William G. Cutler's History of the State of Kansas


[TOC] [part 8] [part 6] [Cutler's History]


The Sixteenth Annual Session of the Legislature, Governor, Thomas A. Osborn; Melville J. Salter, President of the Senate; Dudley C. Haskell, Speaker of the House, met January 11, adjourned March 4.

Among the acts of the Legislature was a legislative apportionment bill increasing the number of Senators from thirty-three to forty; and providing for 123 members of the House, making the limitation 125. The changes in representation were about as follows: Atchison, Wyandotte, Miami, Bourbon, Cherokee, Labette, Montgomery, Wilson, Coffey, Jackson, Brown, Marshall, Riley, Greenwood, Cowley, Sedgwick, Chautauqua, Cloud, Washington, Republic and Jewell, each had an increase of one member of the House; Jefferson lost one; Leavenworth lost a Senator. The counties of Barber, Edwards, Kingman, Rooks and Rush electing Representatives in 1876, were not districted.

An appropriation of $8,625 was made for a second condensed edition of 25,000 copies of the fourth annual report of the State Board of Agriculture, which was to consist of 280 pages of the "Industries by Counties" of said report, which edition was at the disposal of the State Board of Centennial managers. An act to enlarge and further define the duties of this Board, and to provide for defraying the expenses of a Kansas exposition at Philadelphia was passed, for which an appropriation of $25,000 was made, and the board was "authorized to erect a Kansas State Exposition building in Fairmount Park, Philadelphia, at a cost not exceeding $10,000. There was a revision of the Assessment and Taxation Laws, of the School Laws, and legislation giving school districts, townships, cities and counties power to fund their indebtedness; in regard to the organization of counties, it was provided that there must be at least 250 householders, and an affidavit of at least three freeholders of the county seeking organization, who had been residents six months prior to the taking of the census, that they believe the county to contain 1,500 inhabitants. It was provided that County Commissioners should give bonds for the faithful performance of the duties of their office in a penal sum of not less than one-fifth of one per cent of the total value of taxable property upon the taxrolls of his county, for the year prior to the date of his taking office, the bond not to exceed $5,000.

Constitutional Amendments. - A proposition was submitted, reading as follows:

No money shall be drawn from the treasury except in pursuance of a specific appropriation by law, and no appropriation shall be for a longer term than two years.

A proposition was submitted that County Commissioners should hold their office for three years - one being elected in District No. 1, of a county in 1877, for one year; in District 2, for two years; in District No. 3, for three years.

Congress was memorialized to secure the passage of a law directing the Secretary of the Interior to appoint another commissioner to appraise the Osage lands which had been patented to James F. Joy, representing the L. L. & G. and the M. K. & Texas Railroad Companies, so that the former settlers on the same can be protected in their rights; to secure from the General Government permission for any company to build or construct dykes to protect the river banks from being cut away from Belmont, Kan., to Elwood, Kan.; to re-survey the line between the States of Missouri and Kansas, from its intersection with the Missouri River, south; to pass an act ceding and donating the Fort Harker Military Reservation, situated in Ellsworth County, containing 10,240 acres, to the State of Kansas for educational purposes.

Conventions and Candidates. - The Prohibitionists were early in the field, resolving that they would support the nominees of the National Prohibition Convention held at Cleveland May 17, and that they were in favor of "the legal prohibition of the manufacture, importation and sale as a beverage of all intoxicating liquors." John Paulson was their nominee for Governor; William Fairchild, for Lieutenant Governor; William Crosby, for Secretary of State; P. I. Bonebrake, for Auditor; W. S. Hendrick, for Treasurer; A. M. F. Randolph, for Attorney General; Cyrus W. Harvey, for Superintendent of Public Instruction. They polled 110 votes on the Presidential ticket; their vote on Governor was 393.

The National Greenback Labor Party put in nomination a full State ticket. They supported, M. E. Hudson for Governor; John A. Beal for Lieutenant Governor; W. M. Allison for Secretary of State; H. E. Sheldon for Auditor; Amos McLouth for Treasurer; D. B. Hadley for Attorney General; H. G. Reynolds for Associate Justice of the Supreme Court; Thomas Bartlett for Superintendent of Public Instruction.

