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The War of the County Seat
by
Patricia Blake


Part One: The Beginning

"In the beginning was God..."
Genesis 1:1

In the beginning, Butler County was a vast prairie with enormous character. God's golden prairies. Not only were there numerous streams and rivers but a rolling landscape that boasted of numerous varieties of trees and limestone of the highest quality. On the site that is now the city of El Dorado, one of it's founders exclaimed as he first viewed the area, "El Dorado!" which means the golden land in Spanish. By the end of 1870, Augusta, located to the southwest of El Dorado had nearly every quarter section within ten miles of its early boundaries occupied. The following year, a second addition was added. Two cities...two beginnings. But amidst the hustle and bustle of rising businesses and new pioneers, there was uneasiness brewing between the two communities.

Posted in the Emporia News on January 14, 1870 an article read: "El Dorado seems to be flourishing beyond her former experiences. Business is brisk, whiskey scarce, town lots rising. The town is yet in its rough infancy, a total Stranger to white paint and pine siding. Below El Dorado, the valley widens, and farms are being rapidly opened. Augusta is less excited than El Dorado, but seems to be doing a good business. Douglass, near the Southern line of Butler County, has a beautiful site, three stores, extensive waterpower, and one of the best hotels on the border. Butler county is larger than the State of Rhode Island: too large for convenience or comfort. There is much talk about carving a new county out of it and Cowley; in which case, either Douglass or Augusta would probably be the county seat." The editor of the Emporia News at this time and the author of the previously mentioned article was P. B. Plumb, former employer and lifelong friend of Thomas Benton Murdock. Murdock soon would become the editor of the Walnut Valley Times, one of El Dorado's early newspapers, with the first issue being printed on March 4, 1870. Mr. Murdock, sometimes known as "T.B." other times as "Bent", was an outspoken opponent of the county seat being moved from El Dorado as well as the division of the existing counties. He was a strong supporter of El Dorado and Butler County, being active in politics and in the affairs of Kansans in general. Although respected for his fairness in journalism, criticism abounds for people that sit in prominent positions in the public eye. Mr. Murdock was not only aware of this but also fit for the task.

On March 3, 1871, almost a year from the first date of publication of the Walnut Valley Times, Mr. Murdock allowed an article to be printed that at the very least must have put a splinter in the eye of those that were already upset about the county seat question. The article was entitled, "The County Seat Question. A New Plan for a Perfect Settlement of the County Line and County Seat Question." The article was a jewel of sarcasm and was signed simply, "C.H." The author went on at great length describing a perfect plan for dividing the county into townships from corner to corner each six miles square allowing for each of them to be "County Seat for a given time, say for one or two weeks every year." He went on to explain: "As we cannot afford to build forty or fifty Courthouses, I propose to build one Courthouse and Jail on wheels, and move said building from city to city to the last number at the south line of the county, and thence backward in the same order to the place of beginning." He also suggested that the printers in each city could then become the official court newspaper and publish a list of where the Courthouse could be found at any given time. Sarcasm is a funny thing; some consider it quite humorous, while others are enraged by it.

An election was proposed and held concerning the county seat issue and as noted in the Emporia News on April 28, 1871: "El Dorado retains the county seat of Butler County. It had 31 majority in a vote of nearly 1500. In Augusta 19 votes were cast for El Dorado, and in the latter place 3 for Augusta." At this time it was expected that the Land Office would remain in Augusta. But the following year, the Land Office was moved to Wichita. This was a great disappointment for the citizens of Augusta. And so it began...the County Seat War between El Dorado and Augusta. It was far from over and the worst was yet to come.

Part Two: The Tragedy

"Though a woman can starve for lack of a flower,
even though bread be plenty;
And a woman can starve for lack of a word,
even though there be love"
Roscoe Fleming

"Can it be? Can it be?" These were the words echoing throughout El Dorado and subsequently throughout the state as news surrounding the untimely and shocking death of Frances Crawford Murdock, wife of Walnut Valley Times editor, T.B. Murdock, became known. Marshall M. Murdock, editor of the Osage Chronicle and brother of T. B., had the grim task of taking over the editorial duties of the Times for his grieving brother and reporting on the news of his sister-in-laws death. In an article entitled "Our Affliction" he passionately described the death of Mrs. Murdock.

A storm of extreme magnitude had recently hit El Dorado as often happens during the spring and summer in Kansas. There was a tremendous amount of damage and many suffered injuries. As if it were an omen, this storm was happening just prior to Mrs. Murdock's descent into a place within herself that only few ever know and most only hear of or read about. She was described as being "extremely delicate, and illy calculated for the hardships and excitements of a frontier life." When the sky blackened and the winds roared, fear arose in many until the storm had subsided. The mood of the day must have been one of concern for the injured and contemplation as to how to repair the damaged property. T.B. noticed something not quite right with Frances, known affectionately as Frank by those close to her. So much so that he wrote a letter to his parents and friends in Emporia voicing his concerns but even before the letter had reached its destination not only was she in a serious condition but her young son was dead.

