace west of the verdigris river in this County – much inconvenience arises from such want  We therefore respectfully pray your excellency to appoint a suitable person here to fill said office untile there a suitable person here to fill said office there [XX] an election in due course of law –

We respectfully recommend the appointment of  Wm Bobier an active [XXXX] qualifying citizen of this town to fill said officer and to [XXXXX] prayed –

[X] B. Wood

[XXXX] Earley

J. W. Burns

T. Riggs

E H Fagen

C H. Hunt

W H. Slaten

F. A Moore

L Carson

William Ross

M. A. Easley

B [XXXXXXX]

John  Cadan y

S. Granger

J. [X]. Coffey

Jos Kemp

P. R Flynn

P. Wheeler

E. M. Wheeler

G W Wilson

Joel H Olmsted

A D Paigsley

S [X] [XXXXXX]

J R Newcomb

[X] W [XXXXX]

L S Taylor

Geo Wolf

E R Evans

J H Chenoweth

H A Marsh

Edgar E [XXXXXX]

 

G. W. Bean

Will D Guthrie

 

[Page 12]

 

Westralia, Montgomery Co. Kan.

Hon. James M. Harvey, Governor, etc.

Dear Sir:

Your Excellency will perhaps remember that an attempt was made last fall to organize Montgomery County Three Special Commissioners and a Special Clerk were duly appointed in conformity with the provisions of the “Act Relating New Counties”, Page 249 of Gen Stat. – The County was divided into townships, an election was duly appointed and held, the votes canvassed and certain persons declared duly elected to the several county offices.  The election of all of the County officers (but not of the township officers) was [XXXXX] before the Probate Judge of Wilson Co. and the election declared void.  The election of all the township officers chosen at the same election was not contested in any manner [XXXX] before any tribunal; and the township officers filed their bonds and official oaths with the

 

[Page 13]

 

Special County Clerk immediately after their election.  The location of the County Seat was fixed and declared at the same election and has not been contested, ner has there been any attempt to contest it. The county officers of Wilson County continue to exercise jurisdiction over Montgomery Co. affairs and general dissatisfaction exists in Montgomery County at being treated as an appendage of Wilson.  A great majority of our people [XXXXXXX] are of the opinion that the County officers should be regarded as vacant and that the Govener should fill them by appointment in the same manner as if the election of county officers Shawnee or Douglass Co. last fall had been declared void and the county offices in these counties had thiers become vacant.  We think the Special Commissioners and Special Clerk having called and held one election and canvassed the vote and perfermed all duties connected with such election and declared the result and having also divided the County into townships and fixed the location of the County Seat have

[Page 14]

 

discharged all duties incumbent upon them and have exhausted their powers, and have no authority to order another election nor to act as general Commissioners.  We also think that the organization of the County was in so far completed by the organization of townships, the location of the County Seat, the election of township officers and the election of township officers and the election of the County officers (as determined by the Special Commissioners) that it can not properly be treated as an unorganized county and another set of Special Commissioners appointed and another special election held to organize it; and that consequently the only method of evoking order from the present chaos is fer the Governer to appoint persons to fill various County officers.  The organization of the County into townships is undisputed; the township officers are recognized as ;lawful officers and their right to be so regarded is unquestionable ; and the location of the of the County Seat as fixed by the election is uncontested; and we believe that if the officers declared elected by the Special

 

[Page 15]

 

Nos.                    Names                                              Age

1                      B F Ward

2                      Daniel McTaggart

3                      Thomas Head

4                      Charles Keedler

5                      John Lewis

6                      Madine Lewis

7                      Evelina Lewis

8                      Edward Foyle

10                    Joseph McCormack

11                    Martha McCormack

12                    Jane McCormack

13                    Jo. McCormack

14                    John Claspell

15                    Lucy Claspell

16                    Miny Claspell

17                    John Harriman

18                    Matilda Harriman

19                    Eva Harriman

20                    James Penix

21                    Rhoda Penix

22                    Samuel Penix

23                    Mary Penix

24                    George Penix

25                    Minny Penix

26                    Martha Penix

27                    Edbert Kelly

28                    Herman Gench

29                    Samuel Hockett

30                    Eunice Hockett

 

[Page 16]

 