A Democratic State Convention met May 18, and, as a part of their platform declared an opposition to all banks of issue, whether chartered by Congress or the State Legislature, and desired that banking on the part of corporations or private individuals should be confined, by law, exclusively to exchange, discount and deposit; demanded that the national bank notes be withdrawn from circulation and in lieu thereof, the paper of the Government of the United States be substituted; declared that, as Congress had the sole power to coin money and regulate the value thereof, it should also have the sole power to provide a paper currency for the people, and that such paper currency should be made a legal tender in the payment of debts, public and private, and that the same be received on all demands on the Government, including duties on imports. As delegates to the National Convention, they selected the following-names persons: Wilson Shannon, Isaac E. Eaton, Charles W. Blair, Joseph W. Taylor, S. N. Palmer, Joseph G. Lowe, M. V. B. Bennett, George W. Burchard, T. L. Davis and Samuel Donaldson. The alternates were: L. M. Goddard, J. W. Powers, Frank Sanford, E. Strosnider, C. G. Cox, R. B. Morris, E. L. Bartlett, Peter Rager, T. W. Peacock and W. E. Timmons.

The Democratic State convention was held August 23. John Martin was nominated for Governor; S. N. Palmer for Secretary of State; W. L. McConnell for Attorney General; James Humphrey for Associate Justice of the Supreme Court; for the other places on the State ticket, the Greenback candidates were adopted. The candidates for Presidential Electors were Henry Clay Park, G. H. English, George A. Reynolds, Edmund G. Ross and Gustave Schaubel.

At the State Convention, held Mary 24, for the purpose of selecting delegates to the Cincinnati Convention, delegates were chosen as follows: A. J. Banta, Cyrus Leland, Jr., D. P. Lowe, F. M. Shaw, A. L. Redden, O. H. Sheldon, Albert H. Horton, William Martindale, T. C. Sears and T. Dwight Thacher. The alternates were H. D. Baker, George W. Shriner, John T. Lanter, E. A. Wasser, James Burgess, Charles L. Hubbs, George W. Higginbotham, R. P. W. Muse, R. B. Taylor and John K. Wright. At the convention held to nominate a State ticket, August 16, George T. Anthony was nominated on the seventh ballot for Governor; Melville J. Salter, for Lieutenant Governor; Thomas H. Cavanaugh, for Secretary of State; P. I. Bonebrake, for Auditor; John Francis, for Treasurer; William Davis, for Attorney General; Allen B. Lemmon, for Superintendent of Public Instruction; David J. Brewer, for Associate Justice of the Supreme Court. Thomas Hughes, J. B. Johnson, W. A. Johnson, R. W. P. Muse and Walter L. Simons were the candidates on the Hayes and Wheeler electoral ticket.

Result of the Election. - The highest vote on the Hayes ticket was 78,354; on the Tilden ticket, 37,902; on the Cooper ticket, 6,876; on the Smith ticket, 110. For Governor, Anthony had 69,173 votes; Martin, 46,204; Hudson, 6,020; Paulson, 393; scattering, 37. For Congressmen, in the First District William A. Phillips was elected, having 29,352 votes; Dudley C. Haskell, in the Second, having 22,088; Thomas Ryan in the Third, having 25,171. The united Republican vote for Congress was 76,611. Of the Legislature elected, in the Senate, Angell Mathewson, of Labette, and A. J. Pyburn, of Cowley, were Democrats; Charles Robinson, of Douglas, was a National; the other thirty-seven Senators were Republicans. In the House, in addition to the 123 Representatives chosen by districts, H. S. Cochran, of Barber, Taylor Flick, of Edwards, Samuel S. Boggs, of Rooks, and William P. Tomlinson, of Rush, were admitted by the House. They were classified politically as follows: Republicans, 110; Democrats, 14; National Greenbackers, 3; total, 127.

Hon. D. W. Wilder, Auditor of State, resigned his office in September, 1876, and P. I. Bonebrake was appointed by Gov. Osborn as his successor. Auditor Bonebrake and Treasurer Francis were respectively elected to fill the unexpired terms of Auditor Wilder and Treasurer Lappin. District Judges were elected in the First, Second, Third, Fourth, Fifth, Twelfth, Thirteenth, Fourteenth and Fifteenth Judicial Districts. Chief Justice Kingman having resigned in December, 1876, Albert H. Horton, Senator-elect from Atchison County, was appointed as his successor by Gov. Osborn. Warren W. Guthrie was elected at a special election held January 12, 1877, as successor to Mr. Horton.

The constitutional amendments were adopted by a nearly unanimous vote, the vote cast on the same exceeding 95,000 votes.

The Electoral College. - The Electors met at the office of the Secretary of State, at 12 M., December 6, and were sworn in by Chief Justice Kingman. R. W. P. Muse was elected President, Thomas Hughes, Secretary of the college. The vote was unanimously cast for Hayes, for President, for Wheeler, for Vice President, and their action was duly signed, sealed and delivered; one copy to the Judge of the United States District Court; one copy mailed to the President of the United States Senate; one copy delivered to the messenger-elect to take the returns to Washington. John B. Johnson was selected as the messenger.


The First Biennial Session of the State Legislature, George T. Anthony, Governor, convened on January 9, and adjourned March 7. Melville J. Salter was President of the Senate; Peter P. Elder, Speaker of the House, was elected on the fifth ballot: George W. Hogeboom, Speaker, pro tem. Speaker Elder presided over the House, January 9 and 10, and was thereafter prevented from so doing on account of bodily sickness. On the 6th of February, the House was in possession of the following communication:

OTTAWA, KANSAS, February 2, 1877


Gentlemen: I see no probability of being able to resume my duties as presiding officer within any reasonable length of time; therefore, acknowledging the lively interest manifested by the members in my said affliction, I deem it just for me to tender the House my resignation.



The House accepted Speaker Elder's resignation, and on February 7 elected Samuel N. Wood, Speaker, who served during the remained of the session. A joint convention of the two Houses was held January 11 for the purpose of hearing Gov. Anthony read his annual message.

Representative Mohler offered a protest against this procedure, which was spread upon the journal, and which read as follows:

We Protest against the passage of the resolution for a joint convention to hear the Governor read his message -

First, Because it is not authorized by the constitution.

Second, Because such a gathering does not constitute the Legislature of the State of Kansas.

Third, Because it is a departure from precedent, for which no reason has been given, except that given by the mover of the resolution. (This was Senator D. W. Finney).

This was signed by Messrs. Biddle, of Linn, Bohrer, of Rice, Ellison and Humes, of Washington, Hamilton, of Norton, Hewins, of Chautauqua, Humphrey, of Montgomery, Gabriel, of Labette, Geffs, of Bourbon, Gilkeson, of Ellis, Lozier, of Phillips, Palmer, of Jewell, Smith, of Smith, Stillings and Wheat, of Leavenworth.

George W. Martin, who, on the third ballot, was elected State Printer, January 21, 1873, again elected January 19, 1875, was for the third time elected January 16, 1877.

The balloting in each body commenced Tuesday, January 23, and the contest in joint convention ended only with the month; twenty-two different persons having been voted for, though there were not half as many candidates. In fact, the only candidates having expectations were Preston B. Plumb, ex-Congressman David P. Lowe, ex-Gov. Thomas C. Osborn, Senator Harvey, Walter L. Simons and Theodore C. Sears. Senator Harvey was withdrawn on the 30th, and the friends of Judge Lowe expected a triumph for him on the final ballot. The history of the ballots from day to day is below recorded:

DATE.                          Plumb.   Lowe.    Osburn   Simons   Harvey
          {Senate............     7       1         6        6        6
Jan. 23.  {House.............    17                17       17       20
          {    Total.........    24       1        23       23       26  
          {1st  Joint Ballot.    25       1        26       24       27
Jan. 24.  {2nd  Joint Ballot.    25                26       25       27

          {3rd  Joint Ballot.    30                36       26       23
Jan. 25.  {4th  Joint Ballot.    31                36       28       22

          {5th  Joint Ballot.    33                36       26       22 
Jan. 26.  {6th  Joint Ballot.    32                36       27       23

          {7th  Joint Ballot.    34                36       27       22
Jan. 27.  {8th  Joint Ballot.    34                35       27       22 
          {9th  Joint Ballot.    34                35       28       22 

          {10th Joint Ballot.    32                44       25       23 
Jan. 29   {11th Joint Ballot.    32                44       25       23 
          {12th Joint Ballot.    32                44       25       23   

          {13th Joint Ballot.    49                43       31
Jan. 30.  {14th Joint Ballot.    53                43       32
          {15th Joint Ballot.    57                41       29

Jan. 31.  {16th Joint Ballot.    89      63

================================================================== DATE. Sears Martin Stillings Blair ================================================================== {Senate............ 4 2 2 Jan. 23. {House............. 12 13 5 { Total......... 16 15 7 {1st Joint Ballot. 20 14 12 2 Jan. 24. {2nd Joint Ballot. 22 13 12 3 {3rd Joint Ballot. 23 15 7 Jan. 25. {4th Joint Ballot. 23 15 7 {5th Joint Ballot. 25 1 5 Jan. 26. {6th Joint Ballot. 25 1 4 {7th Joint Ballot. 24 13 4 Jan. 27. {8th Joint Ballot. 25 12 4 {9th Joint Ballot. 25 12 4 {10th Joint Ballot. 23 8 3 Jan. 29 {11th Joint Ballot. 23 7 2 {12th Joint Ballot. 25 7 3 {13th Joint Ballot. 28 9 Jan. 30. {14th Joint Ballot. 26 9 {15th Joint Ballot. 27 8 Jan. 31. {16th Joint Ballot. 8 ===============================================================Cont.

==================================================================== DATE. Simpson St. John Phillips Root ==================================================================== {Senate............ 1 3 1 Jan. 23. {House............. 9 3 4 3 { Total......... 10 6 5 3 {1st Joint Ballot. 9 4 Jan. 24. {2nd Joint Ballot. 4 {3rd Joint Ballot. Jan. 25. {4th Joint Ballot. {5th Joint Ballot. 12 Jan. 26. {6th Joint Ballot. 12 {7th Joint Ballot. 1 Jan. 27. {8th Joint Ballot. 1 {9th Joint Ballot. {10th Joint Ballot. 1 Jan. 29 {11th Joint Ballot. {12th Joint Ballot. {13th Joint Ballot. Jan. 30. {14th Joint Ballot. {15th Joint Ballot. Jan. 31. {16th Joint Ballot. =================================================================Cont.

=================================================================== DATE. Elder Fenlon Shannon Crawford =================================================================== {Senate............ 1 Jan. 23. {House............. { Total......... 1 {1st Joint Ballot. 1 Jan. 24. {2nd Joint Ballot. {3rd Joint Ballot. 4 1 Jan. 25. {4th Joint Ballot. 3 1 {5th Joint Ballot. 4 Jan. 26. {6th Joint Ballot. 4 {7th Joint Ballot. 1 Jan. 27. {8th Joint Ballot. 1 {9th Joint Ballot. 2 {10th Joint Ballot. 1 2 Jan. 29 {11th Joint Ballot. 1 1 2 {12th Joint Ballot. 1 2 {13th Joint Ballot. 1 Jan. 30. {14th Joint Ballot. 1 {15th Joint Ballot. 1 Jan. 31. {16th Joint Ballot. 1 2 ==================================================================Cont.

===================================================================== DATE. Pomeroy Robinson Eaton Tucker ===================================================================== {Senate............ Jan. 23. {House............. 1 1 { Total......... 1 1 {1st Joint Ballot. 1 Jan. 24. {2nd Joint Ballot. 1 {3rd Joint Ballot. Jan. 25. {4th Joint Ballot. {5th Joint Ballot. Jan. 26. {6th Joint Ballot. {7th Joint Ballot. Jan. 27. {8th Joint Ballot. {9th Joint Ballot. {10th Joint Ballot. Jan. 29 {11th Joint Ballot. {12th Joint Ballot. {13th Joint Ballot. Jan. 30. {14th Joint Ballot. {15th Joint Ballot. Jan. 31. {16th Joint Ballot. =================================================================Cont.

