USA > Iowa > Butler County > History of Butler County, Iowa: a record of settlement., Volume 1 > Part 7
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HISTORY OF BUTLER COUNTY
the 2d day of January, 1871. The members of this governing body from that time up to the present follow:
1871-Alexander Chrystie, chairman; M. B. Wamsley, H. C. Brown.
1872-Alexander Chrystie, chairman; H. C. Brown, S. Bon- well.
1873-Alexander Chrystie, chairman; H. C. Brown, S. Bon- well.
1874-Alexander Chrystie, chairman; H. C. Brown, S. Bon- well.
1875-Alexander Chrystie, chairman; H. C. Brown, N. H. Larkin.
1876-Alexander Chrystie, chairman; N. H. Larkin, G. Hazlet.
1877-Alexander Chrystie, chairman; N. H. Larkin, G. Hazlet. 1878-Alexander Chrystie, chairman; G. Hazlet, A. N. Leet.
1879-Alexander Chrystie, chairman; A. N. Leet, Milton Wilson.
1880-A. N. Leet, chairman; M. Wilson, J. J. Burnham. 1881-A. N. Leet, chairman; M. Wilson, J. J. Burnham. 1882-A. N. Leet, chairman; J. J. Burnham, C. L. Jones. 1883-A. N. Leet, chairman; C. L. Jones, J. M. Groat. 1884-C. L. Jones, chairman; J. M. Groat, J. H. Hickle. 1885-J. M. Groat, chairman; C. L. Jones, J. H. Hickle. 1886-J. H. Hickle, chairman; C. L. Jones, J. M. Groat. 1887-J. W. Ray, chairman; J. H. Hickle, C. L. Jones. 1888-J. W. Ray, chairman; J. H. Hickle, F. E. Newberry. 1889-J. H. Hickle, chairman; F. E. Newberry, J. W. Ray. 1890-J. W. Ray, chairman; F. E. Newberry, J. W. Temple. 1891-J. W. Ray, chairman; J. W. Temple, Milton Wilson. 1892-J. W. Temple, chairman; Milton Wilson, J. W. Ray. 1893-J. W. Ray, chairman; Milton Wilson, B. Leavens. 1894-J. W. Ray, chairman; B. Leavens, Norman Long. 1895-B. Leavens, chairman; Norman Long, Stanley Conn. 1896-Norman Long, chairman; Stanley Conn, B. Leavens. 1897-B. Leavens, chairman; Stanley Conn, John Wade. 1898-John Wade, chairman; B. Leavens, Stanley Conn. 1899 John Wade, chairman; Stanley Conn, B. Leavens. 1900-Stanley Conn, chairman; B. Leavens, John F. Wade. 1901-John Wade, chairman; B. Leavens, Stanley Conn. 1902-J. F. Wade, chairman; Stanley Conn, John F. Mott. 1903-Stanley Conn, chairman; J. F. Mott, James McTaggart.
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1904-J. F. Mott, chairman; James McTaggart, William Dawson.
1905-James McTaggart, chairman; William Dawson, J. F. Mott.
A bill had been passed by the Legislature providing for biennial elections, so that those holding office whose terms would otherwise have expired by law held over until their successors were elected in the fall of 1906 and qualified for office in January, 1907. Auto- matically the terms of all county officials expired and their suc- cessors were elected as follows, the tenure of office being two years:
1907-08-For term of three years, E. Lehman and William Dawson; for term of two years, James McTaggart.
1909-10-James McTaggart, William Dawson, E. Lehman.
1911-12-R. H. Waugh, William Dawson, James McTaggart.
In the June meeting of the board of supervisors of 1890 the board voted to divide the county into three supervisor districts. Thereafter members of the county board were elected from these districts instead of from the county at large as before. This sys- tem of election has been continued to the present time. The first supervisor district comprises the townships of Dayton, Fremont, Butler, Jackson and Shell Rock. The second district contains the townships of Coldwater, Bennezette, West Point, Pitts- ford and Madison. The third contains Jefferson, Ripley, Beaver, Albion, Monroe and Washington townships. Since the adoption of this plan the following have served as supervisor from the first district: J. W. Temple, B. Leavens, J. F. Mott, E. Lehman and R. H. Waugh; second district, M. Wilson, Norman Long, John Wade, James McTaggart; third district, J. W. Ray, Stanley Conn and William Dawson.
