History of Audubon county, Iowa; its people, industries, and institutions, Part 13

Author: Andrews, H. F., ed; B.F. Bowen & Co.. pbl
Publication date: 1915
Publisher: Indianapolis : B. F. Bowen & company, inc.
Number of Pages: 1014


USA > Iowa > Audubon County > History of Audubon county, Iowa; its people, industries, and institutions > Part 13


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he made it his business to visit all the Democrats in the county and ate with them. He succeeded emphatically in putting out the poison which defeated Mr. Houston. The party vote that year stood one hundred and eighteen to one hundred and fourteen, in favor of the Democrats. Van Gorder was elected by eleven majority. It was considered, under all the circumstances, a famous victory. Van Gorder served four years. At the time he took the office the records were in a deplorable condition, but he worked diligently and straightened them out. He was the father of the financial system of Audubon county.


The elections for county officers in 1870, 1871 and 1872 were not particularly remarkable, except that the court-house and county-seat fights waxed warm, and at the election in 1873 the question of moving the county seat to Hamlin was submitted and defeated. In 1873 the whole people of the county were bristling over the county-seat contest, and the north part of the county was gradually receiving new settlers and gaining strength. An account of this period will be found in the chapter on County-Seat Contests.


Party lines were entirely lost sight of this year. The Exira party met in mass convention of all parties at the school house and, having first established the basis of selecting the candidates from both parties, alter- nately, or nearly as convenient, agreed on the following ticket: H. S. Wattles, Republican, for auditor; W. F. Stotts, Democrat, for treasurer ; John B. Counrardy, Democrat, for sheriff; Harmon G. Smith, Republican, for superintendent, and P. I. Whitted, Democrat, for surveyor. The op- position put up the following nominees : Samuel A. Graham, Democrat, for auditor; H. Ransford, Republican, for treasurer; Samuel P. Zike, for sheriff ; John A. Hallock, Republican, for superintendent, and Dan P. McGill, Republican, for surveyor.


It was a fierce campaign and bitter, not so much for or against the candidates, as it was for and against Exira. The people of the south part of the county were far the more numerous, but were foolishly divided into factions, by old grouches among themselves. The Exira ticket was elected in toto, by majorities from seventeen to one hundred and four. For years afterwards local party lines were shattered and lost. It established a pre- cident in Audubon county, the result of which has not disappeared at the present time. It opened a gulf between Exira and the remainder of the county, which shifted to Audubon against Exira in the county-seat fight of 1879, and which has never closed. An examination of the election returns from 1873 to the present time will reveal the fact that candidates from


.


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Exira on the county ticket have too frequently gone down in defeat, engen- dered by the old strife, and vice versa.


The scope of this work does not afford space for continuance of the subject. From this period-1873-the county newspapers and the county records afford fuller information, and to which the reader is referred. What is here produced covers the period before the advent of newspapers, 1871, and before the county records were so fully kept and preserved. A complete roster of officials will be found elsewhere in the work.


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CHAPTER VIII.


COUNTY SEATS AND COUNTY SEAT CONTESTS.


When Dayton was selected the county seat, June 20, 1855, there were not to exceed seventy voters in the county and nearly all of these resided in what is now Exira township; a few lived adjoining about Ballard's, in the edge of what is now Oakfield township, and there was one settler in section 34, in what is now Hamlin township. Hamlin's Grove was then the center of the business interests. Exira and Oakfield had not then been platted. There were a few settlers living where Oakfield was afterwards laid out and not to exceed half a dozen families about the future town of Exira.


At the time the commissioners located the county seat they visited the settlement at Viola, now Exira, which was the extreme northern outpost of civilization, with no immediate prospect of further extension in that direction.


The first sale of town lots at Dayton was advertised by Daniel M. Harris, county judge, for November 22, 1855, at which time but one lot was sold, the price being fifty cents. The sale was adjourned to June 3, 1856, when eighty-five lots were sold, at prices ranging from one dollar and fifty cents to nine dollars each. That was about the last public business trans- acted at Dayton. The two residents of the town, Mr. Archer and Rev. Mr. Baker, soon moved away, and no one has since resided on the place. It is now occupied as a farm.