31 Charles Hockett

32 Josephine Hockett

33 James J Taylor

34 Susan Taylor

35 Wm H Taylor

36 Nancy Taylor

37 Wm Hartshorn

38 Charles Hartshorn

39 R. D Hartshorn

40 Ellen McMichle

41 John McMichle

42 Greely McMichle

43 Lyda McMichle

44 John Cortney

45 Molly Cortney

 46 Newton Beel

47 Wm J Johes

48 John Briggs

49 Jessy Bishop

50 Hulda Bishop

51 Geo. E Bishop

52 John Stallcup

53 Mary Stallcup

54 Clara Stallcup

55 Geo Stallcup

56 Andrew Baldwin

57 Geo Baldwin

58 Enice Baldwin

59 Emma Baldwin

60 Perry Rutford

61 Sarah Ruthford

62 Wm Ruthford

63 Jennie Ruthford

64 Maria Ruthford

65 Lucy Ruthford

66 Wm Ruthford Jr

67 George Ruthford

68 Noah Ruthford

69 Charles Keesler

70 Sarah Keesler

71 Gerta Keesler

72 Ida Keesler

73 Gerta Keesler

74 Benj. Conneelas

75 Joshua Billings

76 James Moore

77 Wm Moore

78 R. M Bennett

79 Martha Bennett

80 James Bennett

81 Augustus Bennett

82 Wm Huett

83 Wm Wilson

84 John Spencer

85 Hugh Spencer

86 W F Benton

87 Julia H Benton

88 Ida May Benton

89 John [X] Benton

 

[Page 18]

 

90 Henry Fulk

91 Lydia Fulk

92 Julia Fulk

93 John  Fulk

94 John Asdal

95 Mary Asdal

96 John W Shaw

97 John W Young

98 John McDonald

99 Wm McDonald

100 Samuel McDonald

101 W. W Snoddy

102 May M Snoddy

103 Theodore Moses

104 Belle Moses

105 Chan Townsley

106 Catharin Townsley

107 J D Knox

108 Maggie Knox

109 Debert Knox

110 Herbert Knox

111 James Fury

112 Nancy Fury

113 Maggie Fury

114 John Sweny

115 Ellen Sweny

116 [XXXXX] Larimer

117 Harvey Larimer

118 Jane Larimer

119 James Hamilton

 

[Page 19]

 

120 John Ingran

121 Belle Ingram

122 Kate Ingram

123 Alx Hoiland

124 Mary Holland

125 Wm Holland

126 Harvey [XXXXXXX]

127 Alx Watson

128 Wm Allen

129 Moses Neely

130 Thomas H Pierce

131 [X] [X] Brewer

132 E A Pierce

133 James Randolf

134 Dr. Moore

135 Mary Ann Moor

136 M V Smith

137 Adda Smith

138 Estella Smith

139 Augusta Smith

140 Hatta Smith

141 [X] M Beeler

142 almaninda Beeler

143 Ashel Parker

144 Achsah Parker

145 Alfred E Parker

146 W C Dickey

147 Hiram [XXXXX]

148 George Parker

149 [XXXXXX] Reed

 

[Page 20]

 

150 Sarah Reed

151 Shelbern Reed

152 [XXXXX] Reed

153 Wm Reed

154 Blackburn Reed

155 Robert Reed

155 James Smith

156 Matilda Smith

157 Thomas Smith

158 Mary Smith

159 J P Harris

160 L Thomas

161 A M Conner

162 Wm H Lucus

163 Isabell Lucus

164 Clayton Luc us

165 John Lucus

166 Russel Lucus

167 Ira Lucus

168 Charles Gardner

169 Lucia Gardner

170 Mary Gardner

171 Hallie Gardner

172 Guy Gardner

173 Orville Cotton

174 S F Rich

175 Catharine Rich

176 W N Cotton

177 Pricilla Cotton

178 Margaret Cotton

 

[Page 21]

 

179 Ellsworth Cotton

180 Wm R Rich

181 Hettie Rich

182 Francis E Richa

183 Amos R Rich

184 Obediah Rich

185 Hamilton Rich

186 Rily R Rich

187 Priscilla C Rich

188 H E Porter

189 A J Flemming

190 A VAngilder

191 A Williams

192 John Neel

193 Moses Neel

194 R W Dunlap

195 Andrew Whitesid

196 Henry Anderson

197 Wm N Holland

198 John S Holland

199 Joseph L Holland

200 Sarah E Hollajnd

201 Oscar W Holland

202 John W Ankrora

203 Murand [X] Ankram

204 Mary E Ankram

205 William Minnich

206 Levi Mann

207 Annie Mann

 

[Page 22]

 

208 Nancy Much

209 Mary E Munch

210 Emma J Munch

211 Elcy Ellen Munch

212 Laura Munch

213 Jacob Cass

214 Hannah Cass

215 Martha F Cass

216 Emma E Cass

217 James R Cass

218 Hannah O Cass

219 Victoria Cowden

220 Isaac Wychoff

221 Eliza Wyckoff

222 Michael Downey

223 Wm Hibbard

224 J A O’Briant

225 Enoch O’Briant

226 Nancy O’Briant

227 Moses W O’Briant

228 J P A Lewis

229 J A Haspfield

230 S H Willis

231 Carolin Willis

232 [XXXXXX] Willis

233 Kate Willis

234 James White

235 [XXXXXX] White

236 Daniel Miller

237 Hannah Miller

 

[Page 23]

 

238 John Miller

239 [XXXXX] Miller

240 Elizabeth Miller

241 Henry Miller

242 Martha Miller

243 Ellen Miller

244 Frank Overdorff

245 Catherine Overdorff

246 George Grumbling

247 Susan A Grumbling

248 Mary Ann Grumbling

249 Michael Sowers

250 Fredrick Sowers

251 Catherine Sowers

252 Louisa J Sowers

253 John Peddicord

254 Margaret Peddicord

255 Kate Peddicod

256 Wm Wakefield

257 Martha Wakefield

258 Elizabeth Wakefield

259 Caroline Wakefield

260 John Wakefield

261 George Rodgers

262 Wm Roder

263 Rebecca Rodgers

264 Henriette Rodgers

265 Wm Cook

266 James Cook

267 Nancy Cook

 

[Page 24]

 

 268 William Allen

269 John Adams\

270 Charles Maffitt

271 John Morgan

272 Wm Roler

273 Henry [XXXXX]

274 H S Manlove

275 L D Manlove

276 Sarah Kimball

277 A. Horner

278 C H Horner

279 L Y Horner

280 A J McAlister

281 Flora McAlister

282 Gerta McAlister

283 Michael Driscall

284 Harry Driscall

285 Joshua Driscall

286 Hannah Driscall

287 Harriet Driscall

288 Jennie Driscall

289 Margaret Driscall

290 Emanuel Miller

291 Susan Miller

292 Elisabeth Miller

293 John Miller

294 Albert Miller

295 Jacob Miller

296 Sarah Ann Miller

297 Nancy Miller

 

[Page 25]

 

298 Wm Armstrong

299 Mollie Armstrong

300 Hiram Armstrong

301 Monroe Armstrong

302 Harvey Emrie

303 Fanny Emrie

304 Lucy Emrie

305 Gerta Emrie

306 A S Allison

307 D G Allison

308 Daniel Allison

309 Nancy Allison

310 Rachael Allison

311 C H Wicks

312 O W Wicks

313 B J Wick

314 Albert Wick

315 J M Wick

316 C D Wiggins

317 Sarah Wiggins

318 Abram Hamilton

319 Sarah A Hamilton

320 Laura Hamilton

321 Arvilla Hamilton

322 Mary Hamilton

323 David Dawson

324 Wm J Dawson

325 George W Dawson

326 Sallie Ann Dawson

327 John Dawson

 

[Page 26]

 

328 James Steward

329 Hannah Steward

330 Miriam Seward

331 James G Smith

332 Rutha J Smith

333 Orvilla Smith

334 Theodore Smith

335 John Burgess

336 Sarah Burgess

337 Lydia Burgess

338 Henry [XXXXXXX]

339 Joseph Ray

340 Amanda Roy

341 Robert McNutt

342 Hannah McNutt

343 Margaret McNutt

344 Wm Hunter

345 Frank Hunter

346 Margaret Hunter

347 Elizabeth Hunter

348 John Martin

349 Alfred D Martin

350 Jennie N Martin

351 James McMannus

352 Nettie McMannus

353 Wm Mannus

354 Clarence McMannus

355 James C Cook

356 Rosa Ann Cook

357 Clarence Cook

 

[Page 27]

 

358 John McTaggart

359 J M Metzler

360 J G Metzler

361 Simon Shuman

362 Annetta Shuman

363 Rebecca J Shuman

364 Henriette Shuman

365 Wm Rodgers

366 Margaret Rodgers

367 Eliza J Rodgerers

368 Rebecca J Rodgers

369 Henriette Rodgers

370 Estella Rodgers

371 George W Rodgers

372 Mary Rodgers

373 Theodore Reber

374 Mary Jane Reber

375 J M Brown

376 Alixander Watson

377 Harmon Clapp

378 Herman Clapp

379 Maggie Clapp

380 Mark Williams

381 Sarah Williams

382 Mary Williams

383 Mordica Williams

384 James Waddle

385 Harvey Waddle

386 Frank Hunter

 

[Page 28]

 

387 Wm Fury

388 Joseph Fury

389 Maggie Fury

390 Kate Fury

391 A J Sampson

392 George Sampson

393 Lucy C Sampson

394 Amand Sampson

395 Matilda Lewis

396 Eliza Jane Lewis

397 Alfred Lewis

398 O A Crawford

399 Martha Crawford

400 Hannah Crawford

401 John Jones

402 Mary Jane Jones

403 Anna Jones

404 George Jones

405 Wm Robinson

406 Wm Robinson

407 Ellen Robinson

408 Maggie Robinson

409 Mary Ann Robinson

410 Adam Altimas

411 Sarah Altimas

412 Charlott Altimas

413 Margaret Altimas

414 James Altimas

415 David Altimas

 

[Page 29]

 

416 John Summers

417 Ruth Ann Summers

418 H H Crawford

419 Helen Crawford

420 Eliza J Crawford

421 H A Holland

422 Geo S Hoad

423 George R Hall

424 Isaac Wyckoff

425 Mary Wyckoff

426 Adda Wyckoff

427 John W Ankrona

428 Cordie A Ankrona

429 John F Ankrona

430 Robert Cummings

431 Ella Cummings

432 Georg W Cummings

433 Harry R Brown

434 Sarah E Brown

435 Jennie Brown

436 William [X] Brown

437 Albert J Brown

438 Kate S Brown

439 Edward Brown

440 Matilda N Brown

441 Henry Smith

442 Elner J Smith

443 David S Moore

444 Henry Moore

 

[Page 30]

 

445 Eveline Moore

446 Elizabeth J Moore

447 Thomas Head

448 Esther D Head

449 William S Head

450 E W Walker

451 John A Flora

452 Kate J Flora

453 Daniel R B Flora

454 Nancy E Flora

455 William Flora

456 Herbert Flora

457 John M Young

458 Samuel S Young

459 John W Huston

460 Alice W Huston

461 Nanny F Huston

462 Hught Huston

463 Ruth A Huston

464 Minnie Huston

465 H Conrad

466 Hannah C Conrad

467 Martha M Conrad

468 C F McVannan

469 Geo4rge Huston

470 Dora C Huston

471 Wm Huston

472 H W Conrad

473 Franklin Buck

 

[Page 31]

 

474 Amanda H Buck

475 John J Buck

476 Fredrick Buck

477 F R [XXXXXX]

478 Syntha Birden

479 R L Walker

480 Rosa A Walker

481 John W Walker

482 Robert Walker

483 E C Kimball

484 Nancy J Kimball

489 Filla Harvey

490 Wm S Harvey

491 C C Miller

492 Ellen J Miller

493 Dyer Smith

494 Amelia T Smith

495 John W Smith

496 W T Bowles

497 Kate A Bowles

498 Wm H Bowles

499 Samuel C Bitner

500 Jane Bitner

501 Matilda Bitner

502 George T Bitner

 

[Page 32]

 

503 Charles [XXXXXX]

504 B F Cornelias

505 Lucinda Cornelias

506 Josephine M Cornelias

507 Timothy T Cornelias

508 Frank T Shaw

509 Hiram Y Shaw

510 John J Shaw

511 Susan E Shaw

512 Minnie Ann Spencer

513 Georg W Spencer

514 Theodore Spencer

515 John W Asdel

516 Mary J Asdel

517 Lydia A Asdel

518 J H Bennett

517 Nancy J Bennett

518 J H Bennett

519 Martha M Bennett

520 Nancy J Bennett

521 Willie W Bennett

522 David Y Bennett

523 Wm Spencer

524 Augusta Spencer

525 Christian Fulk

526 R W Bennett

527 Levi Mann

528 Wm Mann

529 Harvey Mann

530 Mary Mann

 

[Page 33]

 

531 Sarah J Mann

532 Augustus Mann

533 C A Dunlop

534 W T Dunlop

535 Benjamin Head

536 Hannah Head

537 Harriet Head

538 William B Head

539 Florence Head

540 Samuel Head

541 Morgan Dewey

542 Nanny [X] Dewey

543 Mary O Dewey

544 Frank Dewey

545 Riley Marsh

546 Harry H Marsh

547 David S Mansh

548 John F Mansh

549 James H Mansh

550 Abigal A Mansh

551 John W Lafferty

552 Susan S Lafferty

553 Wm H Lafferty

554 Morgan Lafferty

555 E L Walker

556 Mary E Walker

557 Annie Walker

558 A O Walker

559 H A Betherman

 

[Page 34]

 

560 Nicholas Bethurman

561 Samuel Goodlander

562 Henry Goodlander

563 Samuel Carpenter

564 Naut Carpenter

565 Georg W Carpenter

566 Silas O Carpenter

567 James McCormick

568 John MoCormick

569 E D B Porter

570 Mary Ann Porter

571 Thomas O’Neely

572 Patruck Murphy

573 Matta Murphy

574 Henry [X] Knowles

575 Wm T Truby

576 Maggie Truby

577 [XXXXXX] Zimmerman

578 Harriet Zimmerman

579 Samuel D Wolf

580 Hattie Wolf

581 Martha Wilson

582 Matilda Wilson

583 Wm Hunter

584 Maggie Hunter

585 Elizabeth Hunter

586 Henry Heverly

587 Martha Heverly

588 John Heverly

 

[Page 35]

 

589  Albert Heverly

590 Henry Baney

591 Maggie Baney

592 Elisabeth Baney

593 Wm Baney

594 Henry Harris

595 John Harris

596 Mary Harris

597 Wm W Brown

598 Fanny Brown

599 Nettie Brown

600 John McTaggart

601 John Holland

602

604

605

606

607

608

609

610

611

612

613

614

615

616

617

618

 

[Page 36]

 

Joseph McCormick Timothy [XXXXX] and Daniel McTaggart

 

[Page 37]

 

Number if inhabitants to organize[ng] the said county of Montgomery under the provision of an ‘act defining the boundaries of certain counties” around March 2n AD 1868 and of an act relating to the organizing of new counties “ approved June 1st 1861.

These [XXXXXX] further say that a fair just and impartial census was taken in the said county of Montgomery in the 26th 27th & 28th days of May A D 1869 and had the names specified in the foregoing list are bona fide residents of said county of Montgomery in said State of Kansas.

These [XXXXXX] further say that said county of Montgomery contains a population of six hundred inhabitants excluding Indians not taxed and who are bona fide residents of said county of [XXXXXXX] [XXXXXX] and citizens of the United States.

Joseph McCormick P M

Timothy Billings

Daniel McTaggart

[XXXXXX] and sworn to before me this 29th day of May AD 1869

W S MacFeaters

in and for Bourbon Co Kansas

 

[Page 38]

 

County Clerks office

Liberty Montgomery county Kansas

Be it remembered that on Fiday the 6th day of May 1870 A meeting of the board of Special County Commissioners of Said County held at the office of the Clerk of Said county for the purpose of canvassing the votes cast at an election held in said county on Tuesday the 3rd day of may 1870 for the purpose of electing county officers for said county.  Present H C Crawford charrman H A [XXXXXX] and E C Kimball clerk the following proceedings were had   The board of commissioners met at the office of the county clerk on Said 6th of May 1870 at 10 ock AM and proceeded to canvass the votes of the Several returns which had been made to that office And it appearing to Said board upon the examination of Said election the following number of votes were cast for the following named persons for Several officers Specified

Co Commissuners                                          No of votes

T [X] [XXXXXXX]                                       429

Thomas Brock                                                350

W W Graham                                                  354

 

[Page 39]

 

Thomas Harrison                                            256

John Kappell                                                   262

S B [XXXXXXXX]                                       247

P Judge

[X] M [XXXXXXX]                                      409

L C Judean                                                      266

Co Clerk

John A Helphingstine                                     490

Ele Kimball                                                     2181

Co Treasurer

A [X] Busby                                                   670

Clerk Dis Court

A A Willis                                                       461

G Synder                                                         209

Brewer                                                            1

Co Atty

C H Wickoff                                                   665

Corroner

[X] C Price                                                      6,50

Saml Staley                                                     11

Register Deeds

John Russel                                                     665

Sheriff

N F Howard                                                    282

Wm Bovier                                                     329

Chenowerth                                                    68

Co Surveyor

Edwin Foster                                                   448

G L Scott                                                        224

[XXXX] Cass                                                 1

 

[Page 40]

 

S. Public Instruction

E [X] Greybill                                                 396

A H Mccermie                                                             280

And it was determined by Said board of [XXXXXXX] that T [X] [XXXXXXX] Thomas Brock and W W Graham were the persons who received the highest number of votes for county commissioners that W Mernhinney Thomas Brock a W W Graham are duly elected county commissioners by Said county  And it was determined by Said board of commissioners that T M Scudder at election received the highest number of votes for Probate Judge of Said county and the Said T M [XXXXXX] was accordingly declared Probate Judge of Said County And it was determined by Said board that John Helpbingertine had received the highest number of votes for the office of county clerk at Sais election in Said county And it was determined by Said board that John A Helphingstine was duly elected county Clerk of Said county And it was determined by Said board that A T Busby had received the highest number od votes for county treasurerof Said county

 

[Page 41]

 

And it was determined by Said board that A T Busby was duly elected county Treesurer of Said county And it wsas determined that A A Hillis had received the highest number of votes for the  office of Clerk of the Dist Court for Said county And it was determined by Said board that A illis was duly elected to the office Dist Clerk for Said county And it was determined by Said board that C H Wyckeff had received the highest number of votes for the office of County terney for Said county And C H Wyckeff was declared elected to the office of county Atterney for Said county And it was determined by Said board that J C Price had received the highest number of votes for the office of Correner of Said County And it was determined that John Russel had received the highest number of votes for the office of Register of Deeds for Said county And it was determined by Said board that Wm Bevies had received the highest number of votes for the office of Sheriff of Said county And Wm Bavis was duly elected to the office of Sheriff of Said county

 

[Page 42]

 

State of Kansas

County of Montgomy  SS

I E C Kimball County clerk of montgemey county Kansas do hereby certify the foregoing is a true and exact coppy [XX] the proceedings [XX] beard [XX] County Cemmissioners who met May 6 / 1870 and cannassed the votes cast at the election of May 3d 1870 and is now on file in my office

In testimony I have hereunto Set my hand and affixed the Seal of Said County

[Seal]     E C Kimball

               Clerk Montgemry county Kensas

No Seal yet furnished by [XXXXXXX]

 

[Page 43]

 