OTHER COUNTY OFFICERS
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As has been stated above, the official list of the county at the time of its organization comprised the offices of county judge, treasurer and recorder, county clerk, sheriff, prosecuting attorney, school fund commissioner, county surveyor, drainage commissioner and coroner. The county judge, clerk and sheriff constituted the county court. This body had entire control of the affairs of the county and in addition to holding other powers and duties, exer- cised all those belonging at present to the board of supervisors.
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HISTORY OF BUTLER COUNTY
In 1861 C. A. Bannon was elected county judge to succeed Alonzo Converse. Mr. Bannon before the expiration of his term of office enlisted in the Thirty-second Infantry, thus vacating his office. A special election was called to fill the vacancy and J. R. Fletcher, at that time supervisor from Butler township, was chosen to fill the vacancy. Mr. Fletcher had been one of the most ardent partisans of Clarksville in the county seat controversy, and pos- sibly for this reason neglected, or declined, to remove the books and papers belonging to this office to the county seat at Butler Center. At the June session of the board of supervisors in 1863, a resolution was offered ordering the clerk to notify Fletcher to bring his books and papers pertaining to the office to Butler Center, and to forthwith hold the office there in accordance with the law. On failure to do so, the clerk was instructed to proceed against said Fletcher, according to the law. This resolution was adopted by a vote of fourteen to one. The compliance with this resolution completed the removal of the county offices to Butler Center.
As has been indicated elsewhere, the functions of the county court were superseded by a board of supervisors, one from each township in the county, in 1861. Thereafter the county judge continued to exercise jurisdiction over probate matters until the office was abolished about 1870. By the terms of the law making this change, county judges in office became ex-officio county auditor. A. J. Thompkins, who had been elected to the office of county judge in 1865, and reelected in 1867, thus became the first county auditor. This office is the most important in character and most diversified in functions of any of the county offices.
The offices of treasurer and recorder were joined during the early period of the county's history and the duties appertaining to these offices were exercised by the same officer from 1854 to 1864. In the latter year the two offices were separated and there- after were held by different individuals. John Palmer, elected in 1863, was the last to hold the two offices together. He was retained under the law of 1864 as county treasurer, while J. H. Hale was elected the first county recorder. In 1910 Grace E. Dreher was elected county recorder, being the first woman in the history of the county to be elected to this office-the only one except that of county superintendent which under the present law may be held by a woman.
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The office of clerk of the courts had existed without essential change from the date of the organization of the county. W. E. Burton was the first county clerk. From January 1, 1859, to Jan- uary 1, 1873, seven consecutive official terms, James W. Davis performed the duties of this office. This term of official service is the longest in the history of the county.
The office of sheriff was first held by Robert T. Crowell, who came to the county with the family of Joseph Hicks, the first permanent settlers, in 1850.
The first prosecuting attorney was Aaron Van Dorn, who was appointed to the office by Judge John Palmer. He filed his bond and qualified on January 2, 1855. In the April election of this year Mr. Van Dorn was elected prosecuting attorney and continued in office until October of the same year, when he became county judge. George Mcclellan succeeded him in the office of prosecuting attorney. McClellan resigned before the expiration of his term of office and the vacancy was filled by the appointment of John Palmer, former county judge. He held office until 1856, when C. A. Bannon was elected to the position. The law at that time pro- vided that in case of the absence of any incumbent for a period of six months, the office should be declared vacant and a new elec- tion held to fill the vacancy. Mr. Bannon during his term of office left the county and it was understood that he did not contemplate returning. Therefore a special election was called to select a suc- cessor. W. R. Jamison was elected by a large majority, but before he qualified Mr. Bannon returned and Mr. Jamison withdrew, leaving the office to the former incumbent. Before the expiration of the term for which Mr. Bannon had been elected, the office was abolished by law. The functions of this office were thereafter largely performed by the district attorney. The present office of county attorney was created in accordance with an act of the General Assembly in 1886. The first county attorney under the present law was Frank Lingenfelder.