The first court was held in the log school house at Hamlin's Grove in November. 1855. The personnel of this first court was as follows: Hon. E. H. Sears, judge; John W. Beers, clerk; Benjamin M. Hiatt, sheriff ; grand jury, David L. Anderson, foreman, Charles E. Marsh, W. H. H. Bowen, J. L. Frost, John Countryman, Ed. Gingery, John Crene, John Seifford, Allen McDonnell, John S. Johnson, Nathaniel Hamlin, Joseph S. Kirk, Richard M. Lewis. They found an indictment against Thomas S. Lewis for illegal sale of intoxicating liquor.


The petit jury were, G. W. Taylor, Mark Heath, Hiram Perkins, James H. McDonnel, William Walker, William Carpenter, George Wire, Reuben Kenyon, Bryant Milliman, Robert Stansbery and James Mounts. The first case was Blanchet S. Shacklet vs. Richard C. Meek. The jury retired to


AUDUBON COUNTY COURT HOUSE


٠٠ ٢.


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the grove to deliberate on their verdict, and decided the case "according to law and evidence."


On March 3, 1856, a petition was submitted to the county judge for removal of the county seat to a place called Viola, now Exira. The prayer of the petitioners was granted and the election held at the house of John S. Jenkins on April 7, 1856. But the proposition was defeated. At an elec- tion held in April, 1861, the proposition to change the county seat to Exira prevailed. Old settlers do not recall any spirited contest on that occasion. On June 6, 1862, a petition was presented to the supervisors for the removal of the county seat from Exira to Oakfield, which was denied. In 1866, a petition was circulated asking the removal of the county seat from Exira to Louisville, which failed for the requisite number of petitioners.


During the years 1872-3 a fierce, hot fight raged in the county over the effort to remove the county seat from Exira to Hamlin. John W. Scott, Esq., of Exira, was leader of the Hamlin forces, assisted by Freeman, San- born, Kimball, Gunn and others in the north part of the county, by O. C. Keith and others from Oakfield, and by Nathaniel Hamlin, Newt Donnel and others from Troublesome. The people of Exira proper were united, "tooth and toe-nail," to resist the effort.


Mr. Hamlin and an able array of associates laid out an elegant town site in sections 1 and 2, in what is now Hamlin township, called Hamlin, in 1872; but the plat was not recorded until the following year.


Petitions for the removal were circulated to all parts and corners of the county, and remonstrances were, in like manner, circulated by Exira people. The excitement was intense and the whole people were on the war-path, tak- ing part in the controversy. Messengers of both factions were out canvass- ing for signers, some on foot, some on horseback and others in carriages. It was a lively time and every voter in the county was interviewed, and some of them many times. As soon as one party would secure a signer to the petition or remonstrance, another canvasser would be after him to get his name on the opposition paper. Printed slips were used declaring how the signer desired his name to be counted, either for the petition or for the remonstrance, as the case might be, bearing date, the day, hour and minute when signed.


There were then living south of Exira some people called "Woods Rats." It was a sort of neutral territory, the people of which did not seem to have any decided opinion on the question, but would sign any and all papers, petition, remonstrance or printed slip, presented to them. They (10)


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vacillated back and forth from petition to remonstrance, and vice versa. One man changed his mind eight times by signing the various papers and slips. The law as it then stood made no express provision to cover such case, and the contestants acted on the theory that the last signing indicated the preference of the party signing; hence the importance of giving exact date of signing to a minute. The law has since been changed in that respect, declaring that where the name of the same person appears both on the peti- tion and remonstrance, it shall be counted for the remonstrance only.


During the last twenty-four hours of the contest all parties were on the alert. The writer was directing the work of the remonstrators, with headquarters at the Houston house. Messengers of both parties were run- ning all night in all directions, seeking the very latest signatures to the printed slips, before mentioned. Royal Lespenasse, the editor of the Sentinel, was doing yeoman service on that duty for Exira, and Newt Donnel was similarly employed for the Hamlin faction. The next day, September 5, 1872, the hearing for decision came on before the supervisors. John M. Griggs was my law partner at the time, but declined to assist the Exira people and professed to stand neutral. I believed that he secretly favored Mr. Scott and the Hamlin faction. He took no active part in the contro- versy. The board of supervisors were John W. Dodge, William H. H. Bowden and John Noon.


When the petition and remonstrance had been canvassed it was found that the petitioners exceeded the names on the remonstrance, and that the signers of the petition were a majority of the voters in the county. It appeared that the Exira people were in danger of defeat. Mr. Scott assumed a triumphant attitude and attempted to inform the supervisors how they should proceed, as if his case was won. I was absolutely alone, without any one competent to advise me, a young man and quite a new lawyer. What I didn't know would have made a big book. So I determined to fight to the end of the road and to the last ditch, as we had been in habit of doing in the army. I objected that the supervisors should not submit the question of the removal of the county seat from Exira to the town of Hamlin to an election, for the reason that it did not affirmatively appear that there was any such place as the town of Hamlin in Audubon county, which was true, and I so argued. The town plat of Hamlin had not then been executed or recorded, so far as the records showed ; and I also claimed that it was uncer- tain that the plat would be made and recorded. Mr. Scott asserted that the town was surveyed and laid out on the ground, and insisted that it was sufficient. He was surprised and taken off his guard. I feared that he


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would proceed to record the plat, nunc pro tunc, or that he would offer to do so. But he did not, and the case was submitted to the supervisors for their decision. They refused to grant the prayer of the petition, Messrs. Dodge and Bowen voting not to submit the proposition of removal to an election, and Mr. Noon voting for the submission. The decision was a glorious triumph for Exira, for the time being. The manner of its accom- plishment was a surprise to everyone, except myself. I had not dared to announce my plan of procedure to anyone before the hearing, for fear Mr. Scott would take warning and attempt to cure the defect.


In 1873 the fight continued with renewed vigor. The plat of the town of Hamlin was executed and recorded in April, 1873, and another petition was presented to the supervisors asking for an order to submit the question to an election whether the county seat should be changed from Exira to Hamlin. The proper order was made for such election and another active county-seat fight campaign ensued. By this time it was the general desire that the question should be settled. From an estimate of the number of voters in the county, it then appeared that a majority of them resided south of the correction line and Exira people went into the contest anticipating success. A better feeling existed between the people of Exira township, although some of the people of Oakfield and Troublesome were still hostile to Exira. During the campaign a bond was given by Exira parties, of which the following is a copy, with the action of the supervisors thereon :


"Auditor's office, Audubon county. Iowa.


"September 1, 1873. Board of supervisors met according to law, mem- bers all present. John Noon in the chair.


"On motion, the following bond was ordered placed on record and printed as a part of the proceedings of the board :


"Know all men by these presents, that we, Charles Van Gorder, A. B. Houston, J. D. Bush, J. A. Hallock, P. I. Whitted and A. Campbell, are held and firmly bound unto the county of Audubon and state of Iowa in the penal sum of five thousand dollars, well to be made out of the goods and chattels. lands and tenements.


"Dated at Exira, Audubon county, Iowa, this Ist day of September, 1873.


"To be void upon the following conditions: Whereas, the honorable board of supervisors of Audubon county, Iowa, did, at the June meeting in 1873, order an election to be held in said county, on the day of the general election in 1873, to determine the voice of the people for and against the removal of the county seat from Exira to the town of Hamlin.


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"And whereas, the citizens of Exira being opposed to the removal of the county seat, and therefore offer and bind themselves unto the county of Audubon, and state of Iowa, to furnish to said county, free of expense, a good and substantial building for the use of the county offices of the county, a room for the holding of the district and circuit courts of the county, and the meeting of the board of supervisors, so long as they may be occupied by the county as public offices, upon the condition that the said county seat remain at Exira, as now located. And in case the said county seat remain at Exira, and the said bonded parties or their representatives build or furnish said offices for the use of the county, and also furnish court room and a place for holding the meetings of the board of supervisors in accordance with the stipulations of this bond, then these presents shall be void, but on the failure to comply with the conditions of this bond on the vote of the people refusing to relocate the county seat, then this obligation be and remain in full force in law, said bonded parties to have a reasonable time after the general election in which to build said offices, and the time to be determined by the board of supervisors on their acceptance of this bond.


"In witness whereof, we have hereunto set our hands the day and date first above written.


"CHARLES VAN GORDER, "JOHN D. BUSH, "P. I. WHITTED, "A. B. HOUSTON, "J. A. HALLOCK, "A. CAMPBELL."


"The above bond is hereby accepted and ordered placed on record and the time for the erection of said building is hereby limited to the first day of June, 1874.


"JOHN NOON, "Chairman Board of Supervisors."


The giving and acceptance of this bond undoubtedly controlled many in favor of Exira. The times were then hard and ready money was difficult to obtain. Prices of farm products were then low in comparison with the prices of store goods, building materials, fence wire, hardware, farm machinery, etc. Many people, and especially new settlers, found it difficult to make a living and many were in debt for their lands and farming outfits. Taxes were burdensome even as low as they were at that period. There was


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but one newspaper, the Sentinel, conducted by Royal Lespenasse, and located at Exira. It stood for the interests of Exira, so there was no newspaper fight at that time.


When the election was held the proposition to change the county seat was defeated by a handsome majority, greatly to the disappointment of the Hamlin faction. The contest caused bitterness and many old grudges were harbored and laid up on account of it, which have never subsided. It flamed up again in the county-seat fight of 1879, between Audubon and Exira, with wicked hatred and fury on all sides and between all factions. Politics, while partially observed on the national and state tickets, were entirely lost sight of in the selection of county and local officers for years from and after 1872. It is not difficult to believe that periodical eruptions of the disease have since occurred.


It was discovered that my partner, Mr. Griggs, stood with the Hamlin faction. We had been happily and prosperously associated together in the law and real estate business for four years; but the county-seat fight wrecked the partnership and it was severed. But we have long since forgiven each other.


In 1874 the Exira Hall Company was incorporated at Exira, and erected a building for a courthouse and county offices.


The records of the supervisors on June 30, 1874, show the following business was transacted :


"On motion, the following was adopted: The Exira Hall Company hereby tender to the board of supervisors of Audubon county, Iowa, the two south rooms and the north room down stairs of the company's building for the use of the county officials exclusively, and the main hall upstairs of the company's building, at such times as it may be required to hold the district and circuit courts, provided the county will repair all injuries while in use for said purposes.


"W. F. STOTTS, "H. F. ANDREWS."


"Voted by the board of supervisors of Audubon county, Iowa, this 30th day of June, 1874, to accept the above proposition of the Exira Hall Com- pany in fulfillment of the bond of Charles Van Gorder, et al. to furnish offices and court room for the county in case the county seat should remain at Exira."


Thus the contest ended and the county occupied the building for court house and county offices at Exira until 1879.


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The county seat fight of 1879, between Audubon and Exira, yet lingers in the memories of those who participated in it. The advantage was with the north half of the county. Back of it all was the railroad company, with Bert Freeman and Captain Stuart as chief fuglemen, who were too adroit to resort to the vulgarity of personal broils, but had tools to do their bidding. Many new settlers had come to the county since 1873. The Danes had made large settlements in Oakfield and Sharon townships, and the so-called home- steader movement brought a large number of people into the north of the county, who were naturally an increase to the interests of the new town of Audubon. In 1878 the Rock Island Railroad Company built the road from Atlantic and founded the town of Audubon in the midst of their land. Settlers poured in from the start. During the summer of 1879 the town of Audubon was a busy place. The railroad company employed a large num- ber of workmen to erect the new court house. Stuart & Son employed many others to build their elevators at Audubon and Exira, as well as other build- ings there and to work on their extensive farms. People at Audubon and the farmers in the north part of the county found. employment for all the extra men they could use and accommodate. It was reported that men could readily obtain free board and lodging there for the sixty days before the county-seat election, as they were expected to vote for Audubon for the county seat. There were lots of new faces seen in the north part of the county and about Audubon, who were not seen there after election. The writer had occasion to examine a denizen of Audubon as a witness, who was a new comer at that time, and in answer to an interrogatory as to his place of residence he said that he was at home in any place where his hat was on. The same condition probably applied equally well to others stop- ping about Audubon at that period. On the day of the county-seat election the railroad company conducted a free train from Atlantic to Audubon and towns along the line to carry voters to the election. Our old friend Jack Lemon, who is still conductor on the Audubon railroad, was the conductor who had charge of that election train in 1879. It was current talk at the time that any man could vote at Audubon that day and no questions asked.