T. B. and Frances lived in a small house opposite of the Courthouse along with a niece that they were raising, eleven years old, their daughter, Mary Alice, and a son, along with a young man by the name of J.W. Hart, who was employed at the Times. Somewhere between the hours of twelve o'clock and one o'clock, T.B. had gone to the post office to collect their mail. On his return, he met Honorable Sidney Clarke and Governor Sharp, at the corner down from his house and visited with them for a short time before continuing on his way home. On approaching his house, he heard his niece and daughter screaming, and as he ran to the corner of his house he found his son dead surrounded by massive amounts of blood. Within a few moments he also noticed the body of his wife lying on the ground, bleeding but still alive. He carried her onto the porch and called for help. In just a little while he would understand the full scope of what had just occurred. Dr. McClaran was able to sew up and dress the young woman's wounds.

Frances had severed her child's throat with a razor causing almost immediate death. And then turning on herself, she cut her own throat attempting to end her own life. What unimaginable horror could have caused this thirty-year-old woman to lose all reason and wander into the depths of temporary insanity? Through pencil and paper and later with her own voice she described what had led her to this destructive end. Could it be in connection to the County Seat question? What a remote idea! But as told by herself and corroborated by her family and printed in the Walnut Valley Times on July 6, 1871 we have the following account:

"The next morning, it being Monday, our afflicted and suffering sister's mind was as clear as it ever had been and then she told her agonized husband all. Upon the heads of the fiends, at best unprincipled villains, who wrote that letter dated Douglass, but mailed at Augusta, and signed 'Committee', rests the blood of that sweet, promising boy, whose bright form we helped to lay away on last Tuesday upon the mound that overlooks El Dorado, and the valley of the Walnut. From the date and reception of that letter, she says her life has been a constant dread of 'vigilanters'. [The letter spoken of ordered the editor of the Times to take back what he had said in his paper or leave the county within ten days.] Sleep fled from her eyes and all desire for food left her. Hourly she was expecting that the ones who had threatened to take her husband's life would execute their threat. Nights she sat by the window a sentinel and guard over him she loved better than her own life, momentarily expecting to see him dragged by murderers from her presence, until reason topped and reeled from its seat. Of course, the late political and county seat contest in which his paper took a prominent part, together with the fearful storm, the terrible effects of which we now see upon every hand about this beautiful town, all went to intensify the fear of that poor mother's and wife's heart...that fear, which she says herself counseled her to hide the razor with which she intended to save herself and boy from trouble. She says the last incident which immediately drove her to the desperate act was the fact of her husband stopping to talk with the gentlemen heretofore mentioned. She asked Mr. Hart who was in the house, what men they were, and how many there were of them; at the same moment she saw a man walking up the street with a rope in his hand. Thinking that the fatal hour had arrived, she picked up the baby, slipped the razor into her pocket, rushed to the back part of the house." It is never mentioned again except to say that Frances Crawford Murdock committed suicide within a day or two after murdering her child.

Her obituary couldn't have been simpler:

Walnut Valley Times Friday, July 14, 1871 DIED: On last Sabbath, July 9th, 1871, FRANK C. MURDOCK, wife of T. B. Murdock, aged thirty years. Our readers are already aware of the sad circumstances surrounding Mrs. Murdock's death; therefore, further comment at this time is unnecessary.

After the "El Dorado Tragedy" as it became known, there were many rumors that T.B. Murdock would leave El Dorado and sell his interest in the Walnut Valley Times but they were just that...rumors. T.B. himself said, "We came to El Dorado to stay, and expect to publish the Times as long as it is supported by the people." Walnut Valley Times, Friday, August 4, 1871

Part Three: The Third County

"When at first you don't succeed,
try, try again."