============================================= DATE. Hendrickson. ============================================= {Senate............ Jan. 23. {House............. { Total......... {1st Joint Ballot. Jan. 24. {2nd Joint Ballot. {3rd Joint Ballot. 1 Jan. 25. {4th Joint Ballot. {5th Joint Ballot. Jan. 26. {6th Joint Ballot. {7th Joint Ballot. Jan. 27. {8th Joint Ballot. {9th Joint Ballot. {10th Joint Ballot. Jan. 29 {11th Joint Ballot. {12th Joint Ballot. {13th Joint Ballot. Jan. 30. {14th Joint Ballot. {15th Joint Ballot. Jan. 31. {16th Joint Ballot. ==============================================

The names of the straggling candidate were John Martin, leader of the Kansas Democracy; Charles W. Blair, Thomas P. Fenlon, Wilson Shannon, Isaac E. Eaton, ex-Senator Samuel C. Pomeroy, ex-Gov. Charles Robinson, ex-Lieut. Gov. Joseph P. Root, George A. Crawford, William A. Phillips, and Kansas legislators Benjamin F. Simpson, Edward Stillings, John P. St. John, Edwin Tucker and Lewis Hendrickson.

Among the acts of the Legislature of importance was one providing for a uniform system of county Normal Institutes; one authorizing appointment of a Commissioner of Fisheries, and for the protection of fish in the waters of the State, and D. B. Long was appointed Fish Commissioner; an act to enable counties, townships and cities to loan their credit to aid in constructing narrow-guage (sic) (sic) railroads; one providing for County Commissioners to order an election for voting bonds to railroad companies, upon the prayer of two-fifths of the resident tax-payers of the county; one providing for the county Clerk, to transfer real estate in the name of the proper owner; one providing for a commission of three persons learned in the law, to revise the general statues of the State, receiving their appointment from the Justices of the Supreme Court, which was made, and the persons appointed under its were Benjamin F. Simpson, Edward Stillings and William C. Webb, commissioners, and Channing J. Brown, Clerk, but the State has made no revision of its statutes. There was an appropriation of $2,000 made for the erection of a State Armory, which was built on the State House grounds, southeast of the east wing of the capitol. An act was passed authorizing the Topeka Land and Water Power Company to erect and maintain a dam across the Kansas River; one providing for all State officers, and the Regents and Trustees of all the State institutions to make out their biennial reports and deliver them to the Governor on or before the 1st day of September preceding the regular session of the Legislature, which "in addition to reports of receipts and expenditures, shall mention all the apparent defects, inconsistencies, omissions, unequal or oppressive laws which they shall have severally discovered, for the purpose of enabling the Legislature to make such amendments as will tend to perfect the statue laws of the State;" an act "providing for the appointment of a State Agent to prosecute the claims of the State of Kansas against the United States, and to procure payment of moneys due said State, from the United States on account of public lands disposed of by the United States in the said State of Kansas; also to present and prosecute the claims of the State of Kansas for school lands due the said State from the United States; also to prosecute the claims of the State of Kansas against the United States for moneys due the said State on account of expenses incurred in organizing troops for the military service of the United States, and for material and supplies furnished the same, and on account of Indian depredations." Ex-Gov. Samuel J. Crawford received the appointment of State Agent. The act relating to State statistics was so amended as to require the Assessors annually to report upon "agriculture," "manufactures," and "blind, deaf and dumb, insane and idiotic." Congress was memorialized to promote the speedy construction of a Southern Pacific railroad; to make immediate steps to procure and amendment to the constitution of the United States, providing for the election of United States Senators by the people; and to secure a law allowing the settlers on the "Osage Trust Lands" to pay for their lands by four annual installments.

Elections of 1877. - A special election was held in Atchison County to fill a vacancy in the Second Senatorial District, caused by the resignation of Hon. Albert H. Horton, appointed Chief Justice of the Supreme Court by Gov. Thomas A. Osborn, and Warren W. Guthrie was elected.

On November 5, A. Mott was elected a member of the House of Representatives from Rush County, to fill a vacancy caused by the removal of Hon. William P. Tomlinson from the county. Hiram Stevens, of Paola, Miami county, was again elected Judge of the Tenth Judicial District, and Joel Holt, of Beloit, Mitchell County, was again elected Judge of the fifteenth Judicial District.

Chief Justice of the Supreme Court. - The unexpired term of Samuel A. Kingman as Chief Justice was filled at the State election by the choice of its incumbent, Albert H. Horton. He received 63,850 votes; William R. Wagstaff, Democrat, 25,378 votes; Samuel A. Riggs, National, 9,880; there were 1,016 scattering votes. Melville J. Salter accepting a position in the Land Office at Independence, resigned his office of Lieutenant Governor, and Lyman U. Humphrey, of Montgomery County, was elected. He had a vote of 62,750; Thomas W. Waterson, Democrat, 24,740; D. B. Hadley, National, 9.590; scattering votes, 1,039.