The office of county treasurer was created in 1857 to take the place of township assessor. W. R. Cotton was the first and only officer elected to this position. Before the expiration of his term the office was abolished and the system reverted to the former one of assessment by township officers. The office of county surveyor was abolished by act of the Thirty-fifth General Assembly and that of county engineer created in its place. This office is
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appointive by the board of supervisors. The first county engineer of Butler county is the present incumbent, Frank W. Cave.
The first woman to hold a county office in Butler county was Miss Emma Miner, who, in 1892, was appointed county recorder to fill a vacancy caused by the death of her brother, Marion W. Miner.
LIST OF COUNTY OFFICIALS FROM 1854 TO 1914
County Judge-1854, John Palmer; 1855, Aaron Van Dorn; 1857, Alonzo Converse; 1861, C. A. Bannon; 1862, J. R. Fletcher; 1863, Ancel Durand; 1865, A. J. Thompkins.
Auditor-The first county auditor as appears by the records was A. J. Thompkins, who was elected as a republican to the office in 1869. The names of his successors follow: 1871, R. L. Chase; 1877, J. McElvain ; 1879, James W. Spencer; 1884, George O. Van Vleck ; 1888, Edgar J. Davis; 1893, George W. Conn; 1899, W. A. Reynolds; 1903, Henry W. Seitz; 1907, T. M. Early; 1911, Eugene Owen.
Clerk of Courts-1854, W. E. Burton; 1856, Mahlon Crozier, resigned, John Leslie (to fill vacancy) ; 1857, James E. Walker; 1859, James W. Davis; 1873, William Burdick ; 1879, C. H. Ilgen- fritz; 1883, W. S. Montgomery; 1887, John Barlow; 1891, Ernest W. Virden; 1895, William C. Thompson, Jr .; 1899, M. L. Palmer; 1903, E. J. Davis; 1907, J. W. Thompson; 1911, George R. Dennis.
Treasurer-1854, A. G. Clark; 1855, D. C. Hilton; 1859, J. H. Hale; 1863, John Palmer; 1867, J. F. Wright; 1871, W. C. Thomp- son; 1875, E. Thomas; 1879, John W. Ray; 1885, Samuel Thomas; 1889, W. E. Hyde; 1893, Frank P. Bolton; 1897, Levi Baker; 1899, W. J. Burbank; 1903, Mason F. Green; 1907, H. F. Wild; 1911, James A. Barlow.
Recorder-1854, A. G. Clark; 1855, D. C. Hilton; 1859, J. H. Hale; 1869, George M. Craig; 1873, Elwood Wilson; 1879, W. W. Pattee; 1883, W. M. Hunter; 1887, L. J. Rogers; 1891, Marion W. Miner; 1892, M. J. Kelley; 1893, Albert N. Bonwell; 1897, E. V. Franke; 1901, J. H. Hunt; 1905, W. R. Stanley; 1911, Grace E. Dreher.
Sheriff-1854, R. T. Crowell; 1855, W. H. Bishop; 1859, James Leverich; 1861, W. H. Bishop; 1863, M. Hollenbeck; 1867, L. L. Smith; 1871, J. R. Jones; 1877, M. B. Speedy ; 1879, Gilbert Hazlet ; 1884, Lorenzo Bartlett (to fill vacancy) C. S. Root; 1886, Lorenzo
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Bartlett; 1888, T. M. Early; 1892, Thomas Walsh; 1896, T. M. Early; 1898, M. S. Cline; 1902, A. W. Johnson; 1907, F. H. Hill; 1911, Thomas J. Shafer.
