USA > Iowa > Benton County > The history of Benton County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics > Part 35
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For Commissioners' Clerk-David S. Pratt had 42 votes.
For Recorder-Irwin D. Simison had 24 votes; James Downs, 11; Jonathan R. Pratt, 5 : D. S. Pratt. 3.
For Coroner-Fielding Bryson had 41 votes.
For County Surveyor-Irwin D. Simison had 20 votes ; David S. Pratt, 10; Francis J. Ri- gand, 16; Jonathan R. Pratt, 2; Beal Dorsey, 1 ; Jonathan Pratt, I.
For tollector and Treasurer-Beal Dorsey had 35 votes; Lewis W. Bryson, 6. For Assessor-Isaac Onstott had 27 votes; Price Kendrick, 28.
For Inspector of Weights and Measures-David S. Pratt bad 39 votes.
For Judge of Probate-Jonathan R. Pratt had 37 votes ; James M. Denison, 14.
For Justices of the Peace-Fielding Bryson had 39 votes ; Irwin D. Simison, 21: Stephen Holcomb, 21 : Charles Cantonwine, 30: Jonathan R. Pratt, 5 ; Gilman Clark, 14; Stedman Pen - rose, 7; George Miller, 1; - Miller, 1; * Siven Ilokem, I ; George Cantonwine, I.
For Constables-Price Kendrick had 49 votes : Samuel Stephens, 28; Samuel L. Morse, 28; Beal Dorsey, 38 ; George Cantonwine, 2; L. D. Bordwell, 2; V. M. Gray, 1. (Signed) WM. J. BERRY, Clerk of the District Court. PERRY OLIPHANT, IIARTZELÅ LITTLE, Justices of the Peace.
From this abstract. which is a copy of the original document, it does not appear that a Clerk of the District Court was elected. In the vote for Sheriff and Asses-or, it seems that fifty-five votes were polled at this important and doubtless exciting first election in Benton County.
Although Stephens and Morse had an equal number (nine) votes for Con- stable. Clerk Berry appears to have declared Stephens elected, as in a precept to the Sheriff he orders that officer to notify Stephens of his election. Stephen Holcomb was also declared elected Justice of the Peace on the 6th day of April, 1846, although Simison had an equal number of votes. Sheriff-elect Royal
* Intended for Stephen Holcomb.
316
HISTORY OF BENTON COUNTY.
took and subscribed the oath of office before Wm. J. Berry, Clerk of the Dis- trict Court, April 8, 1846. Samuel K. Parker took the oath of office as Com- missioner, April 8, 1846, Spencer a little later, and Penrose on the 13th. It is noticeable that the Clerk, Mr. Berry, used an American quarter of a dollar for a seal attached to his certificate. The other officers-elect were also duly sworn, and entered upon their duties, the most of them in April.
LOCATION OF THE SEAT OF JUSTICE.
But little can now be ascertained in relation to the action of Commissioners Secrest, Dillon and Downing in the location of the seat of justice of Benton County. They probably deposited in the office of the Clerk of the Court, if there was one at the time the location was made, if not, with the Commission- ers' Clerk, their determination in writing, as required by law ; but if they did, it is not preserved-at least it cannot be found.
From other sources of information and from the remembrances of those who were here at that time, the fact is established that the Commissioners met in May, 1846, as directed by law, and located the seat of justice of Benton County on the northeast quarter of Section 21, Township 85 north of Range 10 west of the Fifth Principal Meridian, and it is believed named it
NORTHPORT.
The following copy of an order from the page of the County Commissioners' records is proof positive that the first county seat was called Northport. The record is not dated; but from other entries and from subsequent events it is reasonably certain that the order was passed by the first Board of County Com- missioners in June or July, 1846, possibly in May.
" Ordered, by the County Commissioners, that the County Surveyor of Benton be directed to proceed and lay out the town of Northport, the county seat of Benton, on the northeast quarter of Section 21, Range 10 west, on the ground selected by the Commissioners appointed by law, and that the County Surveyor hire the necessary chain carriers and stake drivers, and at the usual price, and at the expense of the county. The plat submitted by the County Surveyor this day is approved of."
