USA > Iowa > Butler County > History of Butler County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 6
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The first transfer of property by will in the county is that by which William Goheen, of Clinton county, Iowa, gives and devises to his two sons, James Wilson and Edward Rufus Goheen, his land in section 19, of Dayton township. This bequest is made with the following peculiar proviso, "provided they stay me until my death." It is concluded as follows:
"Signed, published and declared by the said William Goheen as and for his will in presents of us, who at his request have signed as witnesses to the same.
"Test.
"Delana McCain
"Frederick Hobbert.
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HISTORY OF BUTLER COUNTY
"In testimony whereof I have hereunto set my hand and seal this 20th day of February, 1852.
"William Goheen."
The date of filing of this instrument is Nov. 10, 1853.
These records were transcribed from the files in the office of the county recorder of Black Hawk county, to which at this time Butler county was joined for judicial purposes.
The first mortgage for land in Butler county was made on the 11th day of October, 1854, by John W. Sperring, of Oswego county, New York, to Reuben T. Davis, of Delaware county, Iowa, whereby the northeast quarter of the southwest quarter of sec- tion 10, in township 90 north, range 15 west, was mortgaged for the consideration of $432. This instrument bears the earliest date of any mortgage recorded on the records of Butler county, but is preceded on the books by several instruments bearing later dates. For this reason it has escaped the notice of previous writers.
The oldest living women in point of residence in the county at the date of writing this history are Mrs. M. M. Molsberry and Mrs. W. H. Moore, of Clarksville. Mrs. Molsberry was Sabra Janc Wamsley, a daughter of Malon B. Wamsley, who came to the county with her parents and settled near Clarksville in 1851. She has from that time to date been continuously a resident of the county-a period of sixty-three years.
Mrs. W. H. Moore, Mary Ann Perrin, was born in Pennsyl- vania in 1847, and came to Butler county with her parents, Jere- miah and Elizabeth Perrin, in the fall of 1851. Since coming to Iowa with her parents, Mrs. Moore has continuously resided in Butler county, except during the second year of her marriage, when they returned for a time to New York. About a year later they came again to Iowa and settled on a farm in Butler town- ship, on which they lived for many years. Mrs. Moore has been for more than six decades a witness of the growth and develop- ment of the county and state.
Henry Wamsley, oldest son of Malon B. Wamsley, was an infant, only a few months of age, when his parents first settled in Butler county, in the fall of 1851. Since that date he has been continuously a resident of the county and enjoys at the present time the distinction of the longest period of residence within the county limits of any man who is today living.
CHAPTER VII COUNTY GOVERNMENT
THE COUNTY COURT
As has been stated in a previous chapter, the permanent organ- ization of county government in Butler county was finally effected on Oct. 2, 1854. At that time the local government of coun- ties in Iowa was vested in a "county court," which consisted of county judge, county clerk and sheriff. In the first county elec- tion held in August, 1854, John Palmer was elected county judge, William E. Burton, clerk of the court, and R. T. Crowell, sheriff. The other officials elected at that time were: A. G. Clark, treas- urer and recorder; and James Griffith, school fund commissioner. The first term of the new county court was held in October, 1854, in Clarksville, then the county seat. The little log hut in which Mr. Clark sold groceries, was used as the first courthouse. The first entry in the records of this court is dated Oct. 2, 1854, and is as follows:
"Ordered that the following taxes be and are hereby levied : For state purposes, one and one-fourth mills on the dollar; for county purposes, five mills on the dollar ; for school purposes, one mill on the dollar; for road purposes, one mill on the dollar; poll for county purposes, 50 cents ; poll for road purposes, $1.00.
"(Signed) John Palmer, "County Judge."
The first case tried before Judge Palmer was in connection with an application for writ of injunction made by Solomon W. Ingham against Daniel D. Myers, of Shell Rock, restraining him from selling a piece of land in section 2. Shell Rock township. Having filed his petition and given bond in the sum of $100, the writ was issued and placed in the hands of Sheriff Crowell for service. This took place on Oct. 12 and 13, 1854, and on the 19th the plaintiff was notified that on Jan. 1, 1855. a motion
- 69
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HISTORY OF BUTLER COUNTY
would be made to dissolve the injunction. After further confer- ence between the parties this matter was deferred until early in February, 1855. On the date agreed upon the case was called up by the court, Attorneys M. M. Trumbull and A. Van Dorn appear- ing for Mr. Myers and Mr. Ingham, respectively. The motion to dissolve the injunction was sustained by the judge on the ground that the writ was not issued by a properly qualified offi- cer. Mr. Myers, by his attorney, moved to assess damages against the defendant in the amount of $100. This motion was over- muled because no damages had been proven. A motion to allow evidence to prove damages was sustained. A jury of six was sum- moned, composed of T. T. Rawson, J. V. Ilicks. D. C. Hilton, M. B. Wamsley, James Ford and R. W. Butler. After the exam- ination of a number of witnesses the jury brought in the follow- ing verdict: "We, the undersigned jurors, do agree that the said Solomon W. Ingham pay to the said Daniel D. Myers the sum of 25 cents, with costs." The costs were $5.90. Defendant gave notice of an appeal to the district court, but so far as the county court was concerned this first law suit ended here.
The third entry records the platting of the village of Clarks- ville. It is given below in its entirety : "State of Iowa,
1 ss.
Butler County. f
"On this day, to-wit. October 27th, A. D., 1854, the plat of the village of Clarksville, with the acknowledgments of Thomas Clark, Elizabeth Clark, Jeremiah Clark, Maria Clark, D. C. Hil- ton, Seth Hilton, Elizabeth Hilton, Dan Mather and Roxana Mather, proprietors of the land upon which the above mentioned village is situated : that the same is with their free consent and in accordance with their desire. And the court being satisfied that the requirements of the law have been complied with, it is therefore ordered that the same be placed on the records of But- ler county, as the law requires.
"John Palmer. "County Judge."
Thus Clarksville has the honor of being the oldest town in Butler county. At this same session of the comt, H. F. L. Bur- ton was appointed clerk of the court and M. M. Trumbull, deputy treasurer and recorder. Harlan Baird, who had been elected prosecuting attorney in the August election, having failed to
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HISTORY OF BUTLER COUNTY
qualify according to law, Aaron Van Dorn was appointed to fill the vacancy and thereafter served the county in this capacity.
The first criminal case in the history of the county to be tried by the county court came up before a special term of court held Dec. 9, 1854. It was entitled
"The State of Iowa
VS. William Casterline."
The entry on the minute book is as follows:
"Now, to-wit, December 9, 1854, comes Rufus L. Hardy, first being sworn, deposeth and saith on his oath that one William Casterline did threaten to beat, wound and murder the said Rufus L. Hardy, and further says that in consequence of said threats he, the said Hardy's life is in danger from the said Casterline and files an information to the above import, subscribed and sworn to as the law directs and producing Stephen L. Hardy as a witness verifying the above statement. A warrant issued directed to any sheriff or constable in the said county command- ing him to arrest and bring before the county court the said Casterline to answer according to law.
"Warrant returned served by arresting and bringing the said Casterline into court. When the court proceeded to try the case and upon hearing all the evidence in the case it is hereby ordered by the court that the said defendant be held to bail in the sum of $100 to keep the peace and to answer at the next term of the district court of Butler county, in the state of Iowa.
"John Palmer, "County Judge."
"Bill of Costs.
"Sheriff's fees
55 cents
Witness R. L. Hardy. 50
S. L. Hardy 50
Lucretia Hardy 50
James Mann 50
Mrs. Casterline 50
66 Daniel Clark 50
The further trial of this case is given in connection with the history of the district court of Butler county.
On the 29th of March, 1855, George W. and Elizabeth Adair presented to the court the plat of the town of Shell Rock. This
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HISTORY OF BUTLER COUNTY
being in proper form, it was ordered recorded by the county judge.
In April, 1855, the second election was held, as a result of which Aaron Van Dorn was elected prosecuting attorney ; W. H. Bishop, sheriff; and W. R. Jamison and Thomas Clark, justices of the peace. Appended to this chapter will be found a complete list of county officers from the beginning, it being deemed unnec- essary to devote more space to the consideration of the first elections.
THE FIRST COURTHOUSE
In an entry on the court records, dated June 4, 1855, the first steps toward providing a courthouse for Butler county are given. It is ordered "that sealed proposals (be received) for building a courthouse on the courthouse square, in the village of Clarks- ville, of the dimensions as follows: 40x40 feet, two stories high, the first to be 9 feet and the second 91% feet in height, to be made of good and durable material, either of wood or brick."
Nothing seems to have come of this effort to provide a home for the county officers, as on the 22d of April, 1856, the follow- ing record is found :
"In the Matter of Public Buildings.
"Whereas, great inconvenience is experienced by the county officers and other citizens in consequence of the want of room and accommodations for holding court and for the transaction of other public business, and whereas the county seat is entirely destitute of public buildings or of any other place in which the business of the county can be conveniently done or the public records safely and properly preserved, it is ordered by the county court of Butler county that advertisements be forthwith issued for sealed proposals for erecting a court house at Clarksville, the county seat of said county. Said court house to be 40 feet by 60 feet, two stories high, be of brick of good material and to be enclosed by the 1st of November, A. D., 1856. Said proposals to be received untill the first Monday of June next (1856). It is further ordered that a plan and specifications be procured and filed in the judge's office for reference.
"A. Van Dorn. "County Judge."
On Nov. 3, 1856, the court ordered that on account of insufficient means, want of time and material to complete or
FIRST COURT HOUSE IN BUTLER COUNTY
Built in 1856-7 at Clarksville and used as a school house from 1863 to 1903, when the present school house was built on its site
-
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HISTORY OF BUTLER COUNTY
enclose it for protection against the weather, further progress of building the courthouse be postponed until the spring of 1857. This building was erected in the following year, and was used as a courthouse so long as Clarksville remained the county seat, and thereafter as a schoolhouse. It was finally torn down in 1903 to make room for the present commodious public school building.
From the first there was agitation for the removal of the county seat from Clarksville. It was recognized that while for the time being Clarksville was the center of population, its distance from the geographical center of the county would eventually ren- der it an unsatisfactory location for the county seat. The first petition looking toward the removal of the county seat from Clarksville was presented to the county court in June, 1856. It was eventually overruled by the judge.
EARLY ELECTIONS
On the first Monday of April, 1857, a special election was ordered to take place to fill a number of vacancies, which for one reason and another had occurred in the offices of drainage com- missioner, county clerk, surveyor and coroner.
At this same election a proposition for ratifying the courthouse loan was carried by a vote of 304 to 165. At this same election the question of borrowing $20,000 on five-year bonds for the purpose of building a number of bridges in the county was carried by a majority of 180. Eleven bridges were provided for by this propo- sition-one at Shell Rock, two near Clarksville, one at New Hart- ford, and the others in various other parts of the county.
Another special election was called for the 12th day of Septen- ber, 1857, for the purpose of determining whether or not the county should subscribe for $200,000 worth of stock, in bonds, payable in twenty years, in the Chicago, Iowa & Nebraska Railroad, with the proviso that the company should build its Cedar Valley branch through the county within one mile of Clarksville and Shell Rock. This proposition carried by a vote of 244 to 187. This railroad was never constructed. The Burlington, Cedar Rapids & Northern, however, fourteen years later constructed a line though the Shell Rock valley and gave to the county its first railroad service.
In this same special election, D. W. Miller was elected county judge by a majority of fifty-four votes over Alonzo Converse, the latter having made his campaign chiefly upon the removal of the 701. I-5
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HISTORY OF BUTLER COUNTY
county seat from Clarksville. The result of this election was con- tested by Mr. Converse, and although it appears from the record that Mr. Miller on the 29th of September, 1857, presented his bond and was duly qualified for the office of county judge, it appears from subsequent entry on October 5, 1857, that after a liearing before Judge J. D. Thompson, Miller was ordered to deliver the office and the books pertaining thereto to-Converse. At the Novem- ber term of court this year Alonzo Converse was present and pre- sided as county judge.