Surveyor-1855, T. T. Rawson (resigned), George Mcclellan (to fill vacancy); 1857, J. Ellis; 1859, Judd Bradley; 1861, G. Mcclellan; 1863, A. F. Townsend; 1865, M. D. L. Niece; 1867, O. W. McIntosh; 1871, M. D. L. Niece; 1873, J. G. Rockwell; 1881, O. W. McIntosh; 1884, J. G. Rockwell; 1885, A. L. Stannard; 1888, F. F. Voeltz; 1892, Ed Madigan; 1893, F. F. Voeltz; 1894, Edward V. Franke; 1898, Ward M. Jones; 1901, John E. Crossant; 1907, F. F. Voeltz.
Prosecuting Attorney-1855, A. Van Dorn; 1855, G. Mcclellan; 1856, C. A. Bannon (removed), John Palmer (to fill vacancy) ; 1858, W. R. Jamison; 1858, C. A. Bannon.
District Attorney-1858, Milo McGlathery; 1864, John E. Burke; 1868, I. W. Card; 1872, L. S. Butler; 1876, J. B. Cleland.
County Attorney-1887, Frank Lingenfelder; 1891, Willis A. Lathrop; 1893, John W. Arbuckle; 1897, George A. McIntyre; 1901, C. G. Burling; 1905, W. F. Evans; 1907, Robert F. Camp; 1911, J. B. Gregory (resigned), W. S. Montgomery (to fill vacancy); 1913, Montgomery (resigned), G. C. Burling (to fill vacancy).
Coroner-1855, D. W. Kensley; 1856, Orson Rice; 1857, J. V. Boggs; 1859, J. A. Barker; 1863, E. W. Metzgar; 1865, George Murphy; 1867, E. W. Metzgar; 1869, T. G. Copeland; 1873, E. W. Metzgar; 1875, C. W. Murray; 1877, H. J. Playter; 1881, W. M. Foote; 1884, Thomas M. Early; 1886, N. H. Larkin; 1892, L. Bart- lett; 1893, O. W. Rowley; 1895, A. N. Leet; 1896, Dr. T. D. Askew; 1898, Dr. V. C. Birney; 1907, Dr. W. E. Patterson; 1909, Dr. Paul R. Burroughs; 1911, Walter Burroughs.
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CHAPTER VIII
THE LOCATION OF THE COUNTY SEAT
As has already been indicated, the earliest settlements in the county were all in the eastern and extreme southeastern portions of the county. As a natural consequence, when the location for the first county seat was chosen, it was fixed on the present site of Clarksville, then the center of the most numerous settlement in the county.
THE COUNTY SEAT AT CLARKSVILLE
The location of this first county seat was fixed by a commission of three men-John P. Barrick and William Payne, of Bremer county, and D. C. Overman, of Black Hawk county-acting under instructions issued by Judge O. H. P. Roszell, of Buchanan county, to which judicial district Butler county belonged at that time. These gentlemen met by appointment at Barrick's Ford, in Bremer county, and journeyed westward on horseback until they reached the Shell Rock river in the vicinity of the settlement made by the Wamsleys and others who have been mentioned. There seemed to be little question at the time that this location was most desir- able for the county seat but there was considerable rivalry among the individual settlers to have the exact location fixed where it would be most advantageous to them and enhance the value of their holdings. Influenced by the persuasive powers of Jeremiah and Thomas Clark and W. S. Wamsley, whose claims were situated about a mile north of the present location of Clarksville, the com- missioners had about determined to fix the seat of justice on the lands of these gentlemen, when they were called upon to stay the proceedings until the rival claims of Messrs. G. W. Poisal and Seth Hilton, Sr., might be presented.