Irwin D. Simison was the County Surveyor who made the plat mentioned in the order above. Mr. Bordwell, whose memory of events and dates is . remarkably good, says that the town of Northport was laid out early in the Summer of 1846 ; that a sale of lots took place and several were bid off, but the sale was never consummated. The plat which was made was never recorded ; or if it was, no record thereof is now in existence.
THE FIRST COURT HOUSE.
Having a county seat, it became essential that a Court House should be pro- vided. The Commissioners were equal to the emergency, for the following order immediately follows the above :
Ordered, That the Commissioners' Clerk cause notices to be posted at three places in the county for contracts to be received for building a hewed log Court House at Northport, in Benton County, of the following dimensions, viz .: 20x24 feet, two stories high, eight feet between floors ; white oak, maple or ash floors-laid in a workmanlike manner-one door below. three windows, . f twelve lights each, one in each side of the house and one in the end ; one pair of stairs three feet wide-joist white oak timber 4x7 inches, twelve in number ; twelve sleepers of good, hard timber; three twelve-light windows of the same size up stairs ; oak shingle roof with lath or sheeting. The upper floor to be divided by partitions into three rooms, and to each room a door and window ; plastered inside and out with lime. The letting of the contract will be by sealed proposals to be sent to the County Commissioners' Clerk previous to Saturday, 24 (June 3), when the lowest bidder will be declared. Bond for the faithful performance of the contract will be required. For further information apply to the County Commissioners' Clerk.
------
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HISTORY OF BENTON COUNTY.
The Commissioners appear to have made three election precincts in the county, and appointed Judges of Election as follows :
No. 1 Precinct-E. B. Spencer, S. M. Lockhart and James Downs.
No. 2 Precinct-L. F. North, S. Penrose and G. Clark.
No. 3 Precinct-S. L. Morse, Jas. Smith, Sr .. and I. D. Simison.
Immediately following this action is the following entry :
Ordered, That the court for receiving bids for the the Court House be held at
The fact that at the election, August 6. 1846, there were three precincts voting, and that very soon after the precincts were erected into townships, is a further indication that the above action was in June or July, 1846. The walls of the log Court House were laid upon the site selected at Northport in 1846 or '47. The town plat was recorded February 12, 1848, by Samnel M. Lock- hart, Loyal F. North and Thomas Way, County Commissioners; I. D. Simison, County Surveyor (who laid out the town of Northport in 1846), and named Vinton, it is said in honor of the Hon. P. Vinton, a Member of Congress from Ohio, who sent $50 to be invested in town lots, provided the name of the county seat should be changed from Northport and called Vinton, which was done. Squire Bordwell says the $50 was invested, but not in Vinton town lots. The plat of Vinton, as originally recorded, shows a nice public square, in the center of which is rudely portrayed, with a pen, what is supposed to be intended for the representation of the Scales of Justice. The term of court in September, 1848, was held, according to the record, in the log Court House at Vinton.
SCHOOL DISTRICTS.
The first Board of County Commissioners, evidently on the same day that the above orders were passed, also passed the following :
Ordered, That Town 86, Range 9, be School District No. 1.
Ordered, That Town 85. Range 9, be School District. No. 2.
Ordered, That as much of Town 85, Range 10, as lies north of Cedar River be School Dis- trict No. 3.
Ordered, That District No. 4 shall commence at northeast corner of Town 83, Range 9 west, then running west along said line two and a half miles : then south to Parker's Grove; then east to the county line ; then north to the place of beginning.
Ordered, That District No. 5 shall commence at the southeast corner of Town 84: thence north along the line to Cedar River; then west to the west line of Town 84: then south along the said line three miles ; then east to the place of beginning.
Ordered, That District No. 6 shall include all the settlement, west of Town 84.
Ordered, That all settlements west of Range 9 west shall be considered as District No. 3.
The last order appears to have been an afterthought. On the same stray leaf of record are the appointments of Thomas Way, Supervisor of Precinct 2, and William Bellows and John Brody, Supervisors in Precinct 1.
ELECTION OF AUGUST, 1846.