And it was determined by Said beerd that Edwin Foster had fr4eceived the highest number of votes for the office of Surveyor of Said county  And it was declared [XX] Said beard that Edwin Foster was duly elected to the office of Surveyor of Said county And it was determined by Said beard that E D Graybill had received the highest number of votes for Superintendent of Public instruction of Said county And it was declared by Said beard that E D Greybill was duly elected to the office of county Superintendent of Said county In writings whereof we have hereunto Subscribed our [Hand] names this 6 day of May 1870 and caused the foregoing record to be attested by the county clerk of Said county

Attest E C Kimball

H C [XXXXXXXXX] Chairman

H A Bethurem

[XXXXX] ly Cruffured V [XXXX] Bethirem [XX] [XXXXX] [XXXX] [Die] [XXXXXX]

H C Cranford chrm

E C Kimball Clerk

Over

 

[Page 44]

 

State of Kansas

Montgomery County ss

I John A. Helphingstine County Clerk in and for the County and State aforesaid do certify That at a General Election held in the county of Montgomery State of Kansas on the 8th day of November A.D. 1870 as prescribed by law there were Fourteen Hundred and Thirty Seven (1437) votes cast for the permanent location of the County Seat in said county. That the Town of Independence had Eight Hundred and Thirty Nine (839) vote Liberty had Five Hundred and Sixty (560) votes Radical City had Five (5) votes Julian Had Three (3) votes Verdigris City had one (1) vote Parker had (17) Seventeen votes [XXXXXX] had Eleven (11) votes and Elk City had one (1) votes. Independence having a majority of Two Hundred and Forty one (241) votes over all the rest of the Towns in the county as canvassed by the Board of canvassers in said county was declared duly Elected the county Seat of said county-

In testimony whereof I hereunto set may hand and the seal of said ounty at my office in Independence this 18th Day of November A. D. 1870-

John A. [XXXXXXXXX]

County Clerk of Montgomery Co Kansas

 

[Page 45]

 

Montgomery County Clerk’s Certificate as to the Permanent location of the County Seat at Independence at the General Election held Nov-8-1870 –

[Page 46]

 

Commissioners had had a fair chance in the contest before the Probate Judge of Wilson Co. their election would have been sustained.  Although the election of the county officers was declared void it seems to us as clearly a case of appointment by the [XXXXX] as if a vacancy existed in one office by reason of a contest with reference to such office and as if the election had occurred in a county which had been organized for a [XXXX] of years – See Stat. P. 294 [X] Specification 7 – Stat. P. 418, [X] 57.

As Chairman of the Board of Special Commissioners appointed to organize the County it seems proper that I should take such action as may be necessary to perfect the organization.  If your Excellency shall be like ourselves of the opinion that the offices shall be filled by appointment, we would respectfully suggest the following appointments, viz:

For County Commissioners H. C, Crawford

 

[Page 47]

 

H. A. Bethuram and John Fleming; for probate Judge John Sander; for Sheriff, Daniel Bruner; for Coroner E. K. Kountz; for Surveyor E. Foster.

If your Excellency should be of opinion that some other course than filling the vacancies by appointment should be adopted we shall be grateful for official advice as to the proper method of procedure.

I have neglected to state as another evidence that the county is an organized the fact that it is represented in the present Legislature by [X] Adams who was elected at the election held by the Special Commissioners.

Your early attention to the matters herein referred to will greatly oblige

Yours very truly

H C [XXXXXXXXX]

Chairman of the Board of [XXXXXXXX]

 

[Page 48]

To the Hon. James M. Harvey Governor of the State of Kansas:

Sir:

Your petitioners citizen and Electors of Montgomery County Kansas, respectfully represent that your Excellency has heretofore appointed Henry SA Berthmen [X] l. Walker & H. C. Crawford as Commissioners and E. C. Kimble as County Clerk of Montgomery County for the purposes of organizing said County under the provision of Chapter 24 of the General Statutes of Kansas “An act relating to the organization of new Counties.” Say that said Commissioners proceeded to organize and District said County in Townships were so constructed that large body of the legal voters of said County were practically disfranchised. That the [XXXXXX] River which at the time of holding elections is generally impassable ran directly through the three Townships so that should the river happen to be high it would be impossible for the voters to cross to the voting place. That the Townships were 9 miles broad by 24 miles long and that some of the voting places it would be necessary for a large number of the voters to travel from ten to twenty miles to vote.

Further say that said Commissioners failed to give the notice of election as required by said act, but authorized or caused one Geo. J. Hoag as Special Sheriff to give the notice of said election to take place on the 2d of November. That said notice was not given until the 9th of October and only gave 22 days notice. That it failed to state where the polling places would be held as required by law.

 

[Page 49]

 

Further say that at said election large numbers of the voters failed to exercise their franchise, because of the inconvenience of said townships and from want of notice.