Emporia News, September 8, 1871, "The Times says that an effort will be made to make a new county from the southern portion of Butler and the northern portion of Cowley counties." Another bond issue would come along in which T. B. Murdock would again voice his opinion. It was said of him, that although he couldn't help but take sides in matters important to the local folks of El Dorado, that he was a fair man and that he always fought a fair fight. Winfield Courier, October 27, 1871, " EDITOR T. B. MURDOCK SEZ: Augusta proposes to rule this county or ruin it. The citizens of Augusta don't care what becomes of the county provided Augusta, is cared for. Of course they cannot carry this bond proposition but it shows just what they would do if they had a chance." November comes from the Latin word, novem, which means nine, as it was the ninth month in the Roman Calendar. In this month, which we have come to associate with Thanksgiving, there is also another interesting connection with many ages past. In Greek Mythology of the 1500 era BC, November is associated with Demeter, the goddess of grain. Demeter was said to have lost her daughter much the same as the sheaf in grain is torn away. Grain elevators and flour mills were beginning to become scattered throughout Butler and Cowley counties as farmers became established and were able to grow wheat for profit. With so much going on it's hard to imagine that a county seat and county division could become such a battlefield but in the Walnut Valley Times, November 3, 1871 it became clear that the Third County idea was not going peacefully into the night. "The Cowley County Censor, published at Winfield, in answer to our article in the TIMES, of two weeks ago, on the proposition to form a new county out of the territory now comprising the counties of Butler and Cowley says: "We regret exceedingly that the citizens of El Dorado favor a division of that county and this. We cannot agree with the TIMES that all the settlers in the northern portion of this county want a third county, thereby reducing this county. True there are many near the northern boundary who are anxious for a division, but not all. Again, we think those of both counties who favor this movement ought to consider well the matter before they act." And finally, the mention of taxes, which some believed to be the reason behind the division. It was noted that a small county pays the same amount of taxes as a large county so therefore if the counties are divided into 3 smaller counties, "the cost will be much more and the taxes will consequently be much higher. We cannot afford to burden ourselves with taxes merely to gratify some town wanting the county seat, when there are so few to be benefited, and so many who will be injured." This article was obviously written with the confidence that the people of Cowley County would oppose any change in county lines.

But of course, Bent Murdock, had to follow this reporting with his own commentary. "The formation of the proposed new county will not affect Butler County in the least. The land in the southern portion of this county has never been taxable and has therefore been of no particular benefit to us. By giving the new county, we would yet have a county larger than three-fourths of the counties in the State. We want peace. The people of Butler County have been in a continual uproar for the last two years on this county-line and county seat question. We see nothing but trouble in the future. So long as these counties remain as large as they are, we may expect war, unless the people become satisfied that the lines cannot be changed. We have not undertaken any underhanded game to divide Butler County." Mr. Murdock, always staunchly opposing the division of the county, either changed his mind or possibly was using some reverse psychology!

At this same time, W.P. Campbell was campaigning for the Legislature as a third party candidate in favor of dividing the counties and was voraciously inviting any that opposed him to meet with him to discuss this matter. He had the full support of the TIMES and T. B. Murdock. Mr. Murdock made it clear that he "has no use for Mr. Isaac Mooney of Augusta and his cronies" stating that "they have been a constant thorn in his side from the 'year one' as they want the county seat at Augusta." Many meetings began throughout Butler County in various towns where debates ensued between Mr. Campbell and Mr. Mooney, who was also a candidate for Representative. One such meeting, which occurred in the town of Towanda, became a spectacle and was attended by people from throughout the county. At this particular meeting there were about fifty people in attendance, including "several ladies". Other prominent citizens took the floor to speak as well. The meeting began with Mr. Mooney and Mr. Campbell giving their speeches and then the other speakers began to give their views on the matters at hand, namely the county seat and county division propositions. After one such individual, Judge Lauck, began speaking he touched a nerve with Mr. Campbell, who rose and requested that he be able to rebut the Judge's comments. A verbal fight began where Mr. Campbell avowed "I arranged for this meeting and will not be brow-beaten by a rabble!"

"Do you call the people of Augusta a rabble?" Lauck demanded of Campbell while picking up a glass and making a motion like he was going to throw it at him. Campbell made no reply. Once again Lauck..."Do you mean to call the people of Augusta a rabble?" Mr. Campbell took hold of a chair with both hands and exclaimed, "I do." Upon which Lauck threw the glass and Campbell blocked it with the chair in his hands, glass flying in every direction. Campbell came after Lauck with the chair and after a scuffle the meeting was adjourned.

A meeting in Augusta didn't go much smoother. Mr. Mooney gave his speech without interruption in the presence of his hometown constituents. Mr. Campbell arose to follow but before he had uttered a word, a lawyer from Augusta, "surrounded by a lot of roughs, arose and asked him if he considered himself as addressing gentlemen or a rabble." Mr. Campbell seemingly remained calm and asserted that he had come to address the public peaceably on the local issues of the county. "It is your meeting and your town, and if you desire to hear me speak, I will!" Several threats were issued. But there were also many individuals at the meeting that wished to listen to what Campbell had to say. A Dr. Whitehorn rose and said: "I hope the people of Augusta will not disgrace themselves, but will allow Mr. Campbell to speak." He further stated that he and others had attended a meeting at El Dorado the previous week "and no man raised so much as his little finger to cast an insinuation or insult, but they were treated as gentleman in every respect." Others also spoke to calm the atmosphere prevailing in the meeting and Mr. Campbell was then allowed to speak.

As time marched on throughout the following year there was talk of citizens "working on the sly" to get candidates nominated and reports of unofficial local "conventions" nominating candidates after ballots had been printed. Rumors and innuendo seemed to be the rule of the day. In the May 24, 1872 issue of the Walnut Valley Times on the front page was an article entitled "The County Seat Question". It simply stated: "Elsewhere we publish the order for an election to be held in this county on Saturday, June 1st, 1872, for the removal and relocation of the county seat of Butler County. The voters of this county have, at three distinct and separate elections, selected El Dorado as the town where the county seat of this county should be. Not satisfied with this, the people of Augusta and immediate vicinity, have succeeded in having another election called for relocation." In the Winfield Messenger of Friday, August 16, 1872, the editorial once again brought up the county dispute. "I cannot see wherein we will be benefited in the least by making three counties out of the present territory of Cowley and Butler counties; but upon the other hand, I can see that it will be an incalculable damage to all our farmers, as we will have a third more county paupers to sustain(county offices). And we will have to build public buildings in three counties where we now have but two; hence, our taxes for everything will be double, if not treble what they are now." In an impassioned plea, this editor requested a look at what was currently going on in Butler County and "why they are still fighting over that old bore, the county seats. Which has been for some years at El Dorado and which was at a vote taken there in June voted away from that place to Augusta by a majority of two hundred and six, but the people of El Dorado knew if the County seat left them once she was a dead dog, so the people of that place issued an injunction on the canvassing of the vote and thereby the moving of the county seat. The case was tried in the district court and the injunction was not made perpetual, hence they took an appeal to the supreme court, and while they are waiting for the final decision the El Dorado vagabonds are pulling the wires...ruin is our final destiny."

Part Four: The Fight That Fizzles

"And the king said,
Divide the living child in two
and give half to the one and half to the other." I Kings 3:25

In the Walnut Valley Times, January 30, 1874, much was said by the editor and others over a movement by the Augusta people to divide Butler County, this time by splitting Butler county in two in the middle. Another bill was also introduced to take off two townships from the northwest of the county. T. B. Murdock was furious! It was reported that they wanted to call the new county "Yates" and introduced and passed the following bill:

"House Bill No. 118. An act creating and providing for the county of Yates, and to amend section 9 of an act entitled 'An Act Defining the Boundaries of Counties,' approved March 3, 1873."

According to special correspondent, James Kelly, on January 26, 1874 a bill had been introduced into the House to create the county of Yates, including that part of the twenty mile strip, which is in Butler County.

Walnut Valley Times, February 13, 1874, "The worst job that has come up in the Legislature as yet is from Butler County. That county has been in a turmoil for years over local questions, and all manner of outrages have been committed. El Dorado is the county seat, and Augusta the town that would like to be the county seat. As Augusta has everything to gain and nothing to lose, she has resorted to the worst kind of skullduggery to make herself a county seat, but the county seat is decidedly obstinate and still remains at El Dorado. Augusta has the worst lot of shysters of any town in the State, and nothing is too low for them to resort to....the Legislature has not taken action on the matter yet, but the bill will be defeated, and Augusta will not be the county seat." Same day...different town...different newspaper... "The Augusta Republican insinuates that El Dorado imports voters from Cowley County and pays them in whiskey. That's rough on Cowley." Eureka Herald.

In an impassioned letter written by T. B. Murdock, from Topeka where he was attending the Kansas State Legislature in the interest of "non-division of Butler County," he admitted that many wanted a "slice of Butler County" but that "We are opposing every effort to change our county lines in any way, shape, or form. We are for Butler County as it is!" He went on to say that "the Legislature, thus far, has only passed three bills, the most important one being the bill allowing them to draw their pay." Ever the purveyor of irony.

So as our story of the war over the county seat in Butler County ends we see that the county lines remained the same and as "life is temporary and death is temporary...freedom is forever." We argue, we orate, we scheme and we have the freedom to vote on the issues that face our daily lives. The outcome is not always what we want or what we think is best but whatever it is we live it. Butler County is and always has been an interesting place in which to live. Our history is rich and colorful. Our pioneers were varied and an important part of who we all are today. And the county seat?

"I returned and saw under the sun that the race is not to the swift nor the battle to the strong, neither is bread to the wise nor riches to men of intelligence and understanding nor favor to men of skill; but time and chance happen to them all." Ecclesiastes 9:11

The End