The officers elected in April could only hold until the first Monday in Au- gust following. The orders above quoted in relation to the survey of Northport, the county seat, could not be executed before that election. which resulted in placing in office an almost entire new Board of County Commissioners. as will appear from the following " Abstract of the votes polled at the August election in Benton County. for the purpose of electing county and precinct officers. August 6. 1846." At this election there were three voting precincts. No civil townships had yet been made :
For County Commissioners- S. M. Lockhart had 53 votes : Charles Cantonwine, SI : I. F. North, 51 ; J. R. Pratt, 17 : S. K Parker, 12.
For Clerk of Commissioners' Court-D. S. Pratt had 33 votes ; Stephen Holcomb, 22.
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HISTORY OF BENTON COUNTY.
For Sheriff-James Downs had 37 votes ; John Royal, 20.
For County Surveyor-F. J. Rigaud had 35 votes ; I. D. Simison, 13.
For Coroner-Thomas Way had 39 votes ; F. Bryson, 11.
For Recorder-Irwin D. Simison had 10 voies ; Lester W. Hayes, 40. For Collector and Treasurer-Beal Dorsey had 21 votes ; S. L. Morse, 23.
For Assessor-Price Kendrick had 37 votes; L. D. Bordwell, 16.
For Judge of Probate-J. R. Pratt had 15 votes ; James Denison, 28.
For Inspector of Weights and Measures-Aaron Hain had 2 votes.
Precinct No. 1-F. J. Rigaud had 23 vores ; L. W. Hayes, 20-for Justices of the Peace, and were elected ; Price Kendrick, 20; James Smith, Jr., 20-for Constables, and were elected.
Precinct No. 2-L. D. Bordwell had 15 votes ; G. W. Miller, 10; Gilman Clark, 5-for Jus- tices of the Peace, and Bordwell and Miller were elected ; James A. Scott, 7; Beal Dorsey, -- 6 for Constables, and were elected.
Precinct No. 3-Stephen Holcomb had 6 votes ; Charles Cantonwine, 6-for Justices of the Peace, and were elected ; Adam Kean, 6; Aaron Hains, 6-for Constables, and were elected.
Black Hawk Precinct (all of Black Hawk County)-S. W. Hanna had 4 votes ; E. D. Adams, 4-for Justices of the Peace, and were elected ; John Melrose, 3-for Constable, and was elected. (Signed) D. S. PRATT, Clerk of the Board of Commissioners. CHARLES CANTONWINE, L. D. BORDWELL. Justices of the Peace.
The law required two Justices to act with the Clerk as a Board of Canvass- ers. There was only one, Cantonwine ; but Bordwell had been elected, and the Judges so declaring, was duly sworn by the Clerk, and acted as one of the Board. Black Hawk County wvoted for Benton County officers at this election, but its vote was not very large. There was no Clerk of the District Court elected at this election, and yet on the fourth Monday in August, 1846, when the first term of the District Court was appointed to be held, J. R. Pratt appears of record as Clerk, probably appointed by the Judge, as Berry had been. At the same election, forty-one votes were cast for the State Constitution, and seven- teen against it.
THE FIRST POST OFFICE
in Benton County was established October 1, 1846, and called Vinton. Ste- phen Holcomb was appointed Postmaster. From this fact it would seem that the name "Northport " was changed to Vinton about that time.
THE FIRST DEED
made in Benton County after its organization, and the first recorded on Page 1 of Book A, Benton County Records, was a deed made by William Mitchell and Sarah Mitchell, his wife, to Anderson Amos, conveying forty acres, being the southeast quarter of the northwest quarter of Section 34, Town 86, Range 9. The witnesses were Daniel Wilson and John Brody. The instrument was executed and acknowledged before F. J. Rigaud, Justice of the Peace, September 25, 1846, and recorded by Lester W. Hayes, October 12, 1847 (6), at 2 o'clock P. M.
The second was a warranty deed, executed October 15, 1846, by Charles A. Belknap and Elizabeth L. Belknap, his wife, to Levi Lewis, conveying forty acres of land, for a consideration of $1 per acre. The witnesses to this deed were . John L. Shearer and Henry Nelson ; and all parties-grantors, grantee, witnesses and magistrates-lived in Linn County, but the land was in Benton.
The first record of sale of personal property recorded in the records of Ben- ton County was a bill of sale of one yoke of oxen, one two-horse wagon, three log chains, one brown cow and one yearling calf, made by Charles Hinkley to S. H. Tryon. It was executed and recorded January 13, 1847, acknowledged
1
319
HISTORY OF BENTON COUNTY.
before L. W. Hayes, a Justice of the Peace, recorded by I. W. Hayes, Recorder, and witnessed by L. W. Hayes and Joel Nation.
Immediately following is a receipt given by Tryon to Chauncy Leverich, in full of all demands against Charles Hinkley.
VOTE FOR STATE OFFICERS, OCTOBER, 1846.
Having held two elections in 1846, the settlers in Benton held still another, on the 26th day of October, at which they cast their votes for State officers, the Constitution having been adopted. The abstract shows the following :
For Governor-Thomas MeKnight had 28 votes ; Ansel Briggs, 13.
For Congress-Joseph H. Hedriek had 26 votes ; G. C. R. Mitchell, 21; S. C. Hastings, 18; Shepherd Leffler, 10.
For Secretary of State-James H. Cowles had 26 votes ; Elisha Cutter, Jr. 9; E. Cutter, 1. For Treasurer-Morgan Reno had 10 votes ; Egbert T. Smith, 26.
For Anditor-Estin Morris had 26 votes ; Joseph T. Falls, 10.
We do certify the above to be a correct abstraet of the votes given in Benton County, Iowa, October 28, 1846.
(Signed) STEPHEN HOLCOMB, CHARLES CANTONWINE, Justice of the Peace of Benton County, Iowa. (Attest) D. S. PRATT.
A MODEL JUDGE OF PROBATE.
The following unique document is apparently in the handwriting of Judge Mitchell, except the certificate of the Clerk, and leaves the inference that Judge Denison had resigned or had not accepted the trust :
STATE OF IOWA, BENTON COUNTY. SS., You dew solomly sware that You will Well And Truly support The Constitution of The united States of America And of this State, And faithfully And impartially to discharge the duties Required of you by law As Judg of probate, so helpe you god.
This. the 9th day of Mareb, A. D. 1847.
(Signed) JAMES MITCHELL.
Sworn and subseribed to before me this 9th day of march, A. D. 1847.
D. S. PRATT, Deputy Clerk of the District Court.
THE FIRST PROBATE COURT.
Immediately after his appointment and qualification, as above, Judge Mitchell appears to have held a Probate Court, and appointed Irwin D. Simi- son Administrator of the estate of William Carter, late of Town 85. Range 10. It is proper to add that the early probate records were collected and accurately transcribed by Judge John S. Forsyth.
Judge Mitchell appears to have had a system of orthography and method of doing business peculiarly his own ; and the transcript of proceedings in the first case before him will be found interesting :
PROBATE OFFICE, FREMONT, Benton County, Iowa.
A transcript of the proceedings had before James Mitchell, Judge of Probate for Benton Connty, lowa :
Know all men by these Presen's, That we, Irwin D. Simison, Samuel K. Parker and Beal Dor- sey, are held and stand firmly bound unto James Mitchell, Judge of Probate, or his successor in office in the county of Benton, in the State of Iowa, in the sum of eight hundred dollars, to be void on these conditions : If the said Irwin D. Simison shall make and return in the said office of Probate Cort of said county, within thre months, A true inventory of all the real estate and all the goods, chattles, rights and eredits of the estate of William Carter, deceaste, late of said county, which have or shall come to his possession or knowledge ; to administer, according to law, all the goods, chattles, rights and credits of the said William Carter, deceasett, and the proceeds of all his real estate that may be sold for the payment of his debts, which shall at any time come to the possession of the said Erwin D. Simison, administrator of the deceaste William Carter, or to the possession of the said Erwin D. Simison, administrator of the deceaste William
320
HISTORY OF BENTON COUNTY.
Carter, or to the possession of any person for him, and to render a firm oath, a true account of his administration within one year, and at any other times when required by the Judge of l'ro- bate ; to pay any balance remaining in his hands upon the settlements of his accounts, to such persons as the Judge of Probate shall direct : and deliver the letters of administration into the Probate Coarte in case any will of the deceased shall be thereafter duly proven and alowd.
In testimony whareof, we have herennto set our hands and seals, March the 15th, 1847. (Signed) 1. D. SIMISON, S. K. PARKER, [Seal. ] ESeal. March the 19th, 1847. BEAL DORSEY. Seal. ]
Fild and approved on the day and date above riten. James Mitchell, Judge of Probate of Benton County, State of Iowa, with his private [Seal] affixed, there being no public seal yet provided.
JAMES MITCHELL, .Judge of Probate.
STATE OF IOWA, BENTON COUNTY, SS., You dew solemnly sware that you well and truly administer the estate of William Carter, deseaste, late of said county, to the best of your skill and abilities, according to law, so helpe you god.
(Signed)
1. D. SIMISON.
Sworn to and subscribed before me. on the 19th day of March, 1847. James Mitchell, Judge of Probate of Benton County, Iowa, with his private seal affixte [T. L. ] thereto, being no public seal yet provided.
.JAMES MITCHELL, Judge of Probate.
Summons issued by the Judge of Probate of Benton County and State of Iowa, on the 19th day of March, 1847, to the following effect, to wit :
STATE OF IOWA, BENTON COUNTY, SS., To the Sheriff of said county, Greeting, in the name of the United States of America : You are hereby commanded to summons John Hendershot, Charles Cantonwine and George Cantonwine to be and appear before me forthwith, to be sworn as appraisers of the estate of William Carter, deceaste, late of said county ; to prosede and ap. prase said goods and chattels of the said deceaste that may be found in said county. And of this writ make lagal service, and dew return, according to law. Given under my hand and Pro- bate seal annexte, ther being know seal [S. L. ] yet provided by the county.
March 19, 1847.
JAMES MITCHELL, Judge of Probate of sud county.
Returned on the 20 day, with the following indorsemente :
Served the within writ by reading to the within named persons, March the 20th, 1847. BEAL DORSEY, Dept. Sheriff.
Appraisors appeared on the 20th day of March, 1847, and after being duly sworen acording to law, proceded to apprais the property of the deseast, and a return maid their of, as is hereunto annexte by the administrator of the estate.
An inventory and appraisment of the real estate and goods and chattles, rights, credits and effects which were of William Carter, late of Benton County and State of lowa, decesed. taken on the 20 day of March, 1847 :
The Clame of the deseased and improvements on the s. w. } of Sec. 32, in To. 85 N. of R. 10 W. of the 5th pr. mer., $100.00; three flour barrels. 75c .; 2 tight barrels ; 200 porke in bar- rel, 4.00; 23 acres wheat in field, 8.00 ; 1 shot gun, 4.00; 1 tin bucket, 50c .; 2 small tin pans, 123 cts .; 1 large do do, 25 cts .; 1 coffee pot and tin cup. 12} cts .; stone jar and lard, 50 cts .; 1 skillet & lid, 75 cts .; 1 small pot, 50 cts .: 4 bushels of corn, 75 ets .; 1 basket, 37} cts .; four sacks, 25 cts .; 3 pecks buckwheat, at 25 cts .; 25 lbs. salt, 373 cts .; 2 dozen candles, 20 cts .; 1 muskrat trap, 25 cts .; 1 bushel white beans, 50 cts .; 1 doz. chickens, 1.00 : 1 pike and ring. 25 cts .; 1 bible, 1.00 ; 1 hymn book, 25 cts ; hunts history of Mormons; 1 olmanac, 10 cts .; 13 lbs. shot, 15 cts .; 1 bar of lead, 6 cts . 7 flints, 7 cts ; 1 powder & horn, 25 cts .; one clawham- mer, 15 cts .; } 1b. 4p. nails, 4 cts .; 1 large box, 25 ets .; 1 1b. saleratus, 12 cts .; } paper, 6 cts .; 1 not mall, 12 cts .; 1 bushel corn, 20 cts .; 11 head stock hogs, 17.00: one yoke oxen, 30.00 ; 1 yearlin calf, 3.00 ; 1 old ax, 25 ets .; 9 saw logs, 3.00; 1 choping ax, 25 cts .; 1 iron wedge, 75 cts .; 1 frying pan, 25 cts .; 1 raisor, 50 cts .; } set knives and forks, 25 ets .: bed tick, 3.00 ; G. B. White's note for eight and twenty-five cents, to be paid in breaking prairie, 8 25 cts .; G. B. White's note, braking 15 acres prairie, 22.50 cts .: 1 pocketbook, 75 cts .; 2 stands bees, 4.00 ; Samnel Braggleton's note, for uncertain, 3.00 ; 1 stirring plow, 4.00 : 1 pail, 12 cts .; 1 pitchfork & sledd, 1.25. Total amount of the hole inventory, 232 00. March 20th, 1847. Appraisors' names, Charles Cantonwine, John Hendershot and George Cantonwine.
Personally appeared Irwin D. Simison, and being duly sworn, deposeth and sais foregoing inventory is according to the present value, as appraised by the foregoing appraisors, and all the goods, chattles, lands and tenements that has come to his knolledge, in said county, this 20 day of Warch, 1847.
J. D. SIMISON, Administrator of the said estate.
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HISTORY OF BENTON COUNTY.
Sworn to and subscribed to on the day and year above ritten, before me James Mitchell, Judge of Probate of Benton County, state of lowa, with his private seal affixte [Seal] there being no seal yet provided by the county.
JAMES MITCHELL, Judge of Probate.
Ordered, by the Judge of Probate, That Irwin D. Simison shall give notice of his appoint- ment as administrator of the estate of William Carter, deseaste, late of Benton County, State of lowa, within the time prescribed by law, by posting up three written advertisements in three public places in said county.
James Mitchell, Judge of Probate of Benton County, State of lowa, with his private seal [s. S.] affixte, there being no seal yet provided by the county.
JAMES MITCHELL, Judge of Probate.
The Judge also ordered the above-named Administrator to offer for sale the real and personal estate of the deceased, and then followed an inventory of his clothing and record of expense :
A inventory of the clothing and other private articles left in the hands of the administrator of the estate of William Carter, deseaste, of Benton County, State of Iowa, to be delivered to the legal Heirs, if called for, to wit : 1 blue broad Cloth coat, one uniform coate, coton, one ging- ham Coate, one linen roundabout, one cotton vesting vest, one twilde cotton veste, one Casamir veste, one pair of pants, cotton tickin, one pair of linin pants, one neckties, three pare of Cotton drilling drawers, one Caronel frocke coate, one Close sack. This, the 14th day of April, 1846. I. D. SIMISON, Administrator of the estate of the deceased.
STATE OF IOWA, BENTON COUNTY, William Carter, Dr.,
To John Hendershot, August, 1846 :
To boarde three weeakes, when siek at my house. 6 00
For work done and debt paid for said Carter to Green. 5 00
For expence of keeping and waiting and attending on said Carter in his laste
sickness, in 1847 15 00
Hole amounte. 26 00
Fees of Sheriff on summons for John Hendershot, C. Cantonwine and G. Can- tonwine, serving and milage to C. Cantonwine, serving and milage to G. Cantonwine, serving and milage for John Hendershot-for serving and milage for all. 1 10
I do hereby certify that the foregoing is a true coppy of all the papers that came to my hands, in the office of Probate Court. in the case of Irwin D. Simison, Administrator of the estate of William Carter, deceased.
Given under my hand, this 20th day of January, A. D. 1852. JOHN S. FORSYTH, County Judge.
The second and last aet on record of James Mitchell, as Probate Judge, was the appointment of " Jackson Tailor " as guardian of " Lydia Ann Wil- lard." Jackson Taylor was then a resident of Black Hawk County.
The first act of Judge D. S. Pratt, who succeeded Mitchell, is dated March 22, 1848, being the appointment of Samuel M. Lockhart, of Benton County, as Administrator of the estate of F. J. Rigaud, which inventoried at $221.01.
The next one is dated April 26, 1848, and was the appointment of Stedman Penrose as Administrator of the estate of Gilman Clark, which amounted to $253.90.
SPECIAL ELECTION.
Until this time, for some cause, the people of the county had not elected a Prosecuting Attorney, District Clerk or School Land Commissioner, but at the election on Wednesday, April 7, 1847, D. S. Pratt, the Commissioners' Clerk, certifies that at an election on Monday. the 5th, the following officers were elected, viz. : Prosecuting Attorney, Fras. Jas. Rigaud; District Clerk, D. S. Pratt; School Land Commissioner, E. D. Spencer.
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