Jeff Palmer, Kingfisher, Oklahoma, wrote to me recently, informing me that he grew up in a home just one block north of my residence. His parents were Charles and Lorene (Hight) Palmer. Charles Palmer was the city engineer until his death in 1973. Lorene Hight Palmer passed away in 1878, when Jeff Palmer was a senior in Arkansas City Public High School.
Jeff's grandparents were Philip Kearney Hight and Stella (Chambers) Hight. They assisted in the three books published, called Between The Rivers, years ago.
Jeff informs me that he did a paper on the Cherokee Strip Run, and that a copy of it is in the Cherokee Strip Land Rush Museum in Arkansas City.
Jeff stated: "I found information on my great grandfather and his brother." His great grandfather was James Thompson Hight (known sometimes as J. T. Hight), whose brother was Jacob Hight. "Uncle Jake, as my grandfather referred to him, was a city councilman, and I noticed that he ran for Police Judge in April 1887."
As a result of Jeff Palmer's interest, I am attempting to learn what I can of the various families he mentioned: Hight, Chambers, and Palmer.
The first family I am covering is the "Hight" family. Jacob Hight was well known in the early days in Arkansas City. James Thompson Hight appears to have been a resident of Bolton Township at that time.
Bolton Township 1880: James T. Hight, 38; spouse, S. J., 34.
Bolton Township 1882: James T. Hight, 40; spouse, Sarah Jane, 37.
Arkansas City 1893: Jacob Hight, 55; spouse, Cath., 55. Daughter, Anna, 21.
James T. Hight...
Arkansas City Traveler, June 13, 1883.
The following list of our soldiers of Bolton Township were furnished us for publication by Gus Lorry, trustee of that township.
J. T. Hight, sergt., Co. G, 17th Indiana Veterans
I have no idea who "Samuel Hight" was...only mention of him follows...
Arkansas City Republican, Saturday, July 26, 1884.
Notice is given to the public that my wife, Elizabeth Hight, has deserted my bed and board, and refuses to return, and I hereby warn all persons against giving her credit in any way, as I will not be responsible for the payment of any of her debts. SAMUEL HIGHT.
The following concerns J. T. Hight...
Arkansas City Republican, Saturday, March 21, 1885.
Editors Republican: GENTS: I have been interested in the articles relating to milling and its profitableness and its abuse, etc., in your late issues, but did not propose to take any part in the discussion, and do not now. But when my business is assailed by parties who are endeavoring to build up a business for themselves by false representations, I propose to show to the public, if possible, the falsehood. Today Mr. J. T. Hight informs me that he was solicited to take stock in the Farmer's Co-Operative Milling Exchange at Arkansas City. And as an inducement these parties told him that I had determined to do no more exchange business; but would only buy the farmers' wheat and sell him flour. This is a falsehood uttered for a purpose: to damage my business. I will only add, I never said or did anything to warrant such statement; but invite the farmers to come to my mill and prove my intentions. Respectfully Yours, V. M. AYRES. March 19, 1885.
Jacob Hight mentioned...
Arkansas City Republican, Wednesday, April 4, 1885.
Thursday the businessmen and taxpayers held a meeting to place in nomination a ticket for the city officers to be filled next Tuesday. The following was the result.
FOR MAYOR: A. J. PYBURN.
FOR POLICE JUDGE: CHARLES BRYANT.
FOR CITY TREASURER: CHARLES R. SIPES.
FOR TREASURER OF SCHOOL BOARD: JAMES L. HUEY.
FOR JUSTICE OF THE PEACE: S. C. LINDSAY.
FOR CONSTABLES: FRANK THOMPSON, J. J. BREENE.
Councilmen: Jacob Hight; A. C. Gould.
School Board: S. B. Adams; T. D. Richardson.
Councilmen: Archie Dunn; Calvin Dean.
School Board: J. P. Witt; John Landes.
Councilmen: J. P. Johnson; M. C. Copple.
School Board: A. D. Prescott; L. E. Woodin.
Councilmen: John M. Ware; W. P. Wolf.
School Board: A. P. Hutchinson; T. R. Houghton.
Arkansas City Republican, April 4, 1885.
James Hill and Jacob Hight for councilmen in the first ward.
J. T. Hight...
Arkansas City Traveler, April 8, 1885.
Our old friend and subscriber, J. T. Hight, paid our sanctum a visit last week, and made himself solid for another year.
Jacob Hight elected...
Arkansas City Traveler, April 8, 1885.
Our city election yesterday hinged upon the question of sustaining Mayor Schiffbauer and the council in their water and gas ordinances. The matter has been discussed at some length in the newspapers, and voters have talked the matter over with more or less warmth. The meeting on Monday night was held for the purpose of more fully informing the people of the merits of the case, it being the belief of those who called the meeting that when the action of our city fathers was fully rehearsed, the popular verdict at the polls would be given in their condemnations. Mr. Hill, as an expert, denounced the method for supplying our city with water, as ineffective and obsolete; the contract which binds our citizens to pay for the work he showed to be so loosely worded that no security was afforded the public interest; and the haste with which the business was transacted, he said, naturally begot the suspicion that some secret influence had been at work which the people would do well to rebuke. Judge Pyburn dwelt more especially upon the law governing the case. He declared that since the proclamation of the Governor changing Arkansas City from a city of the third to the second class, no legislative action of the city government had been valid, except the ordinance dividing the city into four wards. This dictum relegated the water and gas ordinance to the region of informality.
This brought Mayor Schiffbauer to his feet, who explained the action of himself and council, and in the brief vindications made some telling points. Mr. Porch also arose to declare that he had money at his command to fulfill the contracts, be the cost what it may; and Mr. O'Neil made the further assertion that gas and water would be furnished our citizens no matter what might be said in opposition.
This exposition, it is to be supposed, was duly considered by the voters, and how it affected their judgment is best shown by the result of the polls. The Citizens' ticket elected in most the wards, but owing to the late hour of receiving the returns, we can only give the majorities, which are as follows.
For Mayor, F. P. Schiffbauer [C] 117.
Treasurer, C. R. Sipes [C & R] 578.
Treasurer, Board of Education, James L. Huey [C & R] 643.
Police Judge, Chas. Bryant [R] 35.
Justice of the Peace, S. C. Lindsay [C] 100.
Constables, Frank Thompson [C & R] 641. J. J. Breene [C & R] 641.
For council: Jacob Hight [C & R] long term, 57.
James Hill [C * R] short term, 57.
For school board: J. W. Ruby [C] long term, 57.
S. J. Rice [C] short term, 57.
For council: Calvin Dean [R] long term, 2.
Archie Dunn [C & R] short term, 134.
For school board: Rev. J. P. Witt, 68; John Landes, 68.
For Council: O. S. Rarick [C] long term, 1; M. C. Copple [R] 66;
C. G. Thompson [C] 66. [A tie between the two latter.]
For school board: H. D. Kellogg [C], long term, 1.
John Love [C], short term, 1.
For Council: A. N. Davis [C], long term, 44.
H. George Bailey [C], short term, 45.
For school board: Alex. Wilson [C], long term, 67.
J. C. Duncan [C], short term, 58.
The initials in the above statement stand "C" for Citizens' ticket, and "R" for Reform candidate.
Arkansas City Republican, Saturday, April 11, 1885.
Tuesday the city election occurred. There were only two tickets in the fieldthe Citizen's ticket and the Reform ticket, but the supporters of each worked hard for victory. F. P. Schiffbauer was elected mayor by 117 votes.
The councilmen chosen in the first ward were Jacob Hight, long term; James Hill, short term. School board: S. J. Rice and J. W. Ruby.
In the second ward, the race of councilmen was very close. It resulted in the election of Archie Dunn, long term; and Calvin Dean, short term. J. P. Witt and John Landes were put in the school board.
In the third ward Capt. Rarick and C. G. Thompson were elected councilmen; the school board is John Love and Dr. H. D. Kellogg.
In the fourth ward A. A. Davis and George Bailey were made councilmen; J. C. Duncan and Alex. Wilson were elected to serve on the school board.
Chas. Bryant was elected police judge.
C. R. Sipes was elected city treasurer.
J. L. Huey was elected treasurer, board of education.
Constables elected were J. J. Breene and Frank Thompson.
Justice of the Peace elected is S. C. Lindsay.
No fights occurred during the day, and no drunkenness occurred until after the returns came in. The returns were not canvassed until last night; therefore, the REPUBLICAN is unable to give the vote of each candidate.
Arkansas City Traveler, May 6, 1885.
Monday evening a regular meeting of the city council was held, Mayor Schiffbauer presiding. When most of the routine business was performed, Mr. Amos Walton presented himself, and asked to call the attention of the mayor and council to a law passed at the last session of the state Legislature (Senate Bill No. 145), which requires as a qualification to the office of mayor or councilman that the incumbent be an owner of real estate in the city.
Councilman Rarick said the provision of law had just come to his knowledge, and as he was not an owner of real estate in the city, he felt himself disqualified to hold his seat. He had written out his resignation that morning to tender to the council, and he now gave notice that he should no longer perform the functions of councilman.
Mr. O'Neil then asked leave to introduce his water proposition , and a statement was read bearing his signature, but he disclaimed the authorship of the document or the signing of his name. This water supply business comes up in loose shape before the council, and the unwillingness of some of the members to act on it has a tendency to delay proceedings. At 7:30 o'clock a motion was adopted to adjourn the council meeting till 10 a.m. the next day (Tuesday), and that the council sit in committee of the whole to consider the water works question, the session to begin two hours before the adjourned meeting of the council.
But in the morning a new trouble arose. It was talked on the sidewalk that Mayor Schiffbauer and Councilmen Thompson and Davis, were also ineligible to hold office, they not being the owners of real estate in the city. This seemed to have a paralyzing effect on the honorable board, as the members did not present themselves to sit in committee of the whole. The matter was talked over by the groups on the sidewalk, and the question whether their past acts were valid caused a feeling of painful uncertainty.
At 10 o'clock the council met, Mayor Schiffbauer again in the chair. The recent act of the legislature was discussed, and "what are you going to do about it?" seemed a poser to our legislative Solons. Mr. Hill desired that some intelligent proceedings be taken to learn the facts in the matter; and after various suggestions were offered, it was finally resolved that the roll of the members be called and they be asked to declare whether they were owners of real estate within corporation limits. The mayor said he owned real estate; the councilmen from the first ward (Hight and Hill) also declared themselves real estate owners, Messrs. Dunn and Dean, of the second ward, had the necessary qualification; Capt. Thompson, of the third ward, declared himself a property holder, Capt. Rarick, of the same ward, was not in his seat, Councilman Davis, of the 4th ward, reported himself not a property owner, Mr. H. G. Bailey said he had the necessary qualification. This left two members ineligible on their own statements. The mayor questioned whether Councilman Bailey was ineligible to serve. He owned a homestead in the city although it was held in his wife's name. She could not dispose of it without his assent and joint signature to the deed, and hence his mayor regarded him as a property owner. But Mr. Bailey took a different view of the matter. He said he did not own a lot on the city plat, he was not listed as the owner of real estate, and hence the law made him ineligible.
The talk on the subject is that two other members of the city government are in the same box with the fourth ward member, and a number of our citizens declared that elections must be held to fill their places. The question is referred to the attorney general of the state for an opinion, and when that official gives his views, a way will be devised to disentangle the snarl.
Arkansas City Traveler, May 6, 1885.
The city council has been playing at cross purposes of late. A week ago last Friday it held an informal meeting, the mayor being absent from the city, and the heavy rain keeping several members at home; but no business was done except to swear in some of the newly elected officers, and resolve to meet on the following Monday.
On Monday the honorable body did not get together, but the following evening they met, the mayor also being present. Mr. O'Neil was in attendance, expecting the water ordinance would be brought up for revision, to state what changes in his proposed contract with the city government he was willing to concede. At 8:15 o'clock Mayor Schiffbauer rapped the council to order, and informed the gentlemen that their proceedings would not be valid unless held in compliance with a call duly signed by the mayor and a majority of the council. City Clerk Benedict then wrote out the call for a special meeting to which the signature of the mayor and four of the council were appended. Another name was wanted, and here came the hitch. Councilmen Dunn and Dean declined to affix their sign manual, unless it was specified in the call that the water works question would not be considered. They were opposed to the present contract as being too loose; it did not go sufficiently into detail, and failed to guard the interest of the taxpayers. Councilman Hill was not present, and they deemed it unwise to take action on so important a matter, or bring it up for consideration, a full board not being present. Councilman Hight advanced the same objection. After some time had been spent in informal debate, the mayor said it would be well to give effect to the call as other public business was awaiting action, and the council could use its own judgment about taking up the water works question.
Leave being granted Mr. O'Neil to address the council, he said he hoped there would be no further delay in considering the contract to which he was a party. It was not for him to say what he would do, but for the gentlemen to specify their requirements. If his present engagement for the construction of water works was not satisfactory, he was willing to amend it; he was there to make liberal concessions, but he must first know what was demanded of him. He hoped there would be no further delay as he was here under expense, and had money on deposit to go on with the work which could be put to profitable use elsewhere.
A lively cross-fire ensued between Mr. Dunn and the speaker, to which Messrs. Dean and Hight contributed an occasional shot. The debate made the fact apparent that those gentlemen opposed any action on the question in the absence of Mr. Hill, and as this maintained the deadlock, at 9 o'clock the mayor declared there would be no meeting of the council, and the business ended in smoke.
Arkansas City Traveler, May 20, 1885.
The water question has become a hackneyed subject in the newspapers of the city; and with the rivers overflowing their banks and threatening widespread destruction, we can understand that a prolonged discussion of the question may seem excessive to some readers. But old Aquarius, who carries the watering-pot of the gods, may withhold his hand before long; our present surplus may turn into drouth, and then the subject of a water supply will not be turned from with aversion.
When the report of the committee on water works was made to the city council a week ago, through its chairman, Mr. James Hill, the question of the location of the works was referred to the council, and became the subject of prolonged discussion. Mr. Hill, as an expert, recommended the Walnut River as a source of supply, suggesting that three acres of ground at an eligible point be purchased; that the same be fenced in, cleared, and scrupulously cleaned off, and the necessary buildings and machinery erected. He recommended the Walnut River, he said, because the spring which furnishes our present supply of water is not to be depended on for the future needs of the city; and because a present saving of several thousand dollars can be made in the machinery and a considerable permanent saving in the cost of fuel.
The debate that followed brought out an expression of conflicting sentiment. The water in the Walnut was condemned as impure and unfit for culinary use. Dead carcasses, decaying trees, and vegetable debris are borne along its surface, and the several hog wallows in the vicinity of the mills taint it beyond means of purification. One or two members suggested that the water could be filtered before it was turned into the pipes, but others contended that it was so charged with vegetable and animal matter, that during the hot months, it became putrid; and no process of filtration could relieve it of its offensive odor.
Diverse views were expressed on the fitness of the spring for the supply of the city. It was asserted by Mr. Hill, and assented to by some of his brother members, that an excavation must be made to arrive at an increased supply, and in sinking down, there was danger of losing the water entirely. But others declare that large portions of our city are under flown by seepage from the Arkansas River, and that a thin stratum of rock, extending from one river bank to the other, is interposed between this subterranean inflow and the surface. In proof of this the case is mentioned of a workman drilling through this shell of rock, who lost hold of his drill when the rock was perforated, and it disappeared in the underlying water. Taking this geological formation as a basis, they insist that the rock has but to be removed from the spring where the city now obtains its supply, and water will be found in sufficient quantity to meet all our future wants should our present population be decupled.
This diversity of opinion was brought to an issue in the council last week, by the introduction of a motion to locate the water works on the Walnut River bank. But no definite vote was taken because two of the members (Messrs. Hight and Bailey), were not able to vote intelligently, not knowing anything about the prospective capacity of the spring to supply the city inhabitants. A day was granted to inform themselves, and when they came to a vote on the motion, the ensuing evening, it was sustained by a vote of four to three. This seems to have given the coup de grace to Mr. O'Neil, who has been hanging on the ragged edge for upwards of a month; he saw that his franchise to build a water system was knocked higher than a kite, so he gathered his belongings together and lit out, forgetting, in his haste to get away, to pay his debts to several confiding creditors. This puts the water works question all at sea again, and the question is, what is it best to do about it?
Excerpts from a lengthy meeting...
Arkansas City Traveler, May 27, 1885.
The city council was late in getting together on Monday evening. Capt. Rarick, having resigned; and Mr. Davis deeming himself without the necessary property qualification to hold his seat, the body is reduced to little more than a quorum. Mr. Hill was also absent, having left on the afternoon train. The mayor and four councilmen waited till 8:30, and no quorum appearing, the marshal was sent after Archie Dunn, who promptly responded to the summons and then the business began.
In accordance with city ordinance No. 125, a license of $25 a day had been demanded of G. G. Matthews for selling a bankrupt stock of dry goods, thereby demoralizing the trade of our home merchants; but he refused to pay the tax. This was reported to the council in writing, and after some discussion, the matter was postponed indefinitely.
Mr. Hight reported in behalf of the sanitary committee. A new vault should be dug at the Windsor Hotel and better provision made for carrying off waste water. Mr. Stedman, owner of the bath house, was required to make the same provision. The water spout on Kellogg & Coombs' drug store should be removed to a more suitable place, and the privy in the rear of their lot removed. The portion of the alley in the rear of the Arkansas City Bank should be filled up, and certain manure piles at different points mentioned removed. Also some hog pens and stagnant pools in the first ward required attention. The report was accepted, and the attention of the street commissioner called to the various nuisances named.
Mr. Hight asked for the report of the water works committee. Capt. Thompson, the only member of the committee present, asked further time, which was granted.
Arkansas City Republican, Saturday, July 11, 1885.
Last Sunday news was circulated on our streets that a 14 year old boy by the name of Chas. Shoup, residing near the mouth of Grouse Creek, was shot accidentally by a young man by the name of Probasco. It happened in this wise.
Master Shoup and two other boys were at Probasco's home. They were all in a room and as the boy testifies, Probasco was showing them how to handle the revolver, when it was discharged. The ball struck Shoup, entering his right chest on the line of the fifth rib. It passed through the lung three inches to the right of the spine and on a level with the seventh rib through the body and struck the wall of the room beyond. Probasco says that he was taking the revolver away from the boy and was going to put it away, when it was discharged in some unknown manner. All three boys tell the same story and no doubt it was done as the boys stated. The revolver when discharged was so near Shoup's chest that the powder burned it. The revolver was a 38-calibre-self-acting Smith & Wesson, and it was criminal careless- ness for a man to be showing a boy how such a fire arm worked, or even to allow him to have it when loaded. Probasco is 25 years old. Shoup will in all probability die from the effects of the wound. He is the son of a widow lady and a nephew of the First Ward councilman, Jacob Hight. Dr. Fowler was summoned immediately and did what he could to alleviate the boy's pain. He is still attending him, but it will be almost a miracle if the boy recovers.
Arkansas City Traveler, June 10, 1885.
The City Council met in adjourned meeting on Monday evening, the mayor and Councilmen Thompson, Dean, Dunn, Hight, and Bailey present.
Arkansas City Republican, Saturday, July 18, 1885.
Council met in adjourned session Monday evening with Mayor Schiffbauer, Councilmen Davis, Dunn, Dean, Thompson, and Hight present; Hill and Bailey absent.
Bill of Gardener Mott of $40.55 for lumber west bridge, allowed.
Bill of F. Lockley for city printing of $64.95, allowed.
Bill of Howard Bros., of $3.70 for hardware, allowed.
Referred bill of D. W. Ewing of $3 for work, allowed.
Referred bill of G. W. Fisher of $4.50 for work, allowed.
Bill of G. W. Cunningham of $132.95 for hardware referred to water works committee.
The Farmers Cooperative Milling Association, we are informed, are running a petition asking aid for such an enterprise and asking that the council consider the propriety of donating a sum of money not over $15,000 for such an enterprise.
Referred petition of Krebs and others asking for sidewalks on the east side of block 83 was carried.
Will S. Thompson, of the firm of Ridenour & Thompson, made a request asking a rebate of part of the amount of occupation tax, which was left for a committee to look into and report.
Mr. Hight made a motion that the city attorney, police judge, and street commissioner be requested to resign. Mr. Dunn made some remarks on the subject and seconded Mr. Hight's motion. Remarks were also made by Thompson and Davis. They were followed by Messrs. Stafford, Moore, and Bryant in defense of themselves. Mr. Hight insisted upon the motion being put with the exception of street commissioner, which was not consented to by his second.
The motion was amended that such should be voted on separately; carried.
Mr. Hight called for the yeas and nays for the city attorney to resign. Thompson and Bailey voted the nays and Dean, Dunn, Davis, and Hight voted affirmatively.
Mr. Hight moved that Police Judge Bryant be requested to resign. The result was as follows: Thompson, Dean, and Hight voted affirmatively. Dunn and Davis voted negatively. Bailey did not vote.
