USA > Minnesota > Otter Tail County > History of Otter Tail County, Minnesota: Its People, Industries and Institutions, Volume I > Part 13
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BIRTHS AND DEATHS IN OTTER TAIL COUNTY
The law in Minnesota requires the registration of all births and deaths. The Legislature, by the act of April 18, 1911, provided for the indexing of all births and deaths in each county in the state by the clerks of the district court. This work in Otter Tail county was done by George H. Gard, the clerk of the district court, and the results of his labors are found in three massive volumes. According to his figures, there were born in this county in the period from 1871 to 1910, inclusive, 35,641 persons, while during the
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same period there were only 13,101 deaths. The following table shows at a glance the vital statistics from 1871 to the present time :
Years.
Births Deaths
1871-1910
35,641
13,101
1911
1,072
619
1912
1,112
593
1913
1,141
645
1914
1,178
652
Totals
40,144
15,610
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CHAPTER V. COUNTY BUILDINGS.
COURT HOUSES OF OTTER TAIL COUNTY.
A study of the official records of Otter Tail county reveals the fact that a part of the present court house was the first building erected by the county as a court house, and that the county had then been in existence for thirteen years. Starting on its career with the first meeting of the commissioners on September 12, 1868, the county seat itself shifted from Clitherall to Tordenskjold, from there to Otter Tail City, and finally to Fergus Falls, where it was located as a result of an act of the Legislature and a subse- quent election.
For the first few years there was so little official business that a court house was not an actual necessity and when, as old residents say, the county seat was moved from Otter Tail City to Fergus Falls in the fall of 1872 and all of the county effects were hauled overland in a wagon, it may be seen that there was no crying need for a county building. The early officials kept their offices in their homes and even after the seat of justice was moved to Fergus Falls, frequent references are made in the commissioners' records to the payment of sums for the carrying of election returns to O. Jorgens. "at his home at Wall Lake." Early settlers still living (and G. O. Dahl is one of them) aver that Jorgens, who was the county auditor, carried his office records around with him wherever he went. Some dozen books contained all the official business of the county up until the spring of 1871. Before that time all of the records in the register of deeds' office were kept at the county seat of Douglas county; neither was the district court yet meeting in the county.
Although the legislative act of 1858 and the one of a decade later had designated Otter Tail City as the county seat, yet when the commissioners first met in the fall of 1868, they did not meet at that place. Instead, they foregathered at Clitherall. the home of Marcus Shaw, one of the commis- sioners, and the center of the greatest part of the county's population. S. J. Whiting, the auditor appointed by the tsate, as well as Chancey Whiting. the other commissioner, were both residents of Clitherall. The county commis- sioners continued to meet at Clitherall until March, 1870, holding in all eleven meetings at that place. In only one of these meetings is any men- tion made of an office building of any kind: on January 4, 1870. the record says that the commissioners met "at the auditor's office in Clitherall." If
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the county seat it to be considered the place where the official business of the county is transacted, then Clitherall must be accorded the honor of being the first county seat of Otter Tail county. On the other hand there is no evidence to show that the village was ever recognized by the Legislature or any act of the commissioners as the seat of justice.
The Legislature of 1870 was induced by some patriotic citizen from Otter Tail county to pass an act establishing the county seat at Tordenskