USA > Minnesota > Houston County > History of Houston County, Minnesota > Part 107
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liam Powlesland of the United Kingdom. Sept. 18, James Kenney, Edward Caffrey and Daniel Hayes of the United Kingdom.
After the organization of the state, May 11, 1858, when Houston county was placed in the Third District, Thomas Wilson became judge of the district, taking office May 24, 1858, and serving until July 1, 1864. He held his first term of court in Houston county, Nov. 1, 1858, and his last May 17, 1864.
Thomas Wilson was born in Tyrone county, Ireland, May 16, 1827, and died at St. Paul, April 3, 1910. He came to the United States when twelve years old, and was graduated at Alleghany College in 1852. He was ad- mitted to the bar at Meadville, Penn., in 1855. In the same year he came to Minnesota, settling in Winona. He was a member of the Constitutional Convention in 1857, and, as previously mentioned, was judge of the Third Judicial District from 1858 to 1864. He was associate justice of the Minne- sota Supreme Court in 1864, and its chief justice from 1865 to 1869. In 1881, he was a representative in the legislature, a state senator from 1883 to 1885, and a representative in congress from 1887 to 1889. He removed to St. Paul in 1892, and until his death was general council of the C., St. P., M. & Omaha Railway Company.
He was succeeded as judge of the Third District by Lloyd Barber, who took office Sept. 12, 1864. Judge Barber held his first term of court in Houston county, Nov. 8, 1864, and his last Oct. 17, 1871.
Lloyd Barber was born at Bath, Steuben county, N. Y., Jan. 11, 1826. In 1846, he came west to Illinois, but soon returned to New York. In 1852, he visited St. Paul, Minn., but again returned to the East, where for six years he taught school and studied law. In 1857, he was admitted to the bar and practiced in Bath, N. Y. Coming west again in 1858, he located in Rochester, Minn. In 1862, he was appointed county attorney of Olmstead county, and on Sept. 12, 1864, he was appointed judge of the Third Judicial District, being elected to the same position in the fall. The district then consisted of Wabasha, Winona, Houston, Fillmore and Olmstead counties. Judge Barber retired from the bench Dec. 31, 1871. In 1874, he opened a law office in Winona, where he practiced for nearly 35 years. His death occurred May 8, 1915.
The next judge of the Third District was Chauncey N. Waterman, who took office Jan. 1, 1872, and served until Feb. 18, 1873.
Chauncey N. Waterman was born in Rome, N. Y., in 1823. He was graduated at Hamilton College, N. Y., in 1847. After taking a law course at Harvard University, he practiced with C. H. Berry at Corning, N. Y., and with him came to Winona, Minn., in 1855. The partnership continued until 1872, when Mr. Waterman was elected judge of the Third Judicial District. Thirteen months later he died of pneumonia. Judge Waterman held his first term in Houston county, May 7, 1872, and his last Dec. 27, 1872.
On Jan. 1, 1873, Houston county was placed in the Tenth Judicial Dis- trict. Sherman Page, who had been elected judge of the district at the fall election of 1872, held his first term in Caledonia, May 6, 1873.
Sherman Page, who was judge of the Tenth Judicial District from
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1873 to 1880, was a native of Vermont. After coming west he lived for awhile in Lancaster; Wisconsin, but came to Mower county, Minnesota, from Decorah, Iowa, and took up his residence in Austin. He was a man of imposing presence, a shrewd, forcible and pleasant speaker, and a sarcastic and vigorous writer. He was also possessed of a remarkably well trained mind, but unfortunately was of an arrogant and self-sufficient dis- position, which could not fail to arouse antagonism, and create bitterness and turmoil. His career in Mower county from 1867 to 1881 is still referred to as "The Page Era," and was a period in which the county was divided into two hostile camps, that of his friends and that of his enemies, the lat- ter forming the larger faction. His character as a private citizen was reflected in his conduct on the bench. His enemies complained that he decided cases to suit his prejudice rather than on the principles of law and justice. In the fall of 1878, the lower house of the legislature pre- pared articles of impeachment against him, and he was put upon his trial in May, 1878, before the senate sitting as a court of impeachment. The charges consisted largely of "wrongful, malicious and oppressive conduct while judge." The prosecution lacked the requisite number of votes to convict him, and he was acquitted. After his impeachment he was again a candidate for election, but was defeated by Hon. John Q. Farmer. But the fight was not ended. Sometime thereafter he was shot at while read- ing in his home. Again the courts were occupied with Page matters. But the alleged assailant was acquitted and the Page influence waned. In 1882, Judge Page removed to California.
After Judge Page's impeachment, J. S. Pillsbury, on March 14, 1878, appointed temporarily to the bench of the Tenth District, Hascal R. Brill, of St. Paul, a judge of the Second District. Judge Brill was born in the Province of Quebec, Canada, Aug. 10, 1846, and came to Minnesota in 1859. He studied at Hamline University and at the University of Michigan. He settled at St. Paul and was admitted to the bar in 1869. In 1875, he was appointed judge of the court of Common Pleas. He was a judge of the Second District from 1876 to 1901. He held his first term in Houston county, May 7, 1878.
Judge Page, after his acquittal, resumed his seat on the bench and
. held court in Houston county, Oct. 15, 1878. He held his last term in October, 1879. His successors on the bench of the Tenth District were: John Q. Farmer, Jan. 10, 1880, to January, 1893; John Whytock, January, 1893, to Nov. 26, 1898; Nathan Kingsley, Nov. 26, 1898, to June 2, 1916; and Samuel D. Catherwood, June 12, 1916, to the present time.
John Quincy Farmer, who held his first term in Houston county, May 4, 1880, was born in Burke, Vt., Aug. 5, 1823. He was admitted to the bar in Ohio in 1851. In 1864, he came to Minnesota, settling in Spring valley. In 1866-68, he was representative in the legislature, being speaker of the house during the last two years. He was state senator in 1871-72, and judge of the Tenth Judicial District from 1880 to 1893. He died on a rail- way train in August, 1904. Judge Farmer was an admirable man, loved and admired by everybody. It has been said that he was not a student. He was. He was a student of human nature; he possessed good common
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sense; he had a good grasp of the law; he was well equipped by experience, precept and example to perform the work imposed upon him, and his de- cisions were generally sustained by the appellate courts.
John Whytock was born in New York in 1835. He studied law in his native state and was admitted to the bar in 1860. In the same year he moved to La Crosse, Wis. In 1861, he enlisted in the army, and served three years and eight months, until the surrender of Lee, when he resigned with the rank of major. He thereafter moved to Little Rock, Ark., where he resided for ten years, during which time he held successively the offices of state attorney, United States attorney, and circuit judge. In 1876, he settled at Albert Lea, Minn., where he engaged in the practice of law. He held the office of county attorney of Freeborn county for two terms. In 1892, he was elected judge of the Tenth District. In November, 1898, while holding court at Preston, Fillmore county, he was taken ill and a few weeks later died at his home in Albert Lea. Judge Whytock was in every sense a fair-minded judge, and well equipped for the position in a legal and in- tellectual sense, but owing to his imperfect hearing he always seemed to work at a disadvantage.
Nathan Kingsley was born at Sharon, Conn., Sept. 10, 1850. In 1858, his father moved west, settling on a farm in La Salle county, Illinois. In March, 1869, Mr. Kingsley came to Minnesota and worked on a farm until the following year, when he learned the miller's trade. He was admitted to the bar at Preston, Fillmore county, in November, 1876, and in February, 1877, began the practice of law at Rushford, that county. In December, 1878, he moved to Chatfield, Fillmore county, and opened an office there. At the November election, in 1880, he was elected county attorney of Fill- more county, and held the office four years. In April, 1887, he moved to Austin, in the same county. He was appointed judge of the Tenth District by Governor Clough to fill the vacancy caused by the death of Whytock, and assumed the duties of the office, Nov. 26, 1898. In 1900, he was elected district judge, and served until his resignation in 1916. He died soon afterward. Judge Kingsley was possessed of a keen and discriminat- ing mind, a judicial temperament, and that degree of impartiality essential to the position and the making of an ideal judge. He served to the entire satisfaction of the bar and the people of the district, and was commended for his dilligence and prompt disposition of all cases and matters presented to him or coming before him for judicial action.
