USA > Iowa > Butler County > History of Butler County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 7
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35
As has been indicated elsewhere, the functions of the county court were superseded by a board of supervisors, one from each township in the county, in 1861.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.
80
HISTORY OF BUTLER COUNTY
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
81
HISTORY OF BUTLER COUNTY
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. Banon; 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
82
HISTORY OF BUTLER COUNTY
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, Jolin E. Crossant; 1907, F. F. Voeltz.
Prosecuting AAttorney-1855, A. Van Dorn; 1855, G. MeClellan; 1856. C. A. Bannon (removed), John Palmer (to fill vacancy ) ; 1858, W. R. Jamison; 1858, C. A. Bannon.
District Attorney-1858, Milo MeGlathery: 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.
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 numerons 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 commty, and journeyed westward on horseback umtil 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 sitnated about a mile north of the present location of Clarksville, the com- missioners had abont 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
83
84
HISTORY OF BUTLER COUNTY
have been potent ones, for after only a comparatively brief con- sideration of the new elaims 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
85
HISTORY OF BUTLER COUNTY
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 scat should
86
HISTORY OF BUTLER COUNTY
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
87
HISTORY OF BUTLER COUNTY
of over eighty votes in favor of Butler Center over Clarksville. This time Butler Center's jollifieation 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 4440 voters. Forty-two names were strieken from this list by a committee of the board of supervisors appointed to investigate it. The peti- tion was followed by a remonstranee signed by about the same number of citizens objeeting to any further agitation of the ques- tion.
The relative equality of the mimber of names on this petition and remonstranee indicates that there was much dissatisfaction with Butler Center as the county seat. This was dne of course in part merely to the natural jealousy of Clarksville, but also to the
88
HISTORY OF BUTLER COUNTY
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.
The board of supervisors for 1863 was again called upon to pass upon the matter of removal by a petition to relocate the county seat at Shell Rock. As before, this petition was followed by a remonstranee. The whole question was deferred by the board until the September session, when it was taken up and the petition refused. Thereafter, there were a munber of abortive attempts to secure the resubmission of the county seat question, but Butler Center remained in possession of the county seat of justice for about twenty years.
In the meantime two railroads had penetrated the county,- the Burlington, Cedar Rapids & Northern, passing through the towns of Shell Rock, Clarksville and Greene along the Shell Rock valley, and the Dubuque & Sioux City, through the southern tier of townships. The distance of Butler Center from a railway
89
HISTORY OF BUTLER COUNTY
came therefore to be a new and persistent cause of dissatisfaction in its retention of the county capital. Late in the '70s a new railroad was surveyed through the center of the county from east to west, called at first the Iowa & Pacific. For reasons which will be noted elsewhere Butler Center failed to take advantage of the opportunity to secure this railroad. In the end it was surveyed west from Clarksville, leaving Butler Center four or five miles from its nearest point. A new town on this line of railroad was platted as near to the geographical center of the county as Butler Center and the people of the county realized that very soon the county seat question would come up again for decision.
ALLISON
In anticipation of this movement and with the hope of pre- venting it, the people of Bristow, in the summer of 1880, pub- lished a notice and circulated a petition for the removal of the county seat to that place. The new town of Allison, however, also came into the field with a petition and a fight was on. The campaign was a hot one. Newspaper articles, stump speeches and mass meetings in the schoolhouses were characterized by extreme bitterness of feeling. In the end, however, the Allison petition secured a majority of the signers. The board of super- visors acted favorably upon this petition and at the November election in 1880 the question of the removal of the county seat to Allison was carried by a majority of 265 votes, Allison receiving 1,529 and Butler Center, 1,264.
In connection with the submission of this question to the peo- ple of the county, the Allison Town Company, represented by John R. Waller, of Dubuque, filed a bond in the sum of $25,000 with the county auditor, guaranteeing in consideration of the removal of the county seat from Butler Center to Allison, the building of the courthouse adequate in size to accommodate the business of the county and furnished in an appropriate manner. With this there was also to be made a cession of ten acres of land to belong to the county so long as it should continue to be used for county purposes.
REMOVAL TO ALLISON
When in January, 1881, the board of supervisors ordered the county records removed to Allison, there was no building ready Vol 1-6
90
HISTORY OF BUTLER COUNTY
for their accommodation. The county clerk, recorder and sheriff found quarters in the upper story of a building owned by A. M. McLeod. The auditor and treasurer were accommodated tempo- rarily in the drug store then owned by Dr. Riggs, and later occu- pied by S. W. Burroughs, on the east side of Main street. As soon as possible a small office building, which had been occupied by the county officers at Butler Center was moved over and these officers took up their quarters in this.
THE COURTHOUSE
The Allison Town Company, which was largely financed by H. L. Stout, owner of the Iowa Central Stock Farm, a Dubuque lumberman and capitalist, was ready to fulfill to the letter its agreement with the people of the county regarding the erection of the courthouse but it became evident that public opinion favored the expenditure of a larger sum than had been agreed upon in the preliminary negotiations. In the end a compromise was effected between the supervisors and the Allison Town Com- pany, by which the latter agreed to deposit to the credit of the county the sum of $7,000 in cash to be used in the erection of the courthouse, the county agreeing to furnish a sum one-third as great in addition thereto.
In the spring of 1881 the contract for the construction of the courthouse was let to L. D. Harvey, of Clarksville, for the sum of $10,680. The building was completed and ready for occupancy by October, 1881. For the time, the building was distinctly a creditable one. It was built with wooden frame, with brick veneer, 50x55 feet in dimensions, two stories in height.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.