USA > Indiana > Newton County > Newton County a collection of historical facts and personal recollections concerning Newton County, Indiana, from 1853 to 1911 > Part 6
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were instituted in the Newton circuit court to enjoin the commissioners of Newton county, viz., David Hess, Elmer Skinner and James A. Whaley; and the county council of Newton county, to wit: James Chancellor, John R. Hershman, Charles Hartley, George M. Her- riman, R. L. Ewan, Felix Tyler and Edward Roush, from letting a contract to build a court house at Kentland, Newton county, Indiana.
April 1, 1905. Case came up for trial, and the court, after hearing the evidence of wit- nesses and arguments of counsel, overruled the motion to enjoin the commissioners from building the said court house, and made the further order that the defendants, to wit, the county commissioners and county council, re- cover from the plaintiffs their costs in this case laid out and expended.
The plaintiffs thereupon made a motion for a new trial, which motion was by the court overruled.
The plaintiffs then prayed for an appeal to the supreme court, which was granted by the court.
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Transcripts of the proceedings were made out, filed in the supreme court, and on June 30, 1905, the supreme court, in a lengthy de- cision, overruled the action of the Newton circuit court.
The main point made by the supreme court in its ruling on the case was that the county council, in making the appropriation to build the court house, had done so by a motion and not by an ordinance. I quote from same :
"It is therefore ordered by this court that the judgment of the court below, in the above entitled cause, be in all things reversed as to the board of county commissioners of Newton county, all of which is ordered to be certified to said court."
During the time this case was pending in the supreme court, the contractor, Eric Lund, had commenced work on the building, and at the time the decision of the supreme court was rendered he had put in the foundation and the side walls up to the top of the first story. The commissioners had paid him on this work the sum of $12,000, for the payment of which
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amount they held an indemnifying bond signed by a large number of the citizens of Jefferson township to protect them against any loss that might come to the county by reason of such payment.
This decision of the supreme court, of course, brought everything to a standstill. What had been done would be a total loss un- less steps were taken to complete the building. It also had the effect of destroying the legality of the bonds, issued to pay the cost of such construction. The owners of the bonds im- mediately proceeded by suit to recover from the county the amount paid for same, together with interest and costs. Everything that had been done was void and matters had to com- mence again at the very beginning.
The county council met and this time made an appropriation by ordinance instead of a motion, thereby complying with the decision of the supreme court.
September 6, 1905. The commissioners of Newton county met and placed upon their records the report of the county council, au-
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thorizing the commissioners to issue bonds and borrow $24,500 for the following purposes :
$19,450 for completing the court house.
$2,500 for furniture.
$800 for electric wiring and fixtures.
$250 for architect.
$1,000 for costs and attorney's fees in cir- cuit and supreme court.
$500 attorney fees for E. P. Hammond in commissioners' court and county council meet- ing.
On November 6, 1905, the commissioners made an appropriation of $28,500 to pay the judgment obtained by the bondholders. Of this amount $13,529.97 was already in the treasury and new bonds were issued for $14,- 970.03.
At the January term, 1906, the commission- ers ordered that, in accordance with the ordi- nance passed by the county council in Novem- ber authorizing the bond issue, the bonds of Newton county for that amount be issued and sold for the purposes above stated.
It was ordered that bonds in the sum of
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$23,000 be issued and sold to provide funds for the completion of the unfinished court house at Kentland. It was further ordered, at the same term, that the bid of Eric Lund to com- plete the building for the sum of $18,525 be accepted.
August 6, 1906. Joseph T. Hutton, archi- tect, employed by the commissioners to super- intend the construction of the court house, filed his report, certifying the contract made with Eric Lund to perform the same for the sum of $18,525, had been fully complied with.
It was therefore ordered by the commission- ers that the contract made with Eric Lund "having been fully complied with according to the terms and conditions of same, we there- fore accept said court house and dedicate the same to the use of the public, and to be used as and for the court house of Newton county, Indiana."
It was further ordered that the sheriff be directed to remove all books, papers, records and furniture from the old house and place the
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same in the proper offices in the new building, said removal to be made immediately.
The total cost of the new court house, when finished, may be thus stated :
Paid Eric Lund on first contract. . $12,000 Paid Eric Lund on second contract. 18,525
$30,525
Amount of bid on first contract.
26,195
Additional cost to county by reason of appeal, etc. $4,330
Afterward parties commenced suit in the circuit court to recover this difference from the signers of the indemnifying bond given to the commissioners but the court decided against them and the case was dismissed.
THE COUNTY SEAT FIGHT
W HEN this county was stricken off from Jasper, the question of the location of a county seat for Newton county was a dis- turbing proposition. At that time very few people lived south of the Iroquois river in the territory so stricken off. Probably ninety per cent. of the population was north of the river. It seems it should have been an easy matter for the residents to have settled upon some satisfactory point for the location of the county seat and that all might have worked together to accomplish that result. There were, how- ever, several communities in the central part of the county, each working for the county seat, and their influence was frittered away and destroyed by fighting one another. The principal towns contesting for the honor were Morocco, Brook, Beaver City, and a point
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about three miles east of Morocco, said to be the geographical center of the county. This confusion of sentiment among the majority of the citizens gave the commissioners an excuse for locating the county seat, as they did, at the extreme south end of the county but on the line of the only railroad then passing within the boundaries.
Although the county seat had been legally located, the majority of citizens were still dis- satisfied, many of them being very bitter over the matter and it was not long until the ques- tion of removal was raised. The authority for this was found in a law, passed in 1855, for the removal and relocation of county seats by a petition of two-thirds of the legal voters of the county, to the board of commissioners, asking for such removal and relocation. And so the following efforts were made to remove the county seat from Kentland.
NUMBER ONE
"September 6, 1860. Commissioners court of Newton county, Indiana, met. Present,
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THE COUNTY SEAT FIGHT
Thomas R. Barker, Michael Coffelt and Wil- liam R. Russell, commissioners, and the fol- lowing action taken :
"John Darroch, John Coffelt, F. W. Ham, Andrew Hess, Silas Johnson and James Ar- chibald filed on the 4th day of September, 1860, with the auditor of said county, a peti- tion for the removal of the county seat and its re-location at and on south half of the northwest quarter of section 36, town 29, range 9, averring that said petition contained the names or signatures of two-thirds of the legal voters of the county. And at the same time filed a deed for a site for county buildings, containing three and one-fourth acres of land, also deposited fifty dollars, as provided by law, for employing an architect.
(Prior to this time they had erected a build- ing to be used as a court house, an exact dupli- cate of the one at Kentland, on the proposed site for the re-location. This building stood for many years, known as the Beaver City Court House. )
"And whereas, A. J. Kent and others have
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objected to said petition as not containing two- thirds of the legal voters of the county, it is therefore ordered that the several petitions be read and that any person, for cause, may chal- lenge any name thereon and show cause why such name should not be counted on the same."
"September 7, 1860. Court met pursuant to adjournment. Present, same as yesterday. The whole day was spent in examining the petition for removal and the remonstrance against the same, and the evidence of witnesses as to their legality."
"September 8, 1860. Case still in progress. The petitioners introduced the poll book of the last election, showing that 492 votes cast at that time be taken as the true number of voters in determining this case."
The court ruled that the act of 1855, under which the petitioners were acting, left the question an open one to be decided by the court, the same as any other question of fact, by the best evidence obtainable. The court ruled that the 492 votes cast at the last election
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THE COUNTY SEAT FIGHT
fell short of the true number of legal voters in the county at that time. Therefore, the court was of the opinion that the 342 names on the petition and the 202 names remaining on the remonstrance made a total of 544, as the true number of legal voters in the county. And the petition not having two-thirds of the legal vot- ers on the same, it was therefore ordered that the case be dismissed.
The next movement made for the removal of the county seat was from the neighborhood of Brook, as shown by the following record of proceedings.
NUMBER TWO
"June 3, 1861. Commissioners met pursuant to adjournment. Present, William Russell, Michael Coffelt and Thomas R. Barker, when the following proceedings were had :
"C. E. Triplett, Z. Spitler, John Lyons, An- drew Hess, and others, petitioners for the re- moval and re-location of the county seat from the town of Kent to a site near the town of Brook, to wit: on the northeast quarter of the
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northeast quarter of section 19, town 28, range 8, filed ten petitions said to contain 390 sig- natures to the same, also deed for five acres of ground as a site for public buildings, also bond of Z. Spitler for conveyance of 160 acres of land; also, to convey to the county every third lot in the town plat, to be laid out in said northeast quarter of the northeast quarter of section 19, town 28, range 8; also a bond for one thousand dollars to be used for the erec- tion of public buildings. The petitioners also filed a list of the votes cast at the last October election.
"Now comes A. J. Kent and others and file a remonstrance against the said removal.
"The remonstrants then moved the court to strike from the petition for removal the name of all those who had, since signing said peti- tion, joined the United States army and been mustered into the service of the United States.
"The court ruled that said soldiers were not legal voters and their names be stricken from said petition."
The court convened from day to day, exam-
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THE COUNTY SEAT FIGHT
ining witnesses and hearing the argument of counsel.
"June 7, 1861. Court again met when At- torney M. Collins made a motion that the peti- tioners be allowed to withdraw their suit and all papers be returned to them. Which motion was by the court overruled.
"And it was then ordered by the court that on account of the defects in the bond for the one thousand dollars that this case be now dis- missed and that all papers in the same be re- tained by the court."
Again I quote from the records :
NUMBER THREE
"Commissioners' Court-Special Term- May 17, 1869. Present, Andrew Hess, John F. Johnson and James Halleck, commissioners.
"Come now James Nelson and files petition said to contain the names of 685 legal voters asking for the re-location of the county seat of Newton county, Indiana, at Beaver City. Also, files deed for land as site for court house and jail, and pays into court $250, of which $100
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is to pay architect and $150 to pay commis- sioners in assessing damages, as provided by law.
"Comes also, A. J. Kent, by his attorneys, Baldwin and Wallace, and files motion to dis- miss said petition, which motion was overruled by the court."
The case was continued from day to day. Motions and arguments of counsel were heard, and several affidavits filed and disposed of.
"May 19, 1869. Court met pursuant to ad- journment. Appeared also the petitioners by Hammond and Spitler, their attorneys, and moved the court to dismiss their proceedings with leave to withdraw all papers filed and money paid into court. Which motion was by the court allowed, and the case dismissed with- out prejudice."
One year later another effort was made.
NUMBER FOUR
"March 10, 1870. Court met in regular ses- sion. Present, Andrew Hess, John F. Johnson and James Halleck, commissioners.
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"Come now Daniel Ash, and 609 others, by Hammond and Spitler, their attorneys, and file thirty petitions praying for the re-location of the county seat of Newton county, Indiana, at Morocco upon the northeast quarter of the southeast quarter of section 21, town 29, range 9 ; also file deed for two and one-fourth acres of land as a site for the court house and jail; also tender and deposit the sum of $100 to pay an architect, and also the further sum of $150 to pay such damages as may be assessed against them, in conformity to the requirements of the law."
For some cause not disclosed in the records, the petitioners, by their attorneys, Spitler and Hammond, did, on March 11, 1870, come into court and dismiss these proceedings with leave to withdraw all the papers, money, etc., filed by them in this case.
Which motion was by the court sustained and leave granted.
II
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NUMBER FIVE
"December 24, 1872. Commissioners' court of Newton county, Indiana, met pursuant to adjournment. Present, Andrew Hess and Daniel Gray, commissioners ; John S. Veatch, auditor; William Patrick, sheriff, when the following proceedings were had :
"Comes now John W. Daveer, John Thompson and 952 others and file their peti- tion to re-locate the county seat of Newton county at Brook; also, file deed for two lots of ground as sites for court house and jail ; also, file bond for all costs or damages herein.
"Comes now, C. B. Cones, A. J. Kent and 580 others, by Peter H. Ward, their attorney, and file their remonstrance against said re- location.
"Counsel for petitioners move to strike said remonstrance from the files of this court, to which counsel for remonstrants objects, and court now adjourns."
"December 25, 1872. Court met pursuant to adjournment. Present, same as yesterday.
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"The court, after hearing argument of coun- sel and being duly advised in the premises, orders that the remonstrance against the re- location of the county seat at Brook be stricken from the files of this court for insufficiency.