The newspaper clash during the campaign was something remarkable. The Advocate was at first conducted by Kimball. Here follows his saluta- tory in the Advocate, on January 1, 1879:


"Good morning. The Advocate has but little to offer in the way of introduction. The circumstances that combined and created a demand for another paper, the building of a new railroad and town, are all well known to the public; therefore it has no excuses to offer for its appearance in the


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crowded field of journalism. Neither does the editor of this paper need an introduction to the majority of the citizens of Audubon county. We first came here in 1869, on the 2d of April. During these years we have formed many pleasant acquaintances and made many warm friends and we have made a few, and we think a very few, just as warm enemies who have made known their position in an unmistakable manner. Entering the newspaper field as we did five years ago, inexperienced, it is only surprising to us that we did not make more mistakes and alienate more friends during the three years and five weeks that we published a paper in this county. Not that we do not expect to tread on somebody's toes in the future, either intentionally or otherwise, but we hope our past experience may profit us to a certain extent and help us to make the Advocate a wel- come visitor in nearly every household in the county.


"We are probably well acquainted with at least three-fourths of the citizens of this county and we think we know the character of a paper that will meet their demands, but whether we are able to furnish such a one is for them and the future to determine. They know our faults and foibles, peculiarities, eccentricities and idiosyncrasies, and with such knowledge they do not act blindly when they subscribe for, and pledge a hearty support to the Advocate, as scores of men belonging to all shades of political parties and members of every sect have voluntarily done. Our duties are to


control the editorial columns. It is, of course, necessary to state that the Advocate will be, politically, a Republican paper and will support the Republican ticket and every candidate who is fairly and squarely nominated by a regular Republican convention, but should some demagogue, a member of another party, by trickery and chicanery, or, even a pretended member of the Republican party, succeed in capturing a Republican nomination by run- ning in Democrats, Greenbackers and what-nots, in Republican primaries, the Advocate will throw him overboard instanter. We are not preparing a way to bolt nominations, by any means, for we expect to support the Repub- lican ticket, pure and unadulterated, but we have in the past seen one or two instances of such contemptible political trickery, where Republican conven- tions were captured by outsiders and incompetent, unpopular, unprincipled demagogues nominated, that we thought proper to state emphatically that the Advocate will not countenance any such unwarranted proceeding. The Advocate will support any and every competent and responsible Republican candidate, regularly and fairly nominated, whether it likes him personally or otherwise, but it will not be bound to support an unprincipled political demagogue who obtains a nomination by chicanery and fraud," etc.


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The tenor of Kimball's remarks indicated the animus of his intentions and purposes. He had been forced out of Exira a year before and was employed for the purpose of fighting Exira; he was more than hungry for revenge. With blood on fire, his tongue and lips dripped with venom at every utterance and he spared no opportunity to pour out his vials of wrath upon the editors of the Exira Defender, Hallock and Campbell, especially upon the senior editor. Mr. Hallock was unfortunate in bearing a soiled reputation for morality and chastity, which laid him open to the shafts of Kimball's vengeance. Before the campaign closed, Kimball was ousted from the Advocate by his partner, who continued the fight for Audubon, as appears from the following :


"THE ADVOCATE.


"B. F. Thacker, Editor. "SALUTATORY.


"We can now announce to the people of Audubon county, that we have purchased all of Mr. Kimball's right, title and interest in the Advocate office and peace is at last restored.


"Whatever action may have been taken in this fight by the citizens of this town in the past, we are willing and ready to let everything drop, from this date, and throw our whole mind and energies into the paper and the interests of the county, and we will fight to the death all factions, rings and cliques, that are not working in the interest of the public good.




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