The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-01-15
OWNS AN ELEPHANT
IF ELLswoRTH's COUNTY COURT
HOUSE KNOWS ITSELF.
equel to a Long and Bitter County Seat
War Between the Towns Of Kanapolis
and Eilaworth-Fate OF . Magnificent
Building Decided by the Circuit Court
After Three Years of Litigation-Mrs.
Fannie ID. Way of Boston Becomes the
Owner OF Property Valued at $4,000
History ia Detail.

The fate OF another county seat war
and some boom history was settled day
before yesterday by Judge Foster of the
United States circuit court at Topeka.
| The decision handed down by the judge
| was received by United States Commits
sioner Sherman yesterday and gives TO
Mrs. Fannie d. Way of Boston, Mass,
the fine court house OF Ellsworth county,
valued a. $4,000. She viii become the
possessor of this property on March 1.
The case has been in the court for the
PAST three years. Judge Foster took the
case under advisement on October 20,
1896. and now mas decided the matter.
A great many peculiar things have
happened in Kansas, but this is the first
time in its history that a court house
ever became the property Of private in
ciIidual
There is an interesting story connect
ed with the case 1t is the sequel of a
county seat war. During boom times
town-Kanopolis-sp up suddenly in
Ellsworth county and became candidate
for the county seat The people if that
place offered to vote $50, 900 in bonds to
build court house, providing the voters
Of Ellsworth County would change the
county seat from Ellsworth TO Kanopolis.
The proposition was being favorably con-
sidered when the Ellsworth city people
agreed TO raise $4,000 and build a fine
court house if the county seat were per-
nlitted TO remain at Ellsworth. This
proposition was accepted.
This city voted $25, 900 in bonds. and
sold them to John N. Way OF Boston.
Way owned some property in Ellsworth,
and turned in a site for the court house
for $1,000 OF the bonds. A magnificent
building was erected. Just before its
completion 1000 of the unused proceeds
of the sale of the bonds. deposited in
local bank, was lost by the failure of the
bank. Being that amount short. the citi-
zens of Ellsworth held a meeting and de-
cided that If the county at large would
raise the $4,000 needed to pay off all the
bills for construction. the city would
deed over the property in its entirety to
the county. This proposition was accept
ed by the county, and the claims were
liquidated. The transfer was made in
due form.
The city paid the interest on the bonds
for three years, and then becoming in
straitened circumstances brought about
by the panic. they were unable to meet
the interest. In the meantime Way had
died. Mrs. Way brought suit TO enforce
the payment of the bonds and the city
set up the claim that they were void. The
United States court go decided. Then
Mrs. Way went into the circuit court
with bill in equity. claiming that. mas
much as her late husband owned the
property on which the court house was
built. and as he had furnished all the
money 10 erect the building, she should
be given the property. After a bitter
fight she finally obtained judgment.
The decree provides that she shall pay
the county $4,000 for the heating appar-
atus and fixtures in the building and then
take everything on the property but the
which the county will be permit
ted to keep. She has until March l to
raise the money.
While the building is a magnificent one.
yet with the general depression of bust
ness and the low prices of real estate. it
looks good deal as if Mrs. Way had a
white elephant on her hands by the de-
cree of the court.