Just what arguments were brought to bear upon the com- missioners is unknown, but judging from the result they must
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have been potent ones, for after only a comparatively brief con- sideration of the new claims the commissioners turned their backs upon the location first determined upon and selected a site on the claim of D. C. Hilton as the spot where the future courthouse should be built. This spot was marked by an oak stake, which was driven into the ground on section 18, Butler township, on the spot where the Clarksville schoolhouse now stands. A compro- mise was arranged between the Hiltons and the Clarks, whereby the latter were given a half interest in forty acres later platted as the town of Clarksville. Reference to the copy of the record filed with the county court with the plat of this village, which is given in full above, will show the names of all the owners of this town site.
The date of this first official proceeding in Butler county is pretty generally fixed by a receipt signed by Commissioners John P. Barrick, D. C. Overman and William W. Payne, at Barrick's Ford, on May 6, 1853, acknowledging the receipt from Thomas Clark of the sum of $24 to cover their necessary expenses. George W. Poisal was produced as a witness to the payment of this sum by Clark and the latter was reimbursed for his expenditure by a county warrant for the sum of $24, issued January 4, 1855.
THE FIRST COURTHOUSE
In 1856 the construction of the new courthouse was begun but was not completed until the spring of 1858, when the first court was held within its walls and the county offices moved into it. This building was of brick, 40x60 feet in dimensions, two stories high and cost about $20,000. After the removal of the county seat from Clarksville the building was sold to the school district for $2,800, and was remodeled and used as a schoolhouse until the con- struction of the present building.
AGITATION FOR REMOVAL
Even before the courthouse was finished the question of the removal of the county seat began to be agitated. Other towns were springing up in various parts of the county and each one was ambitious to become the county capital. Mutual jealousy, a desire to increase the value of their town property and a natural love of controversy, which seems more or less inherent in American
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nature, kept the agitation going and for years excitement was at a high pitch in relation to this question. When it became evident that no town already platted and settled would probably have a better chance to secure the county seat than Clarksville, the point was raised and kept before the people that it was highly desirable that the county seat should be located near the geographical center of the county.
GEORGETOWN
In order to meet these conditions, a town was finally platted and recorded, embracing forty acres in the exact geographical center of the county, at the four corners of Jefferson, Jackson, West Point and Ripley townships. This paper town was called Georgetown, and on paper it made the best appearance of any town in the county. The plat was exceptionally well drawn and the location unquestionably favorable but the prospective county capital had not a building nor a sign of habitation. It existed solely in the imagination of its projectors.
A petition to bring the question of relocation of the county seat at Georgetown was drawn up and extensively signed. This peti- tion was presented to Judge Alonzo Converse, who granted the request and ordered the question submitted to the voters of the county at the April election in 1858. After an active campaign the matter was decided in favor of leaving the county seat at Clarks- ville by the narrow majority of 327 to 320. As all the hopes for the future Georgetown had rested upon the successful termination of this campaign, its prospects received a death blow by this result. No further effort was made to establish a town on this location. It remains therefore merely a geographical expression.
BUTLER CENTER
The friends of removal, however, would not acknowledge defeat. Having failed in their attempt to relocate the county seat at Georgetown they fixed upon Butler Center, a village situated about two miles south of the geographical center of the county, which already had quite a few residents and several places of business. Another petition was circulated which secured over four hundred signers, requesting that the matter be submitted again to the people to determine whether the county seat should
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be moved to Butler Center or to remain at Clarksville. The peti- tion was granted and the question submitted to vote on the 4th of April, 1859. As a result of this vote Butler Center received 357 votes and Clarksville 336-a majority of 21 for the former. The following entry on the records of the county court under date of April 11, 1859, is self explanatory:
"Be it remembered that on this 11th day of April, A. D., 1859, the returns from the election from all the townships having been received, the County Judge calling to his assistance George Mcclellan and John M. Nicholas, two justices of the peace of Butler county, proceeded to canvass the said returns of the vote cast upon the question of the county seat on the 4th day of April, 1859, between Clarksville, the existing county seat, and Butler Center, and it appearing that a majority of all the votes cast were in favor of Butler Center, the point designated in the petition asking for a vote upon the question; therefore, in accordance with the provisions of chapter 46 of the Acts of the Fifth General Assembly of the State of Iowa, Butler Center is hereby declared to be the county seat of Butler county, Iowa."
