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Chapter 37: One-Member County Courts in Butler County |
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Today Butler County is governed by a three-member county court, but in two different periods it has been governed by a one-member court. In 1855 the General Assembly ordered that the counties of Stoddard, Butler and Ripley be organized into a county court district with one judger for the district. In this county it was known as the Butler County District Court.
In 1855 the members of the Butler County Court were John N. Yarber, John Eudaley and James W. Morrow. Seemingly the court members did not have advance notice of the plan of the General Assembly to abolish the county courts in the three counties for on April 28, 1855, the Court adjourned until the second Monday in June next. We assume the June meeting was not held since the court records do not contain minutes for such a meeting. After the April 1855 meeting the next heading title in the Court minutes is, "District County Court Pursuant to notice given Present the Honorable Jonas Eaker Judge of said Court. Sept. 3rd 1855." We do not know whether Judge Eaker was elected in a regular or special election or was appointed to the new position by the Governor. Neither do we have any personal information on him, not even the county of his residence.
The work of the District Court was the same as for the former County Court. Below we quote a few of the orders of the Butler County District Court.
"Ordered by the Court that hereafter the County Courts of this County be held on the 1st Mondays of September, December, March, and June."
"Ordered that the sheriff of this County offer for sale the remaining portion of the swamp lands of this County on the sixth day of December next and that he give notice of the same by posting up in each Township three writing hand bills and by having the same advertised 8 weeks to the Cape Girardeau Eagle and the Jackson Courier."
"Ordered by the Court that Thomas Kinney a minor be bound as an apprentice to John W. Gregory until he becomes 21 years of age."
"James S. Ferguson presents his bond as superintendent of Public Works with securities which is approved of by the Court."
"Ordered by the Court that John C. Smart be allowed the sum of thirty three dollars and 56 cents against the County of Butler in the State of Missouri for assessing 379 names in said County of Butler in the year A.D. 1855 that he have a warrant for the same." (The assessor also was allowed the same amount against the State for the tax list due it.)
"Ordered that W. R. Hodge have the privilege a ferry across the Black River in this County near where the old Military Road crosses said river…"
"Ordered that this Court adopt the seal of the County Court of this County for the authentication of all records and process."
"Ordered that Theodorick Vandover be appointed overseer of 1st division of road leading from Cape Girardeau to William Vandovers and he commence at Vandovers and end at Cane Creek bridge and that he apply to James Byrn for a list of his hands."
The compensation of the District Judge was on a fee basis, two and one-half cents for each court order made. December 6, 1855, the following pay order was made, "Ordered by the Court that Jonas Eaker be allowed the sum of twenty one dollars and fifty cents for passing eighty six orders as Judge of this Court and that a warrant be issued for the same."
We do not have the date, on which the General Assembly abolished the District County Court, but its last session in Butler County was December 9, 1856, a three-member county court was again in session. The members were John Eudaley, James W. Morrow and John N. Yarber, same as on April 28, 1855.
From April 13, 1857 to April 29, 1873, the county government was in the hands of a three-member court. At the beginning of the year 1878 the Court members were John F. Lane, Thomas J. Caldwell and John C. Patty. We do not have the data on which the General Assembly abolished the three-member county court and substituted therefore a one-member court. The last meeting of the above court was April 29, 1873.
The County Court next met May 26, 1873, with John F. Lance as Justice. (In 1873 the members of the County Court still referred to themselves as Justices). Lane was succeeded by John C. Patty, and he in turn was succeeded by Lane. The last meeting of the one-member court (Lane as Justice) was December 16, 1878. On January 27, 1879, a three-member County Court was again in office, the members being Daniel Epps, Thomas M. Johnson and Joel Rushin. Daniel Epps was president. This seems to have ended the attempts of the General Assembly to streamline county government with a one-member court.
We have some biographical information on John F. Lane and John C. Patty, two of the men who served as County Court Justices of a one-member court in Butler County. John F. Lane was an attorney, born in Tennessee, and came to Butler County about 1869. He was also Probate Judge and Prosecuting Attorney. Richard L. Metcalfe, in "A View of a Growing Town," states that Lane was one of the trustees who received title to the site on which was built the first church building built by the Methodist Episcopal Church in Poplar Bluff, about 1871.
John C. Patty was born in Union District, South Carolina, in 1823. At the age of eight years he moved to Tennessee with his parents. He came to Butler County in 1852 and purchased forty acres of land on Cane Creek. Goodspeed's "History of Southeast Missouri" states that in 1888 he owned 980 acres of land on Beaver Dam. He was a farmer, a blacksmith and a wagon-maker. In the Civil War period he was a Union Democrat. He told the interviewer for "Goodspeed's History" that he had served six years on the County Court, was re-elected and then was "legislated out." This undoubtedly referred to the abolition of the three-member court by the General Assembly. Evidently he spoke with considerable feeling about the matter. We doubt if the one-member county court plan was ever very popular with the people.
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