Samuel D. Catherwood was born in Freeborn county, Minn., Nov. 12, 1859. He was admitted to the bar in 1888, and immediately began the practice of law at Austin. He was county attorney of Mower county for three terms. He is an active member of the State and American Bar associations. On June 12, 1916, Judge Catherwood was appointed to suc- ceed Judge Nathan Kingsley, who had resigned. He was elected judge of the Tenth District at the November election of 1916.
The attorneys practicing before the district court of Houston county from the organization of the court up to the close of the Civil War, were: Morton S. Wilkinson, Hokah; William Dennison, La Crosse; John J. More- land, Brownsville; Edwin Flint, La Crosse; Wyman Trask, Caledonia ; John
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H. Smith, Brownsville; Orville T. Gilman, La Crescent; W. H. Lapham, La Crescent; Samuel McPhail, Caledonia; W. H. Tucker, La Crosse; Samuel Cole, Chatfield; John O. McNulty, Brownsville; M. G. Thompson, Browns- ville; S. S. Burton, La Crosse; E. Fox Cook, La Crosse; John J. Cole, La Crosse; Daniel S. Norton, Winona; George W. Padelford, Hokah; Frederick L. Seely, Brownsville; Hugh Cameron, La Crosse; Albert W. Bishop, La Crosse; Joseph W. Losey, La Crosse; G. W. Hill, Caledonia; A. S. Lindsey, Caledonia; Capt. E. H. Kennedy, Houston; George F. Potter, La Crescent; David L. Buell, Caledonia; Thomas H. Conniff, Caledonia; B. F. Mont- gomery, La Crosse; James S. Lyndes, La Crosse; W. S. Burroughs, La Crosse.
From the close of the Civil War until Centennial Year, the new names which appear among the lawyers practicing before the Houston county district court are those of: William H. Stogdill, La Crosse; M. Wheeler Sargeant, Winona; Gilbert I. Wetenhall, Brownsville; Richard A. Murray, Hokah and Rushford; Capt. W. H. Harries, Hokah and Caledonia; J. E. Atwater, Rushford; C. D. Ramsdell, Houston; George R. Willett, Decorah; William H. Yale, Winona; James O'Brien, Caledonia; George Gale, Jr., Galesville; William Mitchell, Winona; Angus Cameron, La Crosse; Richard Lester, Caledonia; P. J. Smalley, Caledonia; M. P. Wing, La Crosse; John R. Jones, Chatfield; Richard A. Jones, Rochester; Angus Cameron, La Crosse; William Gale, Winona; Thomas Wilson, Winona; T. J. Widvey, La Crosse; Guilbrand J. Lomen, Caledonia; E. N. Donaldson,
; Oliver Wheaton, Caledonia; C. S. Trask, Caledonia.
In the succeeding years, the lawyers living in the county have been fewer in number, and have for the most part been located in Caledonia. Lawyers from neighboring counties have continued to practice here. Among the local lawyers of the past thirty years may be mentioned: W. R. Dux- bury, Caledonia; W. G. Drowley, Caledonia; George E. Dyer, Caledonia ; Aaron Brayton, La Crosse; Bert. Van Luven, Caledonia; Capt. S. B. Mc- Intire, Houston.
The present bar of Houston county consists of F. A. Duxbury, L. L. Duxbury, O. K. Dahle, W. A. Deters, William E. Flynn, Charles A. Dorival and C. S. Trask, of Caledonia; J. C. Raymond, of La Crescent; and Dwight A. Buell, of Caledonia.
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CHAPTER XVII HOUSTON COUNTY MASONRY (By Charles A. Dorival)
A history of Masonry in Houston county and of its founders would be in a measure a history of the county, for the stalwart pioneers who founded the county and who created this beautiful and prosperous com- munity from a wilderness of hills and prairie, also founded our lodges, and their instructive tongues transmitted to us, their descendants, unimpaired the excellent tenants of our institution.
Grand Master Moses Sherbourne in his address before the Fourth Annual Communication of the Grand Lodge in 1856, relates that "In May last (1855), I received the petition of several brothers residing in this ter- ritory opposite La Crosse, in the State of Wisconsin, for permission to join the Lodge at La Crosse." This permission was granted, but does not have appeared to have satisfied the Masons of Houston county, for on February 22, 1856, dispensation was granted by Grand Master A. C. Pierson for the establishment of a lodge at Hokah, and on January 8, 1857, charter was granted to this Lodge as Hokah No. 17.
In 1857, this lodge was visited by the Grand Master, and he reports that several members were in attendance whose residence was 15 miles distant, that not only were they in attendance at that meeting, but that they were generally punctual at all meetings. Their example should be imitated by our present members.
C. G. Wyhoff was the first Master of this lodge, and other Brothers prominent in its organization and early history were C. W. Thompson, Edward Thompson, B. F. Pidge, D. L. Clements and S. J. Printiss.
In March, 1860, the Charter, clothing, jewels, and furniture of the lodge were destroyed by fire, and at the next meeting of the Grand Lodge we find that the Grand Lodge dues were remitted and a new charter granted without fee. In these days Hokah lodge was one of the strong lodges in the state, and its members were honored by elective and appointive offices in the Grand Lodge.
With the removal of the railroad shops and mill from Hokah the lodge began to decline, and in the report of the Grand Master in 1906, we find that the District Deputy reports that there had been no meeting of the lodge for 5 years. Investigation of the Grand Master disclosed that the lodge returns showed two restored during the year and one withdrawn. Examination of the returns for 1904, showed that 17 members were stricken from the roll that year. The Grand Master relates writing to the secretary, and receiving a reply stating that the last meeting of the lodge was held December 23. 1904. at which time the names of 17 members
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were stricken from the roll. The constitution of the Grand Lodge provides that the failure of a Lodge to hold a meeting for one year shall be cause for forfeiture of its charter, and on June 25, 1906, the charter of this, the pioneer lodge of the county, was surrendered. The last officers of the lodge were: L. T. Lyon, Master; J. D. Becker, Senior Warden; and W. S. Moe, Secretary.
The next lodge organized was Caledonia, No. 20, dispensation for the formation of which was granted in 1857. The lodge held its first meeting, as a Lodge, U. D., on Friday evening, Oct. 2, 1857, in the room over the north end of Ara D. Sprague's store, located on the present site of the Sprague State Bank.
At this meeting there were present William B. Burfield, W. M .; William F. Dunbar, S. W .; Robert S. Williams, J. W .; Samuel McPhail, A. D. Sprague, William W. Willis; and as visiting brothers, James Hiner and Eugene Marshall of Hokah Lodge, No. 17. A full charter was sub- sequently granted by the Grand Lodge, dated Jan 7, 1858. The first ap- plicant for the degrees conferred in Masonry was William D. Gibbs, who, after the usual preliminary steps was duly elected, and was initiated Nov. 17, 1858.
At the first election of the Lodge on Jan. 21, 1858, the following officers were elected: R. S. Williams, Worshipful Master; W. B. Burfield, Senior Warden; J. J. Belden, Junior Warden; W. D. Gibbs, Secretary; Ara D. Sprague, Treasurer; and Samuel McPhail, Senior Deacon. These officers were duly installed by C. W. Thompson, Worshipful Master of Hokah Lodge, No. 17.
In July, 1871, the Eastern Star Degree was conferred on a number of the wives and daughters.
For a complete history of this Lodge, see article by W. H. Harries, in Grand Lodge Report, 1905, pages 154-159.
On Nov. 15, 1858, G. M. Purson granted dispensation for the formation of Lodge at La Crescent, and the next session of the Grand Lodge on Oct. 26, 1859, charter was issued to Morning Star Lodge, No. 29, at that place. with Capt. J. C. Day as Master and J. O. Sawyer as Senior Warden. Others active in the formation of the Lodge were Herman Gleason, Capt. E. H. Kennedy and Geo. F. Potter. This Lodge is still alive and vigorous.
Soon after the formation of the Lodge at La Crescent the Civil War broke out and the growth of Masonry was halted and disorganized. A striking illustration of this condition is the fact that no session of the Grand Lodge of Minnesota was held during the year 1863.
An example of Masonic charity which will forever be well cherished occurred in 1867, when in response to an appeal from G. M. Nash for contributions for relief of suffering in the southern states, Caledonia Lodge No. 20 contributed $31.50, and Morning Star No. 29, La Crescent, $49.50. When one considers that the Great War had just ended and that the contributions were made for the relief of those who had recently tried to dismember the Union, it affords a great lesson in Masonic charity.
The Masons at Houston appear to have had some difficulty in organiz- ing, as Grand Master Purson in his address to the Grand Lodge in 1861
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reports that "application for a dispensation was made for a new lodge at Houston. Although the applicants were personal friends and the applica- tion was recommended by two lodges, I felt compelled to decline to grant the request, because there are three lodges in the county and one would probably be materially injured by the establishment of a new lodge, and because of the sparse population surrounding the proposed location I doubted the ability of the brethren to sustain a lodge for any length of time."
No further effort appears to have been made until 1867, when Bro. E. H. Kennedy, representing Morning Star Lodge No. 29, at the session of the Grand Lodge, presented a petition of the brethren residing at Houston for dispensation to open a lodge at that place and dispensation was so granted Oct. 23, 1868, and the lodge was chartered as Mystic Circle No. 79 on Jan. 15, 1869, with the following officers: E. H. Kennedy, Master; Eugene Marshall, S. W .; W. S. Case, J. W., and F. N. Goodrich, secretary. The lodge at Houston was not, however, over its troubles, as its hall was destroyed in 1870, and for over a year no meetings were held. The Grand Lecturer and Visitor expressed dubiousness as to whether a lodge could ever be maintained at that place, and, in fact, for four or five years it re- mained practically dormant. The Grand Lecturer in the same report com- plimented the now defunct Hokah Lodge, which shows how times have since changed.
Though efforts for a lodge were previously made at Houston, the Brownsville Lodge antedates them in organization and number of charter. Disposition was granted for a lodge at this place on Nov. 19, 1866. The report of the Committee on U. D. Lodges in 1867 does not give this lodge a very flattering report of its work and recommended that it be continued under dispensation. It was finally chartered as Brownsville Lodge No. 73 on Jan. 15, 1869, with the following officers: J. B. Le Blond, Master ; J. M. Riley, S. W .; Wm. M. Wycoff, J. W .; and E. B. Strong, secretary.
The lodge at Brownsville was never strong in numbers, having been founded at about the time of the decline but had in its membership some very well informed Masons. It decayed with the decay of the town and on May 12, 1905, its membership had shrank to sixteen, several of whom were non-residents, and on that day surrendered its charter. The mem- bers of this lodge, as with the defunct Hokah Lodge, largely became mem- bers of the lodge at La Crescent. The last officers of the lodge were: C. E. McCan, M .; J. C. Beck, S. W .; W. F. McCan, J. W .; E. M. Winslow, secretary.
Orient is one of the most interesting lodges of the county, into whose history it would be well to go deeper than the length of this paper or the material at hand would permit. Situated in a rural community, it is unique in the county and there are probably only one or two such lodges in the State. It is strong and vigorous, new life having taken the place of its founders. It owns its own place of meeting and a visit to the lodge is a great pleasure. Dispensation was granted for its establishment Dec. 9, 1869, and it was chartered Jan. 11, 1871, as Orient Lodge No. 84, with twelve members, its first officers being: Master, I. H. Goodwin; Senior
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Warden, Nathan Vance; Junior Warden, Harrison Wood; Secretary, W. E. Barber.
The earliest statistics I have been able to procure as to membership I find in the proceedings of the Grand Lodge for 1869 and are as follows: No. 17, Hokah, 48; No. 20, Caledonia, 36; No. 29, La Crescent, 44; No. 73, Brownsville, 14; No. 79, Houston, 25; total, 167.
The proceedings of 1870 give a list of the members of all the lodges in the State, and as a matter of interest I have incorporated the names herein.
Hokah Lodge No. 17: Clark W. Thompson, Edward Thompson, Oreb Parker, Anthony Demo, Cyrus G. Wykoff, D. L. Clement, John N. Klene, David House, B. F. Pidge, J. H. McMillan, L. S. Keeler, Geo. O. Evans, Wm. F. Weber, Waller Krick, Michael Wilhelm, Hosea A. Wightman, Wm. E. Smith, John C. Snure, Sam J. Prentiss, Martin Diem, Lewis C. Foote, John Currie, Horatio Selfridge, Donald Currie, Benjamin Locke, Lemuel Rossiter, Levi T. Lyon, Wm. Snure, James Thompson, Andrea P. Coulter, Frederic Oben, John G. Craig, Chas. R. Townsend, Harvey H. Snure, Albert J. Snure, John Hallmeyer, Wm. H. Harris, Worthington A. Prentiss, Richard M. Clements, Wm. H. H. Dunham, James McDowell, Lorenzo D. Maxwell, Westy Luddington, Eugene Perkins, Wm. C. Pidge, Augustus B. Lyon, Wm. M. Wycoff, Milton W. Selby, Jacob F. Fleischer, Wm. Purshall, Richard A. Murray, Columbia French, Lewis L. West, Geo, H. Willis, Norman Webster, D. A. McArthur and Charles E. Massey. Total, 57.
Caledonia No. 20: Wm. F. Dunbar, Chas. A. Coe, James J. Belden, Jacob Webster, Ara D. Sprague, Daniel Gates, Joshua Rollins, Thomas W. Burns, Edward Nule, James O. Phillips, E. P. Dorwal, N. E. Dorwal, Wm. McGuines, Fernando S. Laflin, Winston Taylor, Bailey B. Webster, Alonzo A. Preston, Wm. Angus, P. P. Wall, Theobald Krick, Daniel Hainz, M. M. Wooden, Aaron Beard, John Polley, Edwin H. Stewart, D. G. Sprague, John O'Connor, Nicholas F. Damron, Millon B. Metcalf, R. F. Judd, Henry M. Rollins, Ora N. Ferrin, Joseph Green and James B. Southworth. Total, 34.
Morning Star No. 29: L. R. Hall, R. N. Anderson, Thos. McRoberts, Herman Gleason, H. D. Gurley, W. W. Buck, Chas. Guynup, Nathan Brown, W. H. Carroll, B. S. Grant, O. D. Grant, John Fumga, Jr., John J. Johnson, P. H. Grant, J. H. Wheelock, Thos. Fletcher, James P. Bissett, Chas. H. Workman, H. Fosset, Alex Steadman, Wm. Steadman, Daniel Steadman, and John A. Anderson, Geo. F. Potter, J. A. Higgins, James P. Berry, Henry T. Fox, John Fumga, Sr., J. A. Sawyer, W. R. Anderson, S. C. Dick, L. Van Loon, F. Minke, Thomas Minshall. Total 34.
Houston No. 79: F. N. Goodrich, Edward D. Brown, Charles Tiffany, E. McIntire, Wm. E. Barber, Moses Emery, Neils Scherlie, Cortland Fitch, Isaac Thompson, Ole G. Hogan, Thomas Rhodes, Chas. Emery, Henry McGowan, DeWitt C. Dyer, Andrew L. Tennison, Henry I. Airon, Oscar Ainsworth, Gilbert M. Corey, Joshua Emery, Nathan Vance, E. H. Kennedy, W. S. Case, Eugene Marshall, Albon P. Mann. Total, 24.
Brownsville No. 73: J. B. La Blond, Thomas McMichael, Harrison H. Selfridge, Harvey Bell, Chas. Mehl, Phillip J. Schaller, John H. Smith,
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Jos. Habercorn, Henry Shrond, Geo. Hoffman, Jesse Bell, Fred Gluck, J. M. Riley, Valentine Richard, Jacob Walters, Christopher Clark, John C. Beck, and E. B. Strong. Total, 18.
Total in county, as previous year, 167.
This carries the record down until all the lodges in the county had been organized. The growth of Masonry in the county was slow from this period until the past few years. The returns for 1905 show a membership in the active lodges in the county as follows: Caledonia No. 20, 61; Morn- ing Star No. 29, 49; Mystic Circle No. 79, 44; Orient No. 84, 16; total 170- a very small increase in thirty-five years. Since 1905 all the lodges in the county have experienced a remarkable growth, considering the fact that the population of the county has decreased during the period since that date. The returns for 1915 show: Caledonia No. 20, 96; Morning Star No. 29, 56; Mystic Circle No. 79, 72; Orient No. 84, 31; total, 255; increase in ten years, 170.
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