THE BOARD OF SUPERVISORS
The Eighth General Assembly of lowa in 1859 passed an act by which the county government thereafter was to be vested in a body termed the board of supervisors. By this act the old county court was abolished and a new body, consisting of one supervisor for each civil township, was vested with nearly all the authority formerly held by the county court. On the 7th day of January, 1861, the first meeting of the new board of supervisors chosen in accordance with this act was held at Butler Center, now become the seat of county government. This board, the membership of which is given below, effected an organization by the choice of Peter Coyle, of Madison township, as temporary chairman; James W. Davis as clerk: and Messrs. Milo Hard, of Beaver township, W. R. Jamison, of Pittsford, and Thomas Haggarty, of Dayton, as committee on credentials. The members then proceeded to draw lots to determine whether their terms should be one or two terms in length, according to law. As a result Messrs. Wilson, of Shell Rock, Haggarty, Stoner, Aldrich, Coyle, Long, Jamison and Taylor drew two-year terms, and the remaining members of the board one year.
At this first session of the board A. J. Thompkins presented himself for admission as supervisor from Butler township. After an examination of his credentials, the committee appointed for this purpose reported unfavorably. Mr. C. A. Bannon was seated as supervisor from this township. James W. Davis, who was chosen clerk of the board of supervisors at this first session, remained in this office throughout the entire period, during which the county goverment was in the hands of a board of sixteen supervisors. A complete list of the various members of this board from 1861 to 1870, with the chairman for each year, is given below.
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HISTORY OF BUTLER COUNTY
MEMBERS OF THE BOARD OF SUPERVISORS
1861-Madison, Peter Coyle, chairman; Albion, S. H. Taylor; Beaver, Milo Hard; Bennezette, Milton Wilson; Butler, C. A. Bannon; Coldwater, Moses Aldrich; Dayton, Thomas Haggarty; Jackson, Jonathan Gilbert; Jefferson, O. Rice; Monroe, Wells A. Curtis; Pittsford, W. R. Jamison; Ripley, George W. Stoner; Shell Rock, James Wilson; Washington, W. H. Long; West Point, Julius Hoffman; Fremont, S. Bonwell.
1862-Madison, Peter Coyle, chairman; Albion, S. H. Taylor; Beaver, Milo Hard; Bennezette, Milton Wilson; Coldwater, Moses Aldrich; Dayton, Thomas Haggarty; Jackson, Jonathan Gilbert; Pittsford, W. R. Jamison; Washington, W. H. Long; West Point, Julius Hoffman; Fremont, S. Bonwell; Butler, James R. Fletcher; Shell Rock, James Wilson; Jefferson, W. A. Lathrop; Monroe, J. J. Criswell; Ripley, George W. Stone.
1863-Madison, Peter Coyle, chairman; Fremont, S. Bonwell; Jefferson, W. A. Lathrop; Monroe, J. J. Criswell; Beaver, Milo Hard; Jackson, J. Gilbert; West Point, J. Hoffman; Bennezette, Milton Wilson; Coldwater, William J. Nettleton; Pittsford, John M. Nichols; Ripley, John C. Hites; Shell Rock, M. Hollenbeck; Washington, H. A. Tucker; Dayton, C. Forney; Butler, J. R. Fletcher, resigned, A. J. Thompkins to fill vacancy; Albion, S. H. Taylor.
1864-Monroe, J. J. Criswell, chairman; Albion, S. H. Taylor; Coldwater, William J. Nettleton; Pittsford, John M. Nichols; Ripley, John C. Hites; Madison, Peter Coyle; Washington, H. A. Tucker; Dayton, C. Forney; Bennezette, I. Chamberlin; West Point, Johnson Lawyer; Beaver, William Rosebrough; Jefferson, E. B. Allen; Shell Rock, Thomas G. Copeland; Jackson, M. B .. Wamsley; Fremont, S. J. Boorom; Butler, H. F. L. Burton.