"Come now the remonstrants, by their attor- neys, and file an amended remonstrance.
"Whereupon, the petitioners dismiss this cause and ask leave of the court to withdraw their paper, etc., which is granted."
NUMBER SIX
"June 19, 1876. Court met in special ses- sion. Present, O. G. McIlwain, A. M. Guil- ford and W. W. Wishard, commissioners ; J. Z. Johnston, auditor, and Jira Skinner, sher- iff.
"In the matter of the petition of Daniel Ash and others for the re-location of the county seat of Newton county at Morocco.
"Come now the said petitioners, by R. S. Dwiggins and Carmichael & Darroch, their attorneys.
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"Come also John G. Perry and Patrick Keefe, by E. O'Brien, W. H. Martin and J. T. Saunderson, their attorneys, and file re- monstrance to said petition.
"The petitioners now offer to pay or deposit the sum of $100 to pay an architect, and the further sum of $150 to pay any damages that may be assessed against them.
"Court adjourned."
"June 20, 1876. Court met pursuant to ad- journment. Present, same as yesterday.
"The petitioners now move the court for leave to file additional petitions in said cause, which motion was overruled by the court.
"The court, after having duly considered the question, refuses to receive or allow to be paid in or deposited by said petitioners the sum of $ 100 to pay an architect, and the further sum of $150 to pay damages that may be as- sessed against them, offered to be paid after the filing of the remonstrance.
"The whole day was spent in arguing differ- ent motions, and it was then ordered that the court do now adjourn until to-morrow."
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"June 21, 1876. Court met pursuant to ad- journment. Present, same as yesterday.
"Come now parties, by their respective counsel, and after hearing the evidence of wit- nesses presented and the argument of counsel thereon and being duly advised on the same,
"It is ordered by the court that the prayer of the petitioners for the removal of the county seat, as asked for in said petition, be refused.
"The petitioners then asked for an appeal to the circuit court, which was granted."
A change of venue was afterward taken from the Newton circuit court to Jasper county, and from Jasper county taken to Tip- pecanoe county, and while the case was in the Tippecanoe circuit court, a case was decided in the supreme court involving the same points in dispute as in this case, adverse to the peti- tioners. On that account this case was dis- missed.
Thus ended battle No. 6.
Prior to this time, all efforts made for the re- location of the county seat were, under the law of 1855, by petition. From this time on, action
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was had by election under a special law, ap- proved March 2, 1899, entitled "An Act to re- locate the county seat of Newton county."
It provided that if, at any regular session of the board of commissioners of Newton county, Indiana, four hundred legal voters and free- holders of said county, two hundred of whom had been freeholders at the last general elec- tion, shall present a petition praying that an election be held for the purpose of re-locating the county seat of said county at some point to be named in said petition, then such an election shall be called.
The petitioners were required to file a bond for $3,000 to pay the expenses of the election prayed for.
On compliance with these conditions the commissioners were required to fix a day for holding such election, the same to be not less than sixty nor more than ninety days from the date of granting the petition.
Three days after the election was held the inspectors were to meet at the clerk's office and canvass the votes so cast.
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THE COUNTY SEAT FIGHT
Within five days the clerk was to certify to the auditor the number of votes cast for and against said re-location, and if sixty-five per cent of the votes cast were in favor of re-loca- tion, the auditor was required to call the board of commissioners together within thirty days, they to take the necessary proceedings to carry out the requirements of the law for such re- location.
The next attempt to transfer the seat of gov- ernment was made under the law indicated above.
NUMBER SEVEN
"April 2, 1900. Court met in regular ses- sion. Present, E. Parsons, Henry T. Griggs and F. Edmondson, commissioners; S. C. Jones, auditor, and Chester Wickwire, sheriff.
"Comes now Frank Davis and others, and presents petition praying that an election be held for the purpose of re-locating the county seat of Newton county, at the town of Moroc- co, and affidavits showing that said petition contained the names of four hundred free-
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holders and voters, two hundred of whom were freeholders and voters at the last general elec- tion.
"At the same time petitioners file bond for $3,000, as required by law.
"And now come Carroll C. Kent, Patrick Keefe, George D. Rider, W. T. McCray, H. A. Strohm and J. V. Dodson and file their de- murrer to said petition.