Moved that action on street commissioner be indefinitely deferred; carried.
Mayor appointed J. A. Stafford night watch at a salary of $25 per month and fees.
On motion adjourned until regular meeting.
Arkansas City Republican, Saturday, July 18, 1885.
At the council meeting last Monday evening, Mayor Schiffbauer is reported as saying by the Traveler that: "The jealousy of a rival attorney had instigated a good share of this public odium, and the lies published in the REPUBLICAN had proceeded from an outside pen, because there was not brains enough in that establishment to concoct such fabrications. He cautioned the council against being influenced by these scurrilous allegations, they being prompted by malice and having no foundation in fact. If such charges were to influence the council to go back on its officers, he wished it distinctly understood that he had no hand in the business."
The mayor also said "that you might rake H__l over with a fine comb and not find as black-hearted an individual as the one who wrote those articles in the REPUBLICAN."
We wish to say that the junior editor of the REPUBLICAN does all the editorial work. All the charges we have brought to bear against the city council and attorney were written by that individual. We edit our own paper. We are not influenced by outside talk. We espoused that which we thought to be beneficial to the city and tax- payers. We were against that infamous water works ordinance because we believed it to be a swindle. In an article we condemned that ordinance, and showed wherein it was deficient. Later on we have shown plainly that the city attorney was incompetent to handle our city affairs. The police judge has shown that he is too lax in the management of his affairs. The council by a majority vote has requested him to resign, also the city attorney. The Council did a good night's work last Monday in purging. We hope they will continue the purging process until they get all the corruption out. But one thing we are sorry for is that our mayor should so far forget his dignity as to use profane language in the council chamber. While we may have been extremely provoking to his side of the question, Mr. Schiffbauer should not be so put out as to lose the dignity which belongs to the head official of the city. It is very unbecoming.
Only one time have we given space to any rumor; that was in regard to a certain officer appointing his brother-in-law to succeed Billy Gray as city marshal. That brother-in-law has since been appointed night watch at a salary of $25 per month. Hight, Dean, and Davis voted against his appointment. Dunn, Thompson, and Bailey voted for it, and as it was a tie, the mayor decided.
Mr. Schiffbauer informs us that a number of merchants requested the appointment. As they hired one night watch, they felt justified in asking the city to appoint one. But be that as it may, we know now we have three salaried policemen and two night watches.
The REPUBLICAN has a right to criticize the action of any public officer. The people expect us to voice their rights and agitate all questions of public interest.
The muddle which exists in the council now is thrown upon the shoulders of the REPUBLICAN. It was through our agitation of the ineligibility of the councilmen and the incompetency of our city attorney, it is claimed by a few, that the present state of affairs exists. We have no apology to offer. We have done our duty to the taxpayers of Arkansas City. We thought the city attorney was incapable to handle the affairs of Arkansas City correctly. We said so and produced evidence to substantiate what we charged. We feel highly complimented that the REPUBLICAN has been able to assist in purging the city of any incompetent officer. But this is no reason why our mayor should lose his dignified bearing and go down to the level of a profane citizen, especially in the council chamber. We leave the matter to be decided by the taxpayers of Arkansas City. In the language of Jake Hight, let us have a little more dignity in the council.
Arkansas City Traveler, July 22, 1885.
The council chamber was filled on Monday evening with a large attendance of citizens, who evidently expected that a racy entertainment would be provided them by our city fathers. But they were disappointed as the evening passed off quietly. Mayor Schiffbauer presided and held the council strictly to business. City Clerk Benedict being absent in the territory, Frederic Lockley acted in his place. A few trifling bills were allowed. The application of Geo. A. Druitt to build a kitchen of wood or sheet iron on lot 18, block 81, was refused.
A communication from S. S. Stiles, Parsons, Kansas, asking about a grader left with Street Commissioner Moore, was read. That official being referred to said it required three good teams to use it, the owner had guaranteed it could be operated with two teams. He had not the horse flesh necessary, therefore the grader was not available. The city clerk was instructed to inform Mr. Stiles of these facts.
Mr. Dean asked for information in regard to the money allowed for election expenses. He was informed that the county paid the judges and clerks and yet some of these men had drawn pay for their day's services from the city. The mayor explained that misinformation from county officers had led him to pay some persons employed in the polling places, but the money would be refunded by the county and no man would be paid twice for the same service.
Ordinance No. 19, regulating water rates, was then read; it was passed by sections and then passed as a whole. On motion of Thompson, Mr. Scott, the engineer of the water works, was appointed collector of the water rate.
Resolutions in regard to certain curbing and guttering on Summit Street, were adopted, and ordered published four times in the TRAVELER.
It was now past 10 o'clock and Mr. Dean moved that the council adjourn. Mr. Hight wished to engage the attention of the body a few moments. He said he wished to know whether the two city officials whose resignation had been recommended at the last meeting of the city council had vacated their places. In pursuing this business he wished it understood that he was impelled by no personal feeling; as the representative of his constituency in the first ward and in the interest of the whole city, he was impressed with the fact that some men holding office were a weight upon the city government, and tended to bring its laws into contempt. These men must be got rid of in order to regain popular respect, and ensure efficiency to our administration.
The police judge, Chas. Bryant, in answer to this inquiry, said he had not been derelict in the performance of duty, and therefore felt himself under no obligation to resign. He had been elected by the people, and to them he owed the duty of remaining in office until removed in the manner provided by law.
Mr. Stafford said he had not tendered his resignation because no weight or validity attached to the resolution of the council calling on him to vacate his office. When the position of city attorney was tendered him, several members of the council urged his acceptance. He was duly appointed by the mayor and confirmed by a vote of the council. To throw up his position on a mere clamor, and when he knew he was performing his duties faithfully and honestly, would be unjust to himself, injurious to his family, and disrespectful to the eminent gentlemen in his former state who had testified to his merits as a citizen and his competency as a lawyer. More specific charges than unfounded newspaper reports were necessary to prove his unfitness.
Mr. Dean moved an adjournment, which was not seconded.
Mr. Hight said he was losing no sleep over this business. It was not a question whether the city attorney believed he was doing his duty; the material point was whether his services were acceptable to the people. His unpopularity was a drag-chain; it deprived him of prestige as a public officer, and the fact remained that he lost every suit he prosecuted. It is known he is a stumbling block to the city administration. Newspaper columns had no influences with him (the speaker). It was no dishonor for an official to step down and out. We all have our special aptitude; and the man who finds himself in a position he cannot adequately fill, his clear duty to himself is to get rid of its embarrassments. The speaker needed but one hint from the people he represented that he stood in the way of their interest, to make room for another who could render them better service.
Mr. Dean said the hour was too late to continue this discussion. The vote of its last meeting stood recorded; he was in favor of delaying further proceedings `till next week when a full attendance of the council might be expected, and there would be more time.
But Mr. Hight objected to delay. He wished to know if an ordinance was required to remove officers appointed by the council.
The mayor said an appointed officer could be removed for cause on a vote of a majority of the whole council.
Mr. Dean moved to adjourn.
Mr. Thompson thought it would be well to write to Judge Torrance to learn whether the city attorney is allowed to plead in his court.
Mr. Bailey produced the following letter from the Judge, which was read to the council, as follows.
WINFIELD, KANSAS, July 18, 1885.
H. G. BAILEY, Esq.
Dear Sir: In reply to your inquiries in regard to Mr. T. J. Stafford, I make the following statement.
At the January term, 1885, of the District Court, of this county, Mr. Stafford applied for admission to the bar. He failed to pass a satisfactory examination and for that reason was not admitted. Afterwards he went to Topeka and was admitted to practice in the Supreme Court on the representation that he was a practicing lawyer in the state.
Mr. Stafford afterwards, at the April (1885) term of the District court of this county, asked to be examined again as to his qualifications to be licensed to practice law, and I refused to entertain his application on the ground that he had been admitted to practice law in the Supreme Court on the representation that he was a practicing lawyer in the state, when in fact he had not been licensed to practice law. Mr. Stafford claimed that he did not make any intentional misstatement; that he was requested by Mr. Sterns, in the clerk's office (an old Iowa friend of his) to apply for admission; that he was not acquainted with the statute regulating the admission of persons to practice law in the Supreme Court; that he told Sterns that he was a practicing lawyer at Arkansas City, but did not tell him that he had been licensed to practice law in the District Court; that Sterns introduced him to Mr. Austin, a young lawyer in the Attorney General's office, and that Mr. Austin moved his admission, and that he (Stafford) did not know what representation Austin made to the court. Under the circumstances, both the examining committee and myself thought it best that Mr. Stafford should not be examined at the time. Afterwards Mr. Stafford went to Topeka, and was admitted in Judge Guthrie's court on his Iowa certificate, and his license to practice law by Judge Guthrie authorized him to practice law in all the District and inferior courts in the state of Kansas.
I have hesitated to say anything in regard to this matter, although I have been requested to do so by Mr. Dean and other parties, lest I might say something which might be misconstrued to Mr. Stafford's prejudice. I have given you the facts as I understand them, and leave you and the city council to draw your own conclusions.
Mr. Stafford remarked that some of the statements made in Judge Torrance's letter were made on hearsay evidence.
Mr. Hight moved that the office of city attorney be declared vacant on account of incompetency in the incumbent. The vote was by yeas and nays, all the members present voting in the affirmative.
On motion of Mr. Hight, the council adjourned.
Mr. Stafford notified the mayor that he should continue to perform the duties of city attorney.
Arkansas City Traveler, July 22, 1885.
Resolutions of the city council, of the city of Arkansas City, in the county of Cowley, and state of Kansas, in reference to certain curbing and guttering on Summit Street in said city.
WHEREAS, In our opinion it has become necessary, for the benefit of public health of said city, as well as from other causes, that a system of curbing and guttering should be constructed along a portion of Summit Street in said city. Therefore,
Be it Resolved, 1st. That suitable curbs and gutter be caused to be constructed on Summit Street, on the east side of blocks seventy-nine, eighty, and eighty-one, and on the west side of blocks sixty-seven, sixty-eight, and sixty-nine, all abutting on said Summit street.
Resolved, 2nd. That the city contract for the performance of said work, and that the cost thereof be equally pro-rated among the lot owners abutting on said street within said blocks. That such amount shall become a debt against each of said lots and payable to said city; and said debt shall, from the time of the completion of said work, become a special assessment, and shall be certified by the city clerk to the county clerk of Cowley County, state of Kansas, to be by him placed on the tax roll for collection, subject to the same penalties, and collected in like manner as other taxes are by law collected.
Be it ordered that these resolutions be published in the Arkansas City TRAVELER for four consecutive weeks.
C. G. THOMPSON,
JAMES HIGHT,
A. A. DAVIS, City Councilmen.
H. G. BAILEY,
CALVIN DEAN.
Arkansas City Republican, July 25, 1885.
Council met in regular session last Monday evening. Present: Mayor Schiffbauer, Councilmen Thompson, Dean, Hight, Davis, and Bailey. As Wm. Benedict was absent, Frederic Lockley was chosen by the mayor to act in his place.
The allowance of bills was as follows.
County bill of D. G. Lewis of $10 for money advanced to a pauper to go to Missouri, approved.
Bill for packing at water works for 63 cents allowed.
The bill of the Chicago Lumber Company of $25.98 for lumber was referred to finance committee.
Bill of Dr. Reed of $13.75 for professional services to paupers referred to finance committee.
G. A. Druitt made a request that a permit be given him to erect a wood and sheet iron kitchen at the rear of his restaurant two doors south of Windsor Hotel, and was refused on account of an ordinance prohibiting.
Capt. C. G. Thompson presented a communication from S. S. Stiles, of Parsons, in regard to a scraper which had been sent here for trial last summer, asking what the city intended doing with it. It was decided that Mr. Stiles should come and get his scraper as it was almost useless to the city.
Cal. Dean desired information in regard to the ordinance appropriating $100 to pay election expenses. Mayor Schiffbauer explained that it was through an error made by County Clerk Hunt that so large a sum had been appropriated and that parties who had been paid by the city out of the appropriation had given orders on the county for what had been paid them and the county would refund the money to the city. Capt. Hunt told "His Honor" that the city had to stand the expenses of the election, but afterwards informed him differently.
Ordinance No. 10 in regard to water works was taken up, discussed, and passed unanimously.
On motion of C. G. Thompson, Fred. Scott was appointed collector of water rent.
Resolution in regard to curbing and guttering the principal blocks on Summit street was adopted and ordered published.
Jake Hight brought up the city attorney and police judge matter again and asked what they were going to do in regard to the resolution of a majority of the council asking them to resign. Both officers refused to accede to the request of the council. A letter was produced by Mr. Bailey from Judge Torrance and which fully bears out the REPUBLICAN in its stand to have Mr. Stafford ousted. The letter is as follows.
H. G. BAILEY, Esq. DEAR SIR: In reply to your inquiries in regard to Mr. T. J. Stafford, I make the following statement.
At the January term 1885 of the District Court of this county, Mr. Stafford applied for admission to the bar. He failed to pass a satisfactory examination, and for that reason was not admitted. Afterwards he went to Topeka and was admitted to practice in the supreme court on the representation that he was a practicing lawyer in the state. Mr. Stafford afterwards at the April 1885 term of the District Court of this county asked to be examined again as to his qualifications to be licensed to practice law, and I refused to entertain his application on the ground that he had been admitted to practice law in the supreme court on the representation that he was a practicing lawyer in the state, when in fact he had not been licensed to practice law.
Mr. Stafford claimed that he did not make any intentional misstatement, that he was requested by Mr. Sterns, in the clerk's office (an old Iowa friend of his) to apply for admission; that he was not acquainted with the statute regulating the admission of persons to practice law in the supreme court; that he told Sterns that he was a practicing lawyer at Arkansas City, but did not tell him that he had been licensed to practice law in the District court; that Sterns introduced him to Mr. Austin, a young lawyer in the attorney general's office, and that Mr. Austin moved his admission and that he (Stafford) did not know what representations Austin made to the court. Under the circumstances both the examining committee and myself thought it best that Mr. Stafford should not be examined at this time. Afterwards Mr. Stafford went to Topeka and was admitted in Judge Guthrie's court on his Iowa certificates, and his license to practice law by Judge Guthrie authorizes him to practice law in all the District and Inferior courts in the state of Kansas. I have hesitated to say anything in regard to this matter although I have been requested to do so by Mr. Dean and other parties, lest I might say something which might be misconstrued to Mr. Stafford's prejudice. I have given you the facts as I understand them, and leave you and the city council to draw your own conclusions. Very Respectfully, E. S. TORRANCE.
Mr. Hight made a motion that the office of city attorney be declared vacant and was seconded by Mr. Bailey. A vote was called for and resulted in Bailey, Hight, Thompson, Davis, and Dean voting that the incumbent step down and out; Mr. Stafford voting no.
Motion to adjourn was carried. They will meet next Monday evening in adjourned session.
Arkansas City Traveler, July 29, 1885.
When our city fathers assembled for business Monday evening, there was a large crowd in attendance, attracted evidently in the expectation of witnessing more fun. The mayor presided and Councilmen Hight, Dean, Dunn, Thompson, Davis, and Bailey responded to their names as called by the clerk. Minutes of previous meeting were read and approved.
The following bills were acted on: Ed Malone, work on engine house, $35.45, allowed. Ivan Robinson, coal, $12.50, allowed. Referred bill of Chicago Lumber Co., $25.98, was reported favorably and allowed.
The council appropriated $5 to pay five night watchmen, appointed by the mayor on the night of the fire, to guard property.
James L. Huey, on behalf of the insurance men of the city, said the ordinance taxing each insurance company represented in the city $10 a year, is resisted, and the best companies refuse to take fresh business. They say if all the cities where they have agents should impose a similar tax, they could not do business. In this dilemma, the agents of the companies in this city had resolved to present the matter to the council, and ask that the occupation tax levied on them suffice for purposes of city revenue. To drive insurance companies away would be unwise, we have lately had experience of the necessity of placing our property in the hands of reliable underwriters.
N. T. Snyder said not the best companies alone, but all the insurance companies represented here, have ordered their agents to take no fresh business, and not to renew existing policies. They pay a state tax, and this they declare is all that justice demands of them.
Mr. Huey said further that the occupation tax as now assessed would absorb 20 percent of all the premiums paid.
Mr. Dunn moved that the matter be referred to the equalization committee of the council.
The mayor said it was talked by taxpayers that this committee had no right to affix a tax; it must be done by the council.
A suggestion was made that the committee could look into the matter and make recommendations to the council.
After some discussion Mr. Dunn withdrew his motion.
Major Schiffbauer said there was no question of the legality of the occupation tax; its equitable adjustment was the matter to be considered. If the insurance companies resist the assessment and have resolved to withdraw, the business of the council was to consider whether the ordinance should be amended.
Mr. Snyder said a similar tax on insurance companies had been imposed in Emporia, but it was found inexpedient and oppressive, and it had been repealed.
The application was finally referred to the committee on ordinances.
The Frick Bros., asked leave to rebuild scales and office on corner of Central Avenue and Summit Street, or one block west of that location. Leave granted to build one block west.
Pitts Ellis asked permission to put in scales and small sheet iron office on Fourth Avenue, two rods from Summit Street. Granted.
Application was made by the Danks Bros., and Morehead for an appropriation of $200 to pay for a survey of the city and a plat of the same, the purpose being to ascertain the best location for building water works. The petitioners would make a bid for the erection of the works.
This led to a lengthy discussion, in which these objections were advanced: The sum asked for is not in the city treasury; if a favorable location is found, the city has no means to build water works, and bonds, if voted, would not sell. The situation looked hopeless, and the application was laid on the table indefinitely.
Mr. Henderson asked leave to raise his frame dwelling on Summit Street four feet, he intending to cover the roof with tin. Granted.
Mr. Hight called attention to some frame additions being made by W. M. Sawyer, proprietor of the Empire Laundry. His intention was to put in a steam engine, and the work he was doing was in violation of the fire ordinance. The marshal was instructed to enforce the ordinance.
On suggestion of the mayor, the council ordered the street commissioner to put in posts on Fourth, Fifth, and Central Avenues, extending half a block from Summit Street, for hitching purposes. The posts to be eight feet apart and connected with iron rods.
The marshal stated that he found difficulty in collecting the dog tax. The council instructed him to issue a proclamation warning owners of dogs that if the tax was not paid by a given time, the animals would be shot.
Mr. Thompson said many persons had complained to him of the burdensome tax imposed upon some users of water. The tariff on livery stable keepers was too high, it was excessive on barbers, and some hotel keepers were unfairly dealt with. The tax on the Star Stable ($25 for washing buggies and 75 cents for every stall in use) would run up such a bill, that if not modified, the owners would put in a windmill and start water works of their own. Mr. Hilliard, owner of the Fifth Avenue Livery Stable, also complained of the burdensome tax.
Mr. Dunn said he wanted the rates made fair to all, but they should be sufficient to render the water works self supporting.
Mr. Davis said the present tariff would produce a revenue exceeding expenses by $200 or $300; but this surplus would be lost by delinquent taxpayers.
Mr. Hutchins complained that he had made connection with the water main for use in his dwelling house at an expense of $35 to $40. Then he paid a tax of $5 a year; now it was raised to $20. Before he would pay such a sum, he would sink a well and cut loose from the city water supply.
The ordinance was referred to the water-works committee to adjust and equalize.
Mr. Hight wished to know if the mayor had appointed a city attorney to fill the vacancy created by resolution of the council.
His honor said he had not, as City Attorney Stafford was still performing the duties of that office. He doubted whether the right method had been pursued in the endeavor to get rid of that officer. The statute authorized the council to remove any officer for cause, except the mayor, justice of peace, and constable, by a majority vote of all the members. In this case no charges had been made, no opportunity for defense accorded. A mere vote of the council or a resolution to declare the office vacant, the mayor did not regard as a compliance with the requirements of the law.
Mr. Hight contended that Mr. Stafford had been lawfully disposed of. The cause assigned was incompetency, and his removal effected by a majority vote of the council. Proceedings in attainder, or a trial on impeachment were not required by the statute, and legal opinion sustained him in his belief that the office of city attorney was vacant.
Mr. Dean said this wrangle in the council was becoming chronic; the business of the city was not transacted with decorum or dignity. He attributed this discord to the perversity of the city attorney, who was unacceptable to the people and a drag on the council. He had been requested to resign, and he contemptuously refused; he had been removed by a vote of the council, but he still hung on to the office. The speaker did not know of a practicable remedy. If Mr. Stafford could run the city and the council at his own sweet will, there was no need for him (Mr. Dean) to occupy his seat. He gave notice that he should retire from the unseemly contest until some way had been discovered of restoring harmony to the administration of our public affairs.
Mr. Stafford spoke in his own defense. The wrangle being maintained till late in the evening, Mr. Hight introduced an ordinance amendatory to Ordinance No. 4, cutting off the salary of the city attorney. It was read, discussed, and adopted.
John Stafford, the recently appointed night watchman, was removed, the office being in excess of the public need, and assistant Marshal Breene instructed to remain on duty till midnight.
Council adjourned.
Arkansas City Republican, Saturday, August 1, 1885.
Three weeks ago last Monday night, a majority of the city council adopted a resolution asking the then city attorney to resign. At the next meeting he refused and accordingly the council kicked him out unanimously, everyone of the councilmen present voting that he should step down and out. When requested to resign, Stafford said he would if Judge Torrance substantiated the charges made by the REPUBLICAN about his practicing in the district court. In a letter to H. G. Bailey, Judge Torrance fully confirmed our statements. But still Stafford refused to get out.
About the time Stafford was to be appointed to the office, he went to Jake Hight and told him that if he would vote for him, and if after a fair trial he did not prove satisfactory, he would resign. Hight thought him to be a needy man and aided him with his vote with the above understanding. Hight has frequently asked Stafford to get out, telling him he was giving poor satisfaction. But the brazen- faced gentleman of "high legal attainments" refused to comply with his word.
A week ago last Monday night, the mayor gave the law by which the attorney could be fired. The council carried out the instructions given them by "His Honor," and its action is so recorded with the city clerk. The city attorney laughed in the face of the councilmen and made light of their action at the time.
Last Monday night "His Honor" informed the council that they had not proceeded correctly and refused to appoint a successor to Stafford. This made matters pretty hot in the council chamber and resulted in an ordinance being adopted stopping the ex-city attorney's pay.
We have asked several able lawyers if the act of the council was legal, and was informed that it was. Yet "His Honor" says it is not, when the meeting before he said it was.
We blush for Stafford. He has no shame and we recommend that he be sent to the asylum for the weak-minded at Winfield. It is a disgrace that our city councilmen have to be hampered by such a pest. They are united on the question of Stafford's removal and their demands should be acceded to and would if the ex-city attorney had a particle of shame or self-respect.
The councilmen have done their duty and the REPUBLICAN now thinks it is time that the citizens take the matter in hand. The question naturally arises: Is the city of Arkansas City to be bull-dozed by an incompetent, brazen-faced, would-be city attorneyif he had a sufficient amount of brains?
Arkansas City Republican, Saturday, August 1, 1885.
Council convened last Monday evening in regular adjourned session. Mayor Schiffbauer presided. Councilmen Davis, Thompson, Dean, Dunn, Hight, and Bailey were present.
The allowance of bills was the first thing on docket.
Bill of Ed Malone of $31.50 for work at engine house, allowed.
Bill of Ivan Robinson of $12.50 for coal, allowed.
Bill of Pat Franey, J. E. Beck, Ed Horn, J. Herbert, and L. S. Brown for special police service, allowed $5 each.
Referred bill of Chicago Lumber Co., of $25.98 for lumber, allowed.
The several insurance companies through their agents made request that the occupation tax affecting insurance companies be reconsidered, and on motion the same was referred to committee on ordinance.
Petition of Frick Bros., to put up scales on Central Avenue, was read and on motion permission was granted that they be allowed to put them up on Central Avenue one block west of Summit Street.
Petition of Pitts Ellis to put up scales and house on corner of 4th Avenue and Summit Street read, and granted on motion.
Messrs. Moorhead and Danks asked for an appropriation of $200 with which to make a survey of the city with view of ascertaining best possible place for obtaining water for water works. Also, make estimate of cost of same, and will put in bids for the building of the same. On motion, this request was laid on the table indefinitely.
The street commissioner was instructed to put up hitching posts on each side of Summit Street, half block each way, from Summit Street on 4th, 5th, and Central Avenues. The posts to be 8 feet apart and connected by iron rods.
On motion the water works ordinance No. 10 was re-considered.
On motion ordinance No. 20, repealing ordinance No. 4, was read and approved. This ordinance makes the salary of ex-city attorney Stafford but 50 cents a year.
On motion of Jake Hight, John Stafford, the night watch, was dismissed.
A. A. Davis moved that J. J. Breene be instructed to remain on the street until midnight. Carried.
On motion of Jake Hight, the street commissioner was instructed to make out report and hand it in at next meeting.
On motion adjourned.
Arkansas City Republican, Saturday, August 1, 1885.
The Traveler turns up its nose because Jim Hill was in the city Monday evening and failed to attend council meeting. One councilman from the first ward is sufficient, it seems. Jake Hight watches with the eye of an eagle over the city affairs; consequently, he keeps certain parties cringing inwardly for fear he will open fire on them. The REPUBLICAN remembers the fact that Hill was elected against his will and that he told his constituents he would be unable to attend to the duties of councilman as it should be. But this does not release him from his obligation to his constituents to attend when in the city. We hope to see Mr. Hill in attendance hereafter when in the city.
Arkansas City Traveler, August 5, 1885.
Union services were held in the Baptist Church on Sabbath evening, which were attended by a crowded audience. After some excellent music by the choir, Rev. J. O. Campbell announced that the meeting was held in the interest of law and order, and to give permanency and effect to the movement, an organization should be effected by the election of officers. The meeting then elected the following officers.
President: W. M. Sleeth.
Secretary: N. T. Snyder.
Executive committee: Messrs. Adams, Barron, Jenkins, and O. P. Houghton.
Prayer was offered by J. P. Witt.
The following resolutions were read and adopted.
Resolved, That we call the attention of the county attorney and the probate judge to the necessity of an immediate investigation of the open and notorious violation of the prohibition law in our city.
Resolved, That we respectfully ask our municipal authority to use all diligence in the enforcement of all Sabbatarian laws on the statute book.
Resolved, That these resolutions be published in the city papers, and forwarded to the proper persons.
Brief and effective addresses were made by Revs. Campbell and Buckner, W. M. Jenkins', and Councilman Jacob Hight. Great interest in the proceedings was manifested by the entire audience.
Arkansas City Traveler, August 5, 1885.
The deadlock in the city council still continues, the collective wisdom of our city fathers in the attempt to disentangle the snarl proving an utter mockery.
It has been suggested that if they meet less frequently and talk less, a less amount of friction might be created. It has even been intimated to this reporter that if he ceased publishing the proceedings of that honorable body, less attention would be directed to our city government, and less perplexity would distract the minds of our municipal Solons.
Last week the council held a stormy session, and all that resulted from their deliberations was placing matters in a worse shape than before. The occupation tax was referred to the equalization committee on the complaint of the insurance agents of the city, and the water ordinance was referred to the water works committee for revision, on the complaint that the tariff bore heavily on certain interestslivery stable men, hotel keepers, barbers, etc. This causes more delay, and in the meanwhile not a dollar finds its way into the city treasury.
Councilman Hight, also, created ill feeling in the mind of the mayor, by his indiscreet and injudicious devotion to retrenchment and reform. He bounced Night Watchman Stafford, whose pay is $25 a month, on the ground that his support was an unnecessary burden on an overburdened treasury. This officer had worn the star but two weeks, he has been vigilant and had made several arrests. As a matter of fact, the fines paid by the misdemeanants he handed in more than paid his salary for the time; so the burden of his pay could not rest down very heavily on the city treasury.
This seems to have disgruntled the mayor; he feels it as a personal affront. He is working without pay; he is ungrudging in his devotion of time and attention to his duties; and he very naturally thinks himself entitled to some slight indulgement at the hands of his brother officials. The citizen who pays the taxes (or is expected to pay them), and look on, knows that correct government cannot be obtained under the most expensive methods, and he is willing to wink at any trifling peccadillo that quiet and efficiency may be preserved. An old axiom says, "Notions thrive in spite of bad government," and there is a saying in the law books, de minimis lex non curat, (the law takes no heed of trifles).
But the worst pill in our municipal pharmacopoeia, is the city attorney. He is a worse element of discord than a green apple to our internal arrangements. He is not wanted, and he will not take himself away. His demand is for specific charges, he declares he will not be suppressed by mere clamor. He seems to have succeeded in making himself odious to the entire community. Petitions have been circulated asking him to resign; a resolution to the same effect received the unanimous support of the council. But these delicate hints he treated with supreme scorn. The council, finding it had a tough customer to deal with, threw away reserve, and its next step was to declare the office vacant. This was supposed to be a sockdologer.
"Time was when the brains were out, the man would die."
But this shot glanced off as harmlessly as the frigate Cumberland's broadsides rained upon the rebel ram Merrimac. The vote of the council being unofficially reported to this disciple of Thomas, he laughed with intense enjoyment, and informed the mayor they had not done with him yet. He still affects to perform the duties of the office; and expresses his clear conviction that he is entitled to the pay.
At the council meeting last week, Mr. Hight inquired of the mayor if he had appointed an attorney to fill the vacancy. His honor replied he had not, as he was unwilling to burden the city treasury with two attorneys. He then declared his belief that the proceedings in ousting that much reprobated official were not in conformity with state, and were hence invalid. Mayor Schiffbauer's understanding of this matter has been explained in our columns before. His reading of the state law creating our city charter is that in removing a city officerother than the mayor, justice of the peace, and constablewritten charges must be presented, and the officer against whom they are preferred, be heard at the bar of the council. This idea has probably been engendered by his honor's readings in history. Our schoolboy imaginations are very vividly impressed with the proceedings in attainder of several British ministers; and the American constitution prescribes an elaborate form for the trial on impeachment of the president. But a strict construction of the provision warrants no such resort to stage effect. The offending official can be removed for cause, on a majority vote of all the members of the council.
Has not a cause been given? Incompetency. Has not another cause been set forth, an inherent cussedness, and a sort of true inward perversity, which set every man against him, and create such friction that the car of our city government cannot roll on with this extremely objectionable passenger aboard. Our British forefathers would duck a village scold, and in this country as well as abroad, a litigious, quarrelsome person can be restrained on a charge of barratry. "General cussedness" being deemed too indefinite a charge to bring against a city officer, a more direct and tangible cause was assigned, and for incompetency the office of city attorney was declared vacant.
Here comes in the deadlock. The irrepressible Stafford affects to ignore the authority of the power that created him, and the mayor encourages his recalcitrancy by refusing to fill the vacant office. The councilmen regard each other in perplexity. Boss Tweed's embarrassing query, "What are you going to do about it?" comes home to them in full force. It will not do to give up, they all declare, in talking over their embarrassment, but no two seem to agree in the manner they ought to proceed. The TRAVELER has no suggestions to make, because the situation is too sensational for a reporter to desire to see changed. In Chicago a heavy snow fall last winter filled up the street and car tracks and seriously impeded commerce. Large bodies of laborers were set to work to remove it, but it was found that after all the shoveling was done the snow was still there. So with our inevitable city attorney. The people may abuse him to their fill, and the council dispose of him in every variety of way; but he bobs up smiling and serene after the most merciless vivisection, and seems rather to enjoy the torture of which he is made the victim. Why don't the president appoint him minister to Siam? The mission belongs to this state.
Since the above was in type, the council at a regular meeting, last Monday, at the request of the city attorney preferred by the mayor, withdraw its charges against that official, on the condition that he tender his resignation. It was alleged that harsh measures had been passed, as an opportunity had not been afforded him to resign before the matter had been brought up in council and the office declared vacant. This method of solving a difficulty and removing friction being approved by the council, on motion the resolution was reconsidered and revoked, and the city attorney requested to hand in his resignation.
Mr. Stafford being called for, made a brief address, in which he said he was the victim of clamor; that a crusade had been engaged against him without definite charges being made, and all the proceedings against him adopted by that body were tainted with irregularity. But since it was insisted that his incumbency in office was the cause of irritation, and his withdrawal was demanded in the public interest, he was ready to sacrifice his own rights and step down and out on these conditions: That his pay be allowed him till the 17th inst., the end of a month in his engagement, and also that he be allowed his fees as counsel in the case of Ward against William J. Gray.
Mr. Hill said it would be more graceful in Mr. Stafford to resign unconditionally and trust to the magnanimity of the council.
Mr. Stafford said the gentleman had not attended council meetings as regularly as he (the speaker) had.
The mayor here interposed with a personal guaranty that Mr. Stafford's salary should be paid to the 17th as demanded, and the fee he asked in the city marshal's case, as the council was bound to protect its own officers, he had no doubt that body would allow. Whereupon the resignation was written out and tendered, as requested, and formally accepted by the council.
John Stafford, the night watchman, who has worn the star since he was declared discharged a week ago, was formally reinstated. Mr. Hight declared he had been too hasty, that his zeal had outrun his discretion, that he regarded it as one of the deadly sins to trench on the mayor's prerogatives, that in future he would keep a watch on his lips, and uppermost in his soul was the saying of our dead hero, "let us have peace."
The curtain was rung down at a late hour with the mayor and councilmen shaking hands all round, the city clerk mounted on the reporter's table singing the doxology in long meter, and the TRAVELER reporter rushing furiously down stairs vociferating that his occupation was gone. It was a good old-fashioned love feast, and melted the hearts of the beholders.
Arkansas City Traveler, August 5, 1885.
We mentioned in our report of the council proceedings, two or three weeks ago, an application made by the Millers' Co-operative Exchange for aid in the construction of their proposed mill. Mr. Gant, who spoke for the delegation, said that Winfield had offered $20,000 in cash, a commodious and eligible site whereon to erect their buildings, and fuel free of cost for five years. But their articles of incorporation required the location of the mill in Arkansas City, and the majority of the stockholders preferred to have the enterprise come here. It was, in fact, an Arkansas City undertaking. He said further that a fund of $50,000 would be necessary to carry out the enterprise, and a donation not exceeding $15,000 from the city would put them in possession of the needed amount. On inquiry from Mr. Hight, the petitioner said a donation of $10,000 would fill their expectations and requirements. The matter was taken under advisement.
Since then a written answer has been given to the Millers' Co-operative Exchange, signed by the mayor and council, denying the request on the ground that the money cannot be raised. Under a state law the city is not allowed to issue bonds to a greater amount than ten percent of the assessed value of the property. Bonds of $20,000 are now outstanding issued in behalf of the water power company, and $5,000 additional to provide a sinking fund. Recently the city voted $20,000 to be issued to the Kansas City and Southwestern railway, and this exceeds the limits imposed by law. An application to businessmen and property holders has been suggested, but the time is inauspicious for any such request. What steps the association will take, with this refusal before them, we are not informed.
Arkansas City Republican, Saturday, August 8, 1885.
A large and enthusiastic meeting was held in the Baptist Church, last Sabbath evening, in the interest of law and order in our community. The meeting was organized by calling Maj. Sleeth to the chair, and appointing N. T. Snyder, secretary.
Some excellent music was rendered by the choir, after which Rev. Fleming read the Law of Mt. Sinai and the thirteenth chapter of Romans, and Rev. Witt led in prayer. Short speeches were made by Messrs. Hill, Jenkins, Campbell, Fleming, Buckner, Witt, Kreamer, Hight, and others.
The meeting developed the fact that there is a deep and wide-spread feeling bordering on indignation in the hearts of the people at the lawlessness apparent on every hand. Notable in connection with the Sabbath and prohibition laws was this spirit developed. While law- abiding citizens have nothing to fear, and can rely upon the moral strength of the community; yet the individual who wilfully and wantonly violates the laws upon our statute books need ask no favors or quarter as this will not be shown. That this is the case seemed to be the conviction of those who were present in the meeting. There is unquestionably a wicked and wanton violation of both the prohibition and Sabbath laws which is fast giving to our fair young city an unenviable reputation abroad; and against this wholesale iniquity the combined moral force of the community will make itself felt.
It is not the disposition of outraged public feeling to be lenient toward those who have so flagrantly violated not only the spirit but the letter of the law and therefore all law breakers must take the consequences if caught in the toils of an outraged public sentiment when it rises to enforce the law.
As expressing the sense of the meeting, the following resolutions were read and adopted.
Resolved, That we call the attention of the county attorney and the probate judge to the necessity of an immediate investigation of the open and notorious violations of the prohibition law in our city.
Resolved, That we respectfully ask our municipal authorities to use all diligence in the enforcement of all sabbatical laws on the statute books.
Resolved, That these resolutions be published in the city papers, and forwarded to the proper persons.
The meeting was adjourned to meet the next Sabbath evening in September, place to be announced hereafter.
Arkansas City Republican, August 8, 1885.
Stafford has resigned. The council charged that he was incompetent to attend to city affairs and fired him out according to law. Last Monday night at the meeting they swallowed all they had said on the promise of the Mayor that Stafford would get out. After taking back all they had said, the city attorney was called for and upon dictating his own terms, handed in his resignation to take effect the 17th of this month. Mr. Hight refused to take action on the matter. He would not take anything back. Messrs. Dean and Dunn were compelled to go home on account of sickness ere the trying ordeal came to pass. Harmony now prevails and the REPUBLICAN has won a victory to be proud of.
Arkansas City Traveler, Wednesday, August 19, 1885.
Resolutions of the city council of the city of Arkansas City, in the county of Cowley, and state of Kansas, in reference to certain curbing and guttering on Summit street in said city.
WHEREAS, in our opinion it has become necessary, for the benefit of public health of said city, as well as from other causes, that a system of curbing and guttering be constructed along a portion of Summit street in said city, Therefore
Be it Resolved, 1st, That suitable curb and gutter be caused to be constructed on Summit street, on the east side of blocks seventy-nine, eighty, and eighty-one, and on the west side of blocks sixty-seven, sixty-eight, and sixty-nine, all abutting on said Summit street.
Resolved, 2nd, That the city contract for the performance of said work, and that the cost therefore be equally pro-rated among the lot owners abutting on said street within said blocks. That such amount shall become a debt against each of said lots and payable to said city; and said debt shall, from the time of completion of said work, become a special assessment, and shall be certified by the city clerk to the county clerk of Cowley county, state of Kansas, to be by him placed on the tax roll for collection, subject to the same penalties, and collected in like manner as other taxes are by law collected.
Be it ordered that these resolutions be published in the Arkansas City TRAVELER for four consecutive weeks.
C. G. THOMPSON, JAMES HIGHT, A. A. DAVIS, H. G. BAILEY, CALVIN DEAN, City Councilmen.
Arkansas City Traveler, August 19, 1885.
At the council meeting on Monday evening, the mayor and six councilmen were present, Dunn and Hill being absent. The vote of the third ward was canvassed, and A. D. Prescott declared elected. He presented himself and took the oath of office.
The following bills were acted on.
H. Godehard, $6.65, allowed.
Chester Hill, $1, rejected.
G. W. Cunningham, $133.65, of which $24.87 was allowed, the rest held under advisement.
Danks Bros., $54.32. This was for repairs to the engine of the water works. Bill deferred for further consideration.
[The next item pertains to the "O'Neil" party, who got a 17 year franchise for water and gas works with the old council.]
A batch of James L. O'Neil's bills was introduced, aggregating $85.07. The clerk also read a communication, claiming $20,000 damages from the city by O'Neil for refusing to allow him to build and operate water works under a contract made with the city council. The matter was discussed and this claim for damages pronounced a mere bluff, as he had not been restrained from building water works. The mayor read a reply he had prepared to this communication, offering in behalf of the council to allow the bills, on condition that O'Neil return the books and accounts of the city unlawfully in his possession and withdraw this claim for damages. The letter was approved and the clerk was instructed to return Mr. O'Neil's communication.
Claim of T. J. Stafford (ex-city attorney) of $20 for defending W. J. Gray, in a replevin case, was allowed.
A letter from one Thompson, of Ohio, offering to sell a small steamboat of 20 inches draft, to ply on the Arkansas River, was read and tabled.
Rev. Witt and Alex. Wilson notified the council that the board of education of this city, at a recent meeting, had levied a tax of two mills, making the total tax for general school purposes ten mills, which was approved.
Dr. Kellogg complained of the excessive rate charged in the water schedule for sprinkling lawns. He said it was inequitable because livery stable keepers used water profusely all day long, while the owners of lots were restricted to one hour per day. The applicant owned three lots and was assessed $18 for sprinkling, while livery stables paid but $25. Unless the tariff was modified, he gave notice that he should cease to use water for sprinkling purposes.
Mr. Dean said the price had been fixed thus high to discourage lot owners from using water on their lawns. No action was taken on the application.
The mayor mentioned the violation of a city ordinance by W. M. Sawyer, in building a frame addition to a dwelling within the fire limits. He had been arrested a number of times and fined on each occasion by the police justice, which fines were pending on an appeal of the case to the district court. As Mr. Sawyer pleaded a tacit understanding with the council, his honor desired to know whether it was the will of that body that the ordinance be enforced in his case.
Mr. Hight said, if he understood the will of his fellow members, it was their desire that the ordinance be enforced. He had noticed in Mr. Sawyer a disposition to antagonize the council and its ordinances. If he had acted with less precipitation the present trouble might have been avoided. Before he had proceeded so far with his building, he (the speaker) had promised his influence to have the ordinance modified. But Mr. Sawyer had repelled friendly overtures, and attempted to bulldoze his way through. Others had applied for a similar indulgence and been refused, and this flagrant disregard of municipal law was being watched with interest by scores, some of whom avowed their intention to offend in the same manner if Mr. Sawyer came out ahead in the present contest. It was incumbent on this body to assert its authority, or quietly submit to Sawyer bucking it off the track. To give him immunity will be according license to all. He reminded the council that at its last meeting a petition numerously signed had been presented asking a change in the fire limits; also a remonstrance, bearing fully as many names, against the same. Both were tabled. The council had defined the fire limits at the request and suggestion of many of our largest property holders, and they deemed it wise to make no change. Municipal law is positive lawsome writers call it divine lawand it must be maintained. Mr. Sawyer has started out to set it aside, and the issue is now forced on them to compel him to obedience, or give up all further attempt at running the city.
On motion the mayor was instructed rigidly to enforce the ordinance.
The mayor stated to the council that at a meeting of citizens held a few evenings ago to consider a proposition to build water and gas works for the city, a committee of three had been appointed, to act in conjunction with a committee from the council, to suggest the most expedient means of providing the city with a water supply. He believed it was expected that the committee, or some members of it, should visit neighboring towns to see how their water systems worked, and he submitted it to the gentlemen whether any portion of the scant city funds could be profitably devoted to any such use. On motion the mayor was authorized to appoint a committee with the understanding that no money would be furnished to pay any expenses it might incur. The mayor appointed Messrs. Thompson, Dean, and Dunn, and the council added the mayor to the committee.
Adjourned till the next regular meeting.
Arkansas City Republican, August 22, 1885.
Mrs. Jacob Hight has been sick for several days past, but we are informed she is now convalescing.
Arkansas City Republican, August 22, 1885.
Tuesday M. W. Sawyer visited Councilman Hight at his carpenter's shop. During the dialogue which followed, Mr. Sawyer intimated, not in the choicest words of Webster, that Mr. Hight did not always speak the truth. This made the councilman mad. He spat on his hands, ordered Sawyer to go hence from his presence, but the latter promulgated Mary's little lamb doctrine and continued still to "linger near." This did not have a soothing effect on Mr. Hight's wrath, but caused him to about face Mr. Sawyer and apply vigorously the toe of his boot to that part of the latter's body which had oftentimes in his youth been utilized by his parents in the administration of a slipper dose.
Arkansas City Republican, August 22, 1885.
Last Monday night was the regular meeting of the city council. Present: Mayor Schiffbauer and Councilmen Davis, Hight, Thompson, Dean, and Bailey.
Excerpts...
Arkansas City Republican, Saturday, August 29, 1885.
From time to time the REPUBLICAN has made mention of the various handsome business blocks as they commenced erection, but we have never gone into details.
T. H. McLaughlin is the gentleman who has the business block in course of erection on North Summit street. The block is two stories and contains two commodious business rooms, each 25 x 80 feet. It is built of stone with a brick front. Workmen are now busily engaged in putting up the second story. Mr. McLaughlin is one of the pioneers of Arkansas City, and has erected several substantial blocks. Dawson and Hight are the builders and architects.
Am printing all of the next article to show thinking of Hight and others...
Arkansas City Traveler, September 2, 1885.
The citizens' meeting on Friday to provide water works for the city, called by the committee appointed at a previous meeting, was slightly attended. At 8 o'clock, the hour designated, less than a score of persons were in the hall. Half an hour after about sixty had assembled, and the meeting was called to order by the appointment of J. P. Johnson for chairman and Frederic Lockley secretary.
The committee was called upon for the reading of its report. In the absence of Major Sleeth, chairman of the committee, Mayor Schiffbauer explained that at the former meeting of citizens, Messrs. Sleeth, Searing, and J. G. Danks had been appointed a committee on behalf of the citizens, to act with three members of the city council to be chosen at the next meeting of that body. He had appointed Messrs. Thompson, Dean, and Dunn, and the committee had added himself to the number. It was contemplated that visits should be paid to neighboring cities to inquire into their systems of water works; but as this would involve expense, and the methods in use supplying water in Winfield, Wichita, Wellington, and Newton were pretty well known to the committee, they had contented themselves with formulating a plan adapted to the needs of our city which they had embodied in a report. The reading of the same being called for, the mayor read as follows.
To the citizens of Arkansas City.
GENTLEMEN: We, the committee to whom was referred the matter of water works, would respectfully submit the following report.
1st. In our judgment the supply should be obtained at the springs now used by the city for water supply; provided, that after being subjected to a thorough test, the supply shall be found adequate to meet all demands, and the quality to be pure and wholesome, and provided further, that the company securing the franchise will guarantee to exclude all surface matter from said springs.
2nd. That in case the supply at the springs shall be found to be inadequate, or that the surface matter cannot be excluded, then in our opinion, the supply should be obtained from a filter basin near the Arkansas River.
3rd. The system should be standpipe and holly combined; that is to say, the works to be so arranged that the standpipe can be shut off from the main and give direct pressure from the pumps into the mains.
4th. The standpipe is to be of iron, to be 25 feet in diameter, and sixty feet high, placed on a tower 50 feet high, built of stone laid in cement.
5th. There shall be two pumps, each capable of pumping one million gallons every 24 hours, so arranged as to be run either separately or together; and two boilers arranged the same as pumps, and each capable to run the pumps at full capacity with easy firing.
6th. In our opinion there will be required 5,630 feet of 12 inch main, running from the works, if situated where the present works stand, through Third Avenue east to Fourth Street, and from Third Avenue north through Summit Street to Ninth Avenue; 8,310 feet of 8 inch main to be placed in Sixth and Eighth Streets, running from Third Avenue north To Seventh Avenue and through Ninth Avenue, running from Fourth Street west to Tenth Street; 12,470 feet of 4 inch pipe to be placed in Fourth, Fifth, Ninth, and Tenth Streets, and running from Third Avenue north to Ninth Avenue, and from Tenth Street west to Eleventh Street, thence south to Eighth Avenue, thence east to Tenth Street.
7th. That in order to give proper fire protection for the territory covered by this plant, it will require 59 fire plugs to be placed along this system, which plugs we have located as per map, which can be seen at the city office. We therefore recommend that the city take 60 hydrants, and in lieu of the additional hydrant, the city cause to be contracted a watering and drinking fountain for the use and benefit of the public, which should be open and free at all times. Said fountain to be placed on Fifth Avenue, near Summit Street.
8th. We would further recommend that the city solicit bids for the construction of such a system of works, taking the number of hydrants as a basis, and that the successful bidder be required to furnish bonds to the city in the penal sum of $20,000 for the faithful performance of the contract, and guaranteeing that the work, when completed, shall be capable of throwing water from 5 hydrants at the same time from standpipe pressure alone a distance of 65 feet high; and by direct pressure from pumps, 100 feet high.
Your committee desire to state that as the city council made no appropriation to defray expenses, they have not made any effort to visit other works, and from the most reliable information we have been able to gather, we are of the opinion that the standpipe and holly system is the only feasible system for our city to adopt, and in the system we have herein suggested both these are combined.
W. M. SLEETH, CHAS. H. SEARING, J. G. DANKS, C. G. THOMPSON, F. P. SCHIFFBAUER, CALVIN DEAN, ARCHIE DUNN.
The chair inquired what should be done with the report. A pause ensued. The secretary moved that the report be accepted, but he found no second to his motion. To remove the chilling apathy, Mr. Lockley explained that his motion was necessary to bring the report before the meeting for discussion, but it did not involve its adoption. The disposal of the report would be effected by a subsequent motion. This brought out a weak-voiced second to the motion. On the motion being put by the chair, not a voice was raised in support or disapproval.
Judge Kreamer in reproof of this deathlike apathy said he thought the meeting should take interest enough in the proceedings to express its will on the question before it. The committee had devoted time and labor to perform the duty assigned it, and now that its report was submitted, it was the business of those present to accept or reject, not to let the matter go by default.
The motion of the secretary being again put to the meeting, it was adopted by an emphatic vote.
Mayor Schiffbauer went over the report and explained its provisions in a detailed commentary.
Jacob Hight said he would like to know something about this funeral; it was inexplicable to him because he saw no corpse. He had listened to the report of the committee with interest; they had reduced the question of a water supply for the city to tangible shape, and he for one thanked them for their intelligent labors. A good and efficient system of water works was not only of interest at the present time, but it affected the welfare and happiness of our children and our children's children. The proposition set forth in the report appeared to him reasonable and adapted to our wants, but he hoped to hear it discussed with becoming spirit. No city could prosper and present a good bill of health that was not provided with an adequate system of pure water. He was aware the city was not able to put in its own water works, and hence it must contract with other parties to supply the machinery. It was agreed by all that our want was a pressing one, and now was the time to do something definite and decisive toward the accomplishment of that end. The committee was to be commended for spending no money at the expense of the city treasury in running about the country.
A. D. Prescott was much gratified with the report; he agreed with the last speaker that it entitled the committee to the thanks of the people in whose interest they had labored. The question of expense was first to be considered, and he desired to know whether the outlay involved in the plan proposed could not be cut down. Any company that undertakes to build water works for a city, does so with a view to the profit to be made; and their charge would be based on the sum of money expended. He thought provision was made for an unnecessary length of 12-inch pipe. The size of the standpipe might also be reduced. He would like to hear some estimate of the probable cost of the system sketched in the committee's report.
J. G. Danks said the main that was proposed to be laid might be larger than the present wants of the city; but the committee thought it best to lay pipes big enough to answer future needs and save the expense of tearing them up five or ten years from now to substitute others of larger capacity. An efficient water supply in case of fire must be provided at all cost. An 8-inch main might answer all purposes for the next five or six years, but if the city attains the growth we expect, at the end of that time it will be inadequate. Iron pipe laid down here would cost from $35 to $40 a ton. The cost of the tower, the standpipe, the engine, and pumps could only be learned from the bids to be sent in. He thought the total expense of the system proposed in the committee's report would be about $50,000. Sixty hydrants were proposed, and for this reason, the rent of 40 hydrants would aggregate as much as the rent of the larger number. The first contract also sets the standard of rents; and if more hydrants should be required at any future time, the rent will be the same as of those already in use. And he believed the city could not be properly protected from fire with a smaller number.
Judge Kreamer moved as the sense of the meeting that the committee be authorized to advertise for bids, and report the result at a future meeting, which was adopted. Adjourned.
Arkansas City Republican, Saturday, September 12, 1885.
The city council met in regular session Monday evening with Mayor Schiffbauer, Councilmen Prescott, Davis, Hight, Dean, and Dunn present, and Hill and Bailey absent.
The following are the different committees as revised by the mayor.
Finance: Hill, Davis, and Prescott.
Printing: Prescott, Dean, and Hight.
Streets and Alleys: Dunn, Thompson, and Bailey.
Public Improvements: Dean, Davis, and Hight.
Ordinance: Thompson, Dean, and Prescott.
Water Works: Thompson, Hill, and Dunn.
Sanitary: Hight, Hill, and Davis.
Excerpt...
Arkansas City Republican, Saturday, September 19, 1885.
Last Saturday evening the Republican primaries were held in the four wards of Arkansas City and Creswell Township. The following are the delegates chosen.
FIRST WARD. The convention was held at G. B. Shaw & Co.'s lumber yard. It was called to order at 7:30 with a good number of mugwumps, Democrats, and one or two Republicans in attendance. F. M. Peak, a life-long Democrat, with the exception of one time that he voted for Blaine and Logan, was made chairman of the meeting. W. D. Kreamer, greenbacker, filled the exalted position of secretary. A motion was made that delegates be elected by acclamation, which, on being carried resulted in the selection of the following mongrel combination of delegates.
Jacob Hight, Republican.
W. D. Kreamer, 1st ward politician and greenbacker.
T. D. Richardson, St. John; and F. M. Peak, Democrat.
The alternates were Jas. Ridenour, A. E. Kirkpatrick, W. D. Johnson, and J. M. Smiley.
The REPUBLICAN suggests that the alternates should be recognized instead of the delegates. We are glad to inform our readers that the Democrats of the First Ward were sailing under a good name for once.
Arkansas City Republican, Saturday, September 26, 1885.
The city council convened in regular session last Monday with the following members present: Mayor Schiffbauer and Councilmen Prescott, Davis, Dean, Thompson, and Hight.
Excerpts...
Arkansas City Traveler, October 21, 1885.
The City Council met in regular session on Monday evening, all the members present, acting Mayor Thompson in the chair.
The council reconvened at 9 o'clock on Tuesday morning, having surveyed the ground over which the K. C. & S. W. Co., asks the right of way. Ordinance No. 24 (Published in another column), was taken up for consideration.
After the reading of the first section, Mr. Hight inquired whether the city would be responsible to property holders for any damage they might sustain, or whether their recourse would be to the railroad company.
Judge Sumner was sent for to advise the council in considering the ordinance. On taking his seat in the chamber, the judge said as the city granted the right of way, it was responsible to property holders for whatever damage might be done, but a provision might be inserted in the ordinance rendering the railway liable to the city for all costs, damages, and expenses that might be incurred by reason of granting the right of way.
On the section being put to the vote, Mr. Hight said he should like a provision inserted requiring the company to come here with their main line and not put us off on a spur.
Mr. Hill said such a clause was not needed, there was no danger of the company going to Geuda Springs on the proposition that was before it. The inducement offered was the issue of $21,000 in bonds to be voted on in Walton Township in a week or two. This would not pay the cost of building the road. There was 13 miles of track to lay and a bridge across the Arkansas River 800 feet long to be supported on solid masonry. This structure would cost $35,000. He then explained at some length how this new arrangement, which had so alarmed the people here, had been brought about. Certain parties in Winfield have property interests in the new town they had laid out to the west of that city; some of them, perhaps, having seats in the city council, had influenced that body to refuse its assent to the Kansas City and Southwestern track being carried through eastward of the Santa Fe track. In granting the right of way, they required the road to come out on the west side and built across that track. Thus in coming to this city they were west of the Santa Fe, and there was a doubt whether they would be allowed to cross it again. For this reason the company asked the right of entering the city by one of two ways, in order that a pressure might be brought to bear on the Santa Fe people. Suppose you give the right of way along First Street. We shall then have to cross their track again. This crossing they may refuse, and in a lawsuit that may result, we may be hindered by a perpetual injunction.
A right of way along Third Street will place our track between the city and their road. This they will certainly not approve. It would suit our purpose better, and be better in all respects, to come in on First Street, but we want the means of getting there. If the choice of the two roads is left open, the speaker had no doubt that the Santa Fe company would grant the right to cross their track rather than have our road come in between them and the city. The ordinance was then read by sections and adopted, and the council adjourned.
Arkansas City Republican, Saturday, October 24, 1885.
The council met in regular session Monday evening. Members present were councilmen Thompson, Dunn, Dean, Hill, Hight, Bailey, and Prescott. C. G. Thompson, acting mayor, presided.
The allowance of a few minor bills occupied the attention of the honorable board for a short time when they passed on to other business.
At 9 a.m. the council convened with Councilmen Hill, Davis, Bailey, Dunn, Hight, and Thompson present. Mayor Schiffbauer presided.
The ordinance, No. 24, was taken up, read, voted upon, and passed. This ordinance grants the right of way to the K. C. & S. W. Railway through the city on 3rd or 1st street.
Council convened with Mayor Schiffbauer, Councilmen Thompson, Davis, Dunn, Hight, and Bailey present.
Arkansas City Republican, Saturday, October 31, 1885.
Last Monday evening several of our leading citizens met in the office of Judge Pyburn, for the purpose of organizing a citizens committee, its object to be to protect and promote the interest of Arkansas City, in any way that would tend to help and sustain the rapid growth of the Border City. A. J. Pyburn was called to the chair, and M. N. Sinnott was elected secretary. A temporary organization was made and an adjournment was taken until Tuesday evening at the same place, when a permanent organization was made by electing A. J. Pyburn, president; H. D. Kellogg, vice president; M. N. Sinnott, secretary; N. T. Snyder, assistant secretary; W. D. Mowry, treasurer. A finance committee was also appointed consisting of the following: A. A. Newman, H. O. Meigs, and W. D. Kreamer. Also an executive committee as follows: G. W. Cunningham, Wm. Sleeth, Amos Walton, H. D. Kellogg, N. T. Snyder, T. H. McLaughlin, W. D. Mowry, A. D. Prescott, and F. P. Schiffbauer. Committee made an assessment of $5.00 on all members and it was also decided that any citizen of good standing could become a member by paying the same fee.
The following are the charter members.
Names selected by the committee: Chas. Sipes, Geo. Howard, Geo. Cunningham, Wm. Mowry, Rev. Fleming, F. P. Schiffbauer, A. J. Pyburn, H. O. Meigs, Jas. L. Huey, Wm. Sleeth, W. D. Kreamer, A. A. Newman, A. D. Prescott, Jacob Hight, T. H. McLaughlin, O. S. Rarick, Jamison Vawter, J. P. Johnson, H. D. Kellogg, Ed. Grady, O. P. Houghton, M. N. Sinnott, Geo. W. Miller, N. T. Snyder, Amos Walton, Jas. Ridenour.
Arkansas City Traveler, November 4, 1885.
On Monday evening of last week, about a score of our prominent citizens held a meeting in Judge Pyburn's office to consider the most practicable means of advancing the interests of this city. The views expressed were that in a rapidly growing country, where incoming population is apt to seek new channels, and business interests are created by the changing tide of affairs, it is necessary for every city that seeks growth and prosperity to be on the alert and lend its hand in shaping matters to its own advantage. It was agreed that to put the forces of a community to the best avail, it is necessary to have some organization to depute some number of men of good judgment and business acumen to watch the changes in the kaleidoscope of social life, and suggest means for turning them to proper advantage; to perform the duty of a picket guard in the army. In fact, holding themselves in an advanced position, and watching every movement that comes under their notice. As an initial step to the organization sought after, the meeting chose of the persons present, Messrs. A. A. Newman, A. D. Prescott, G. W. Miller, N. T. Snyder, and Amos Walton as an executive committee, with power to add to their number, and report to a public meeting to be held in the Opera house the following evening.
On Tuesday the Buckskin Border Band stationed outside that popular place of amusement, gave notice to the public that business was to be done by playing several choice airs in their usual artistic style. Several score of people gave heed to the summons, and by 8 o'clock there were about a hundred assembled. The meeting was called to order, Mayor Schiffbauer was chosen chairman, and our new postmaster, M. N. Sinnott, appointed secretary. Amos Walton, on behalf of the originators of the movement, was called on to explain the object of the meeting. He told what had been done the evening before, and handed to the secretary a list of names selected by the committee to add to their number, and said he would then ask the sense of the meeting on the choice made. The secretary read the following names.
C. R. Sipes; G. W. Cunningham; Rev. S. B. Fleming; A. J. Pyburn; H. O. Meigs; W. M. Sleeth; Jacob Hight; O. S. Rarick; J. P. Johnson; Ed Grady; Geo. Howard; D. Mowry; F. P. Schiffbauer; James Ridenour; Jas. L. Huey; W. D. Kreamer; T. H. McLaughlin; Dr. Jamison Vawter; Dr. H. D. Kellogg; O. P. Houghton; M. N. Sinnott.
Mr. Walton said he commended the object of the proposed organization because it gave our citizens the benefit of the counsel and services of two dozen of our most experienced citizens (He wished to exclude himself from self commendation.) who would be on the lookout for opportunities to turn to the public good. The plan as he sketched it was for those two dozen sagacious men to mature among themselves whatever movements would advance the public good, and then call a public meeting to whom their plans could be unfolded and action taken on them. On motion the list of names read by the secretary was approved.
Several other speakers followed in like strain.
Frank Austin preferred to have the organization placed on a broader basis. It had been called a board of trade by some speakers, and he wanted it made one in fact. He wanted membership thrown open to all eligible persons, and stated times of meeting. To create a fund for any sudden use he would have an initiation fee and an annual subscription.
But this proposition was generally opposed on the ground that it was taking the organization out of the hands of those who framed it. The meeting having nothing further before it, adjourned.
At a subsequent meeting of the executive committee, on the 29th, an organization was effected by electing A. J. Pyburn, president; H. D. Kellogg, vice president; M. N. Sinnott, secretary; N. T. Snyder, assistant secretary; W. D. Mowry, treasurer. It was also decided to increase the membership by admitting any fitting person on payment of $5 initiation fee. The following committees were appointed.
Finance Committee: A. A. Newman, H. O. Meigs, W. D. Kreamer.
Executive Committee: G. W. Cunningham, W. M. Sleeth, Amos Walton, H. D. Kellogg, N. T. Snyder, T. H. McLaughlin, W. D. Mowry, A. D. Prescott, F. P. Schiffbauer.
Arkansas City Traveler, November 4, 1885.
Council met at 7:30 on Monday evening, Mayor Schiffbauer presiding. Councilmen Bailey and Hill absent.
Arkansas City Republican, November 14, 1885.
The dancing club of which Miss Hight is instructress, now holds forth in one of the rooms in the Burroughs' block.