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Celebrating the 100th anniversary of the Rooks County Courthouse

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History of the Rooks County Courthouses Part One: 1872—1916

By Roger Morris, Member of the Rooks County Historical Society

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In 1867, the Kansas Legislature established Rooks County. Settlement in the county began in 1871 along the South Solomon River and the Medicine Creek Valley and in 1872 Stockton and Rooks Centre were started. Both become candidates for the county seat of Rooks County. Before the county could become organized it had to show a population of 600 residents. In 1872, a census was taken and signatures of 600 legal residents/voters were obtained. Both Rooks Centre and Stockton petitioned Kansas Governor James Harvey requesting their town be named the temporary county seat.

Stockton’s petition included the following: That Stockton become the temporary county seat; That Louis Shults, Lyman Randall and George Brown be appointed as county commissioners; and Daniel K. Dibble be appointed as County Clerk. On November 26th, 1872, Governor Harvey issued a proclamation naming Stockton as the temporary county seat and appointed commissioners and clerk requested in the petition.

On November 30th, 1872, the newly appointed commissioners met and conducted business and appointed George Beebe as the County Clerk Protem. The first order of business was to district the county into four voting precincts: Lowell, Stockton, Bow Creek and Paradise. Commissioners ordered an election to be held December 31st, 1872, to elect county officers, township officers and to vote on the location of the permanent county seat. Election results for the location of the county seat were as follows: Lowell Township: number of votes for the location of the county seat to be located in Stockton 4, for Lowell 39; Stockton Township: number of votes for the county seat to be located in Stockton 87, for Lowell 2; Paradise Township: number of votes for the county seat to be located in Stockton 0, for Lowell 10; and Bow Creek Township: number of votes for the county seat to be located in Stockton 4, for Lowell 1. The total number of votes cast for Stockton was 95 and 42 for Lowell. Stockton became the permanent location of the county seat.

When the Rooks County government was first established, county offices were located in various business buildings throughout Stockton. In May 1878, there was talk of the need to build a courthouse. Stockton citizens were concerned that should a fire break out in town the county records would most likely be destroyed. It was in the interest of the county to provide a suitable place to transact public business in which public documents could be kept securely. It was suggested that the county commissioners be authorized to erect a good substantial building, costing from $3,000.00 to $5,000.00; large enough for the accommodation of the county officers and a suitable courtroom. The courthouse project was spoken of favorably by people from all parts of the county. There was talk that the courthouse question should be put up to a vote through a bond election. In June 1878, McNulty and Randall offered to sell a farm of 160 acres on the river four miles from Stockton for $500.00 to help build a courthouse.

In December 1879, a meeting of Stockton citizens was held to consider the ways and means of securing a courthouse where county records could be kept in safety and the necessary business of the county be transacted more satisfactorily than at present. Stockton citizens were in favor of donating part of the amount required for the erection of a building and bonding the county for the remainder. A committee was created to solicit subscriptions toward the erection of a courthouse and $1,002.00 was secured. This group prepared and submitted a petition to the county commissioners calling for an election to be held for the purpose of voting bonds in the amount of $3,000.00 for the purpose of building a courthouse.

In receipt of the petition commissioners ordered a proposition to be submitted to the voters of Rooks County on February 3rd, 1880 to vote bonds in the amount of $4,000.00 for the purpose of erecting a courthouse in the City of Stockton. The proposition to vote for $4,000.00 bonds for the erection of a county courthouse in Stockton had a great deal of opposition in certain townships because the property within the Stockton Townsite was not subject to taxation. It was thought that Stockton property owners would bear no cost of erecting the courthouse. Property in Stockton was tax exempt due to the fact that the Stockton Townsite had not been proved upon. The matter of getting approved was tied up in the courts and the Department of Interior. However, it was a matter of time that Stockton would be proved up and the properties in Stockton would be taxed. The town site was proved up three days prior to the bond election. News spread through the county that Stockton had proved up on her town site. Many farmers refused to believe the news and called them election dodges to deceive the people and allure them into voting for the courthouse bonds. The proposition calling for voting for bonds in the amount of $4,000.00 for the purpose of erecting a courthouse in Stockton failed. The votes cast against bonds were 1,056 and 302 for bonds. The Stockton and Iowa Townships were the only townships voting in favor of the bonds.

The Stockton Townsite was proved up on January 30th, 1880. A few days thereafter a petition signed by one hundred and seven Stockton citizens was presented to the Judge of the District Court of Rooks County requesting to have the town of Stockton incorporated as a city of third class under the name of “City of Stockton.” The petition was approved April 21st, 1880, and Stockton became a third class city. City officers were elected on May 3rd, 1880, and the first council meeting was held on May 7th, 1880.

A petition was presented to the city council asking for an election to be held in the city for the purpose of voting $3,000.00 in bonds to erect a building to be used for the transaction of public business. The petition was signed by a large majority of citizens. On September 10th, 1880, the city council issued a proclamation calling for a special election to be held October 11th to vote on bonds in the amount of $3,000.00, bearing interest at the rate of 10 percent per annum and running from ten to twenty years, for the purpose of erecting a building for public purposes in the City of Stockton, Kansas. The bond election resulted in a thorough victory for the bonds. Fifty- four votes were cast for the bonds while twenty- five votes were cast against the bonds.

On October 13th, 1880, the Stockton City Council instructed the building committee to contact the owners of lots in Block No.17 North to see if they would deed their lots to the city for building purposes. The building committee reported that H. C. Revis offered his lots for $300.00, $100.00 cash and the balance when he moved his building off the lot. On October 18th on the motion of L. Weber, the city council decided to build the proposed building one hundred feet north from North Second Street on Block No. 17 and as near center east and west as practicable.

The City of Stockton purchased the following lots in Block No.17 North: J.W. Callander sold lots 9, 11, 13, 15 for $1.00; Charles Woods sold lots 1, 2, 3, 4, 5, 6, 7, 8,10, 12, 14 for $1.00; Hiram Lee sold lots 17, 19, 21, 23, 25 for $1.00; and H. C. Revis sold lots 16, 18, 20, 22, 24, 26 for $300.00.

A solid stone two-story building measuring 40 x 50 feet was proposed. The building would be of sufficient size for all courts, county offices, and would provide a public hall large enough to accommodate any kind of gathering. Construction commenced soon after the lots were purchased.

At a Stockton City Council meeting July 6th, 1881, it was moved by J. T. Newton and seconded by J. G. Smith that a deed of city hall be tendered to Rooks County. The motion was carried by a unanimous vote. J. W. Elliott, mayor of the City of Stockton, appeared before the board of county commissioners on July 9th, 1881, and offered for, and in consideration of the sum of one dollar, to make and deliver to the County of Rooks a warranty deed to all of Block No. 17 North of Main Street in the City of Stockton, County of Rooks and State of Kansas. The county commissioners accepted the offer and instructed the clerk to issue a county order in favor of the City of Stockton, the same being payment in full for the above described property.

On July 9th, 1881, Rooks County acquired a 42 x 54 feet two-story structure. The building had county offices on the first floor and two rooms on the second floor (a large room, 40 x 40 feet, for court sessions and a small room for the jury). This building was used as the Rooks County Courthouse until 1922.