The joy of the people of Butler Center and of the friends of removal in general and the enemies of Clarksville in particular was unbounded at this successful termination of their efforts. However, their celebration was temporarily interfered with by a writ of injunction, which was sued out by the people of Clarksville for the purpose of staying the removal until certain legal objec- tions which they had to present could be formally heard and passed upon.
In July following the district court declared this election void because of certain irregularities in its conduct. The joy of the people of Butler Center was changed to wrath, and the people of Clarksville on their part availed themselves of the opportunity for what appeared to the others to be a most unseemly exhibition of joy.
REMOVAL TO BUTLER CENTER
Another petition was circulated early in 1860 and presented to the board of supervisors asking that the matter again be sub- mitted to vote. The petition was granted and the 2d day of April, 1860, fixed for the election. When the votes cast at this election were canvassed it was declared that the result showed a majority
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of over eighty votes in favor of Butler Center over Clarksville. This time Butler Center's jollification was not unwarranted. They did not allow any time to pass. On the next day after the canvass of the votes, April 5, 1860, the books, documents and county records were removed to Butler Center.
The courthouse in Butler Center was a frame structure 20x36 feet in dimensions and two stories high. The upper story, which contained the court room, was reached by an outside wooden stair- way. The lower story was divided into three offices which were occupied by the county treasurer, county recorder and the clerk of the courts. This building was erected at a cost of about $2,000, and with about two acres of ground surrounding it, was donated to the county by Andrew Mullarky, of Cedar Falls, who owned a large amount of land in the vicinity of Butler Center, and who perhaps was more influential than any other man in securing the removal of the county seat from Clarksville.
FURTHER AGITATION
In January, 1861, a petition signed by D. W. Miller and some four hundred others was presented to the board of supervisors asking that the matter of changing the county seat from Butler Center to Clarksville be resubmitted to the people. A committee was appointed by the board to investigate the matter, which reported adversely. One member of the committee offered a minority report in favor of the petition. The report of the com- mittee was submitted to the board of supervisors and it was decided that the petition should be denied.
The record of the first session of the board of supervisors in 1862 indicates that C. A. Bannon appeared before the board as attorney of certain petitioners who again requested a vote on the matter of relocation. The petition was signed by 440 voters. Forty-two names were stricken from this list by a committee of the board of supervisors appointed to investigate it. The peti- tion was followed by a remonstrance signed by about the same number of citizens objecting to any further agitation of the ques- tion.
The relative equality of the number of names on this petition and remonstrance indicates that there was much dissatisfaction with Butler Center as the county seat. This was due of course in part merely to the natural jealousy of Clarksville, but also to the
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difficulty which the citizens of the county experienced in reaching Butler Center in the late winter and early spring months. As was common in those early days there were no adequate high- ways. The country surrounding Butler Center to the east and south was practically impassable by teams during wet seasons. The residents of the county of those days recount many unpleas- ant experiences which they and others had in their efforts to reach the county capital. Sometimes in the early spring the West Fork south of Butler Center was several miles in width and could only be crossed by means of boats.
The committee referred to above, in whose hands this matter was placed, reported their investigations to the board without any recommendation. The board then listened to the arguments of attorneys on both sides, after which James R. Fletcher, super- visor from Butler township, offered a lengthy resolution setting forth the fact that the petition had been signed by one-half of the legal voters of the county as shown by the census of 1859, and ordering that the matter be submitted to a vote in the April election of 1862. To this resolution W. A. Lathrop, supervisor from Jefferson township, in which Butler Center was situated, offered an amendment as follows: "To strike out all of Mr. Fletcher's resolution after the word 'Resolved' and insert 'that the facts as set forth by the committee on the county seat do not show that the petitioners are entitled to a vote.' Therefore the prayer be not allowed." This amendment was carried by a vote of ten to six. An attempt to rescind this action on the follow- ing day was defeated by a majority of six.
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