John Brown's Monument. - August 30 marks the date of the dedication at Osawatomie of a monument erected to the memory of John Brown, the hero-martyr, and Frederick Brown, David R. Garrison, George Partridge, Theron P. Powers and Charles Keyser, who were killed at the battle of Osawatomie August 30, 1856. Ex-Gov. Charles Robinson was President of the day; W. W. Updegraff was Chairman of the Committee on Arrangements, and Hon. John J. Ingalls was the Orator of the day. In his commendation of John Brown, the orator said:

In any age, or country, or under any system where abuses existed that needed correction, he would have been a reformer in politics and a Puritan in religion. He would have gone with Huss to the stake, or with Sidney to the scaffold.

State Bonds and Certificates. - The amount of bonds issued and liabilities incurred for war purposes, by the State, on account of the General government, for which reimbursement was claimed, as shown by statement prepared by the State Auditor, is as follows:


July 1, 1864 - An act to provide for the expenses of 
    the militia, incurred in the protection of the 
    State, in the years 1862, 1863 and 1864, and 
    payment of the same, approved February 23, 1864........ $100,00 00
July 1, 1866 - An act supplemental to "An act to 
    provide for the expenses of the militia, incurred 
    in the protection of the State, in the years 1861, 
    1862, 1863 and 1864, and payment of the same,"
    approved February 23, 1864, approved February 26, 
    1866...................................................  40,000 00
July 1, 1868 - An act to provide for the issuance and
    sale of the bonds of the State, for the purpose of
    defraying the expenses of the Kansas militia, 
    approved March 2, 1868.................................  30,000 00
January 1, 1869 - An act to provide for the issuance 
    and sale of bonds of the State of Kansas, for the
    purpose of liquidating the indebtedness of the 
    State incurred for military purposes, during the
    year 1868, in deicuding (sic) the citizens
    of the State against the ravages of hostile Indians
    on the frontiers of Kansas, approved February 9, 1869..  75,000 00
January 1, 1869 - An act to provide for the issuance 
    and sale of bonds, for defraying the expenses in
    raising the Nineteenth Regiment Kansas Volunteer 
    Cavalry, approved March 3, 1869........................  12,000 00
January 1, 1869 - An act to provide for the issuance
    and sale of bonds of the State of Kansas, to 
    provide a military contingent fun for the 
    protection of the frontier against hostile Indians,
    approved February 26, 1869.............................  89,000 00
March 15, 1875 - An act to provide for the issuance
    and sale of bonds of the State of Kansas, for
    the purpose of paying the indebtedness of the 
    State incurred in repelling Indian invasions
    during the year 1874, and the month of January
    in the year 1875, approved March 6, 1875...............  36,500 00
       Total amount issued.................................$382,500 00
The following amount was paid directly from the State Treasury,
    and for which no bonds were issued, to wit:
Under the provisions of an act appropriating money
    to refund to the Governor, Thomas Carney, 
    expenses incurred by him in protecting the 
    State, approved February 26, 1864......................  10,800 00
In addition to the foregoing exhibit, the State of
    Kansas has issued its interest-bearing certificates
    in pursuance of law, for the services of the State
    militia, material and supplies furnished, property
    lost in action, etc., in defense of the State, 
    during the year 1864, to the amount of ................  77,426 15
Making the total amount paid and assumed by the State,
    and for which the State has not been reimbursed 
    by the United States...................................$470,726 15 

Through the courtesy of Hon. J. A. Williamson, Commissioner of the General Land Office, Washington, D. C., a special force of clerks was employed to ascertain what was due the State from the General Government by virtue of the following provision of the organic act:

Fifth - That five per centum of the net proceeds of sales of all public lands lying within said State, which shall be sold by congress after the admission of said State, into the Union, after deducting all the expenses incident to the same, shall be paid to said State for the purpose of making public roads and internal improvements, or for other purposes, as the Legislature shall direct. (12Stat., 127.)

December 31, 1877, it was ascertained to be $190,800, and demand was made upon the Secretary of the treasury for its payment.

[TOC] [part 8] [part 6] [Cutler's History]