1865-Butler, H. F. L. Burton, chairman, resigned; Madison, Peter Coyle, chairman; Dayton, Thomas Haggarty; Fremont, S. J. Boorom: Monroe, J. J. Criswell; Jackson, M. B. Wamsley: West Point, J. Lawyer; Bennezette, I. Chamberlin: Coldwater, Joseph Miller; Pittsford, James Harlan; Shell Rock, W. S. Wilson, resigned. J. G. Scoby to fill vacancy; Jefferson, E. B. Allen, resigned, W. A. Lathrop to fill vacancy; Ripley, J. B. Bullis; Washington, R. R. Parriott; Albion, R. W. Shaw; Beaver, James Collar; Butler, E. Fowle to fill vacancy.
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HISTORY OF BUTLER COUNTY
1866-Madison, Peter Coyle, chairman; Fremont, S. J. Boorom; West Point, J. Lawyer; Jackson, M. B. Wamsley; Butler, Edwin Fowle; Shell Rock, J. G. Scoby; Beaver, James Collar; Albion, R. W. Shaw: Coldwater, Joseph Miller; Pittsford, James Harlan; Ripley, James Bullis; Washington, R. R. Parriott; Dayton, Thomas Haggarty: Monroe, J. J. Criswell; Jefferson, Stephen Morse ; Bennezette, Oliver Evans.
1867-Butler, Edwin Fowle, chairman; Fremont, S. J. Boorom; Bennezette, O. Evans; West Point, J. Lawyer; Jackson, M. B. Wamsley; Shell Rock, J. G. Scoby; Jefferson, S. Morse: Dayton, J. V. Boggs; Coldwater, James Griffith; Pittsford, S. B. Dumont; Ripley, Henry Trotter; Madison, T. W. Smith: Washington, M. F. Whitney : Monroe, Isaac Hall; Beaver, A. Converse; Albion, W. H. Hersey.
1868-Pittsford, S. B. Dumont, chairman; Dayton, J. V. Boggs: Bennezette, O. Evans; Jackson, M. B. Wamsley; Monroe, J. J. Criswell; Coldwater, James Griffith; Ripley, H. Trotter; Madison, T. W. Smith: Albion, W. H. Hersey; Fremont, S. Bonwell; West Point, B. F. Garrett; Butler, J. Lyle; Beaver, Amos Nettleton; Shell Rock, J. Preston; Jefferson, J. Palmer, removed, George Murphy, ad interim, James McEachron to fill vacancy; Washing- ton, M. F. Whitney.
1869-Pittsford, S. B. Dumont, chairman; Fremont, S. Bon- well; West Point, B. F. Garrett; Jackson, M. B. Wamsley; Ripley, H. Trotter; Monroe, J. J. Criswell; Madison, T. W. Smith; Beaver, A. Converse; Jefferson, James McEachron; Albion, W. H. Hersey; Bennezette, O. Evans; Butler, J. M. Lyle; Dayton, J. F. Newhard; Coldwater, J. M. Miller; Shell Rock, E. L. Thorp; Washington, William Kenefick.
1870-Pittsford, S. B. Dumont, chairman; Jefferson, James McEachron; Jackson, M. B. Wamsley; Albion, W. H. Hersey; Madison, T. W. Smith; Beaver, A. Converse; Ripley, H. Trotter; West Point, B. F. Garrett; Dayton, J. F. Newhard; Coldwater, James Griffith; Washington, William Kenefick: Fremont, E. P. Day; Monroe, Isaac Hall; Butler, J. R. Jones: Shell Rock, J. Preston; Bennezette, W. A. Keister.
The last meeting of the board of supervisors represented by a member from each township was held in the fall of 1870. Under the new law, still in force, the members of the board convened on
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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. Hiekle. 1885-J. M. Groat, chairman; C. L. Jones, J. H. Hickle. 1886-J. Il. 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 Con. 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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HISTORY OF BUTLER COUNTY
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
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. Banon 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.
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