Say that afternoon the election for County seat, and the officers declared elected were [XXXXXX] on the grounds of fraud and corruption on the part of said Commissioners – for want of notice – and for fraud and corruption of the part of the judges of election. Say that in the canvass of the vote said commissioners closed the doors and refused to admit any spectators: that they corruptly threw out and refused to count the votes of one of the three townships.  That the officers declared elected by said Commissioners did not receive a majority of the voters cast as said, and that the place declared by them the /County seat did not receive a majority of the votes cast.

Further say that on the trial of said contest of election the Court declared said Election null and void for want of notice, and for fraud and corruption on the part of the Commissioners and for fraud and corruption on the part of said County Clerk in refusing to permit citizens to inspect the records of said election, and in refusing to file a notice of the contest thereof. A copy of which judge [XXXX] is herewith furnishes.

Wherefore your petitioners say that [XXXXXXX] us said officers have failed to do their duty as [XXXXXX] by law, and to faithfully execute the trust reposed in them by your Excellency, they are unfit to hold

 

[Page 50]

 

said positions and there is great danger that should they call another election the will of the people will be [XXXXXX] by them, and by reason of the inconvenience of the polling Districts erected by them.

Wherefore petitions ask for the removal of said Commissioners and said Clerk and respectfully suggest a recommend the appointment of [J. P. [XXXX]]H W Martin & W H Graham to the office of Commissioners and J C Woodrow to the office of clerk of said County with power to proceed to organize the same, fully believing that the gentlemen above recommended will faithfully perform their duties as such officers from their known honesty and ability

Names

Geo A Brown

[X] Gastinan

John Fonst

Curtis Rambo

G Whitfield

W E Smith

J C [XXXXXX]

Geo. W. Paul

D B Brown

[XXXXXX] [XXXXXXX]

W. P. Brown

A. [X] Williams

A. S Brooks

Wesley Allen

Names

[X] D Irwin

J. E. Sloan

Peter Demott

J N Wyrick

L T Ferguson

J G Parkhurst

C W Wise

[X] [X] Paul

O T Gamble

J E Grant

Owen Parkhurst

Alex More

J S [XXXXX]

Frank B [XXXX] Owen

 

[Page 51]

 

N M Hickey

[X] F White

Dennis Williams

E. B. Bunker

Adam Camp

M Reed

S S Wood

Henry Myers

Frank Coventry

James Cullyford

Homer Slask

Frederic Shelf

John H [XXXXX]

W H Allison

James Z. Grahan

C. W. Rambo

Samuel Staley

T A Hay

W W Wood

Adom Hihart

G J Da Lee

Horace McNeil

E H Sawyer

[X] B Sawyer

George Smith

William H Smith

Wm [X] Stannwood

R. R. Marshall

Chas Coventry

C W [XXXXXX]

E. E. Coventry

William Debo

Elijah Parkhurst

R E P andie

Wm Mckowen

Oliver Monroe

Jacob Sicks

M C ginis

Charles Fetterly

Geo Foryman

M A French

Samuel Logan

J C Long

T B Jennings

 

[Page 52]

 

Fort Scott Kansas May 29th 1869

J M Harvey

Dr Sir

The Gentlemen that took a sensus of Montgomery County wish me to say to you that they did not take all in the County but just enough to fill the law

Please send the commissions to me at Fort Scott Kansas

Truly Yours

W S McTeaters

 

[Page 53]

 

State of Kansas vs Montgomery County

In Probate Court of Wilson County Kansas in which the said County of Montgomery is attached for Judicial purposes

D. T. Ferguson Contestant

Vs

Daniel Bruner

Thomas J Mechiney

N. S. Allen

G. S. Ganebt

J Milo Nosler

Edwin Foster

Goodell Foster

Z. R. Overman

Ezekiel R. Kuntz

Sidney Allen and

John A Helpenstine   Contestees

Statement

I D. F. Ferguson, being an elector of Montgomery County in the State of Kansas do hereby stat e my intention to contest the election of Daniel Bruner to the office of Sheriff of said County, Thomas J. Mewhiney, W. S. Allen and G. S. Garnett to the offices of County Commissioners of said County: of J Milo Noster to the office of County Clerk of said County: of Edwin Foster to the office of County Surveyor of said County: of Goodell Foster

 

[Page 54]

 

to the office of County Attorney of said County: of Z. K. Overman to the office of District Clerk of said County: of Ezekiel R. Kuntz to the office of Probate Judge of said County: of Sidney Allen to the office of Coroner of said County: and of John A, Helpenstine to the office of Superintendent of Public Instruction of said County, heretofore to wit: On the 5th day of November 1869 fraudulently and illegally declared duly elected to the said offices respectively by Walker Crawford and Bethurmen County Commissioners of said County of Montgomery while pretending to sit as a board of Canvassers to ascertain “general election”  held in  said County of Montgomery on the second day of November 1869: and for cause of said contest set forth and over the [XXXXXXX] of the following reasons to wit”

1st That there was mal conduct, fraud and corruption on the part of the Board of Crawford in canvassing the votes Cast at said election –

 

[Page 55]

 

2nd That there were illegal votes received at the polls at said Election sufficient to change the result of the same

3rd That there was mal conduct fraud and corruption on the part of the Board of Judges of said election in the Township of Verdignes in said County

4th That one or more of the members of said last mentioned Board were not legal electors of said Township of Verdignes.

5th That the following named persons voted illegally at said election and in favor of sais contestees: viz; Joseph M [XXXXX]; Billings first name unknown, Lee (first name unknown Bennett-(first name unknown) Jennie Bishop, M. Burghart J H Bagge, w C Carpenter B T [XXXXX] F Deutch, S E [XXXXX]; Wm Rutherford, Rutherford (first name unknown) M King M. J. Brewer, F Laverdy, M A. Buckler Charles Kesler; C Kelley, and C. [XXXXXX] and that said illegal votes were sufficient to change the result of said election

 

[Page 56]

 

6” That the Board of Canvassers [XXXXXX] and corruptly refused to canvass or count the votes East in Drum Creek Township in said County at said election.

7” The said Contester further [XXXX] that a large majority of said votes at said Electio n in said Drum Creek Township were cast in favor of S. B. Morehouse for Sheriff; H. W. Martin and D Lovett and W. W. Gtrahm for County Commissioners: L. T. Stepheson for County-Clerk: George A. Brown for County Surveyor C M. Ralstin For County Attorney: E. P. Synder for District-Clerk: M. L. Ashmore for Probate Judge: C. F. Bogale for County-Coroner: and of H C. Porter for County [XXXXXXX] of Public Instruction: which said legal votes if canvassed

 

[Page 57]

 

And which said illegal votes had there not been canvassed would have changed the results of Said Election

8th That there were other errors, mistakes, frauds and corruptions on the part of the Board of Canvassers of Such Election in [XXXXXX] the votes cast t Said Election and in declaring the result of said election was affected and charges of said errors and frauds,

9th That the votes cast at said election were canvassed uin a building other than the office of the County Clerk of said County of Montgomery,

10th That the said Board of Canvassers refused to admit the alleged defeated Candidates into the room where said

 

[Page 58]

 

votes were being counted and while the same were being counted

D F Ferguson

By Ralshir, Miller Chase his Attorys

D F Ferguson being duly sworn

On his oath says that the different Causes of content set forth in the above and foregoing statement are true as he verily believe -

D T Ferguson

Sworn to and subscribed before me this the [XXXX] day of November 1869.

Melvin Mickel

Probate Judge

I hereby certify that the foregoing Statement is a correct copy of t Original now on file in my office

Given under my hand and the seal of my office this 7th day if Jan 1870

Joseph Robbins Co. Clk

per J. L. Russell Dept Co Clk

 

[Page 59]

 

The State of Kansas

County of Montgomery

To J M Harvey

Governor of the State Kansas

Your petitioners would respectfully represent to Your excellency that they are Citizens of the United States and freeholders and bone fide residents of the County of Montgomery in the State of Kansas

Your petitioners would further represent that the said County of Montgomery Contains over seven hundred inhabitance excluding Indians not taxed and that the seven hundred inhabance as aforesaid are bona fide residents of the said County of Montgomery and Citizens of the United States [respectfully]  Your petitioners would further respectfully state that they are desirous of organizing the said unorganized County of Montgomery as a aforesaid under and by virtue of an act relating to the organization of new Counties approved June 4th A D 1861 Your petitioners would therefore respectfully request Your excellency to appoint Harvey A Bathurm [XXX] L. Walker and H C Crawford

 

[Page 60]

 

Who are citizens of the United States and who are bona Fide residents of the said County of Montgomery as special County Commissioners as aforesaid; And E C Kimball who is a Citizen of the United States and a bona fide  resident of the Said County of Montgomery to act as special Clerk for the said County of Montgomery aforesaid and that the Town known as Verdignes City is Centrally located in the said County of Montgomery be declared the temporary County seat of County of Montgomery and Your petitioners will ever pray [XX]

Names

John Young

John A. Flora

Danl R B Flora

John Hoston

Hugh Huston

N Conrad

F McVannan

George Huston

H W Conrad

Franklin Buck

F R Burden

R. L. Walker

E C Kimball

E W Watton

Names

Charles Keesley

B. F [XXXXXX]

[X] W Shaw

William Spence

John W Asdel

J H Bennett

Christian Fulk

[X] W Bennett

Levi Mann

[XXXXXXX] Head

Morgan Dewey

Riley Marsh

John [X] Lafferty

E L Hacker

H A Bethuram

 

[Page 61]

 

Names

Geo [X] Hoag

Geo. R. Hall

Isaac Wyckoff

John W [XXXXX]

Names

John T. Allen

H. A. Holland

Daniel McTaggart

Timothy Billings

Thomas Head

Item Description

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