"And the court, having examined the pe- tition and bond aforesaid, find that they meet the requirements of the law.
"It is, therefore, ordered that the prayer of the petitioners be granted and that an election shall be held on the 19th day of June, 1900, and the auditor is hereby ordered to give the legal notices for the same as required by law."
This election, which is still remembered by all who lived in the county at the time, brought out 1515 votes for a re-location and 1415 votes against the same.
The petitioners having failed to receive the necessary sixty-five per cent. of the vote cast, the county seat remained at Kentland. How-
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ever, another determined effort was made the same year.
NUMBER EIGHT
"Petition to re-locate county seat at Brook.
"Before the board of commissioners of Newton county, Indiana. Present, Henry T. Griggs and W. F. Edmondson, commission- ers ; S. C. Jones, auditor, and Jasper Collins, sheriff.
"Comes now John B. Lyons and others, and present to the board their petition praying for an election for the purpose of re-locating the county seat of said Newton county at Brook ; also, at the same time files affidavit of two free- holders showing that said petition contains the names of four hundred freeholders and legal voters of said county, and that two hundred of said signers were freeholders and legal voters at the last general election in said county, as required by law; and also, at the same time files a bond for $3,000, as provided by law.
"And the board, finding that said petition, affidavits and bond do in all things meet the
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requirements of the law, did on the 3d day of July, 1900, order an election to be held for the purpose of determining whether the county seat shall be re-located at the town of Brook, as prayed for in this petition.
"And the board did further order that said election shall be held on the 25th day of Sep- tember, 1900, and that the auditor gave proper notices of the same, as required by law."
On September 25, 1900, an election was held in accordance with said order, at which time 1337 votes were cast for the re-location of the r F county-seat and 1208 votes cast against such re-location.
The petitioners having failed to secure a legal majority of the votes cast, their case was dismissed by operation of law.
NUMBER NINE
"Petition for election to re-locate county seat at Goodland. Commissioners' court, Newton county ; regular term, October 1, 1900. Present, E. E. Parsons, Henry T. Griggs and
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THE COUNTY SEAT FIGHT
W. F. Edmondson, commissioners; S. C. Jones, auditor, and J. J. Collins, sheriff.
"Court met and adjourned from day to day until October 5, 1900, when the following pro- ceedings were had :
"Come now the petitioners, by Emery B. Sellers, their attorney, and present their peti- tion and bond praying that an election be held for the purpose of re-locating the county seat of Newton county at Goodland, with the affi- davit of three freeholders attached, showing that said petition has been signed by 400 free- holders and legal voters, 200 of whom were freeholders and legal voters at the last general election in said county.
"The court, finding that said petition, affi- davits and bond in all respects meet the re- quirements of the law do now order that an election be held in accordance with the prayer of the petitioners and that said election be held on the 30th day of January, 1901.
"Come now Carroll C. Kent, W. H. Ade, W. T. McCray, Ephraim Sell, George D.
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Rider and J. V. Dodson praying for an appeal to the circuit court, which was granted."
On trial of the appeal in the circuit court the action of the commissioners was sustained, whereupon the remonstrants took an appeal to the supreme court. Afterward, to wit, on the 19th day of March, 1902, the supreme court sustained the action of the circuit court and the commissioners of Newton county were ordered to fix another date for election.
The commissioners, on April 7, 1902, or- dered that a special election, for the purpose of determining the question as to the re-loca- tion of the county seat at Goodland, be held on June 7, 1902.
At this election, 1834 votes were cast for the re-location and 697 votes were cast against the same.
The commissioners met in June, 1902, and certified that the petitioners had received more than the sixty-five per cent. necessary.
On August 12, 1902, commissioners ap- pointed by the governor to appraise the public
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THE COUNTY SEAT FIGHT
buildings at Kentland met and reported the same to be of the value of $1,000. Said report was signed by Albert M. Burns, Anthony A. Anheir and George W. Williams.
Afterward, on August 27, 1902, John R. Davis commenced action in the circuit court to restrain the county commissioners from let- ting contracts for the erection of county build- ings at the town of Goodland, and the court did, on the Ist day of September, 1902, refuse to grant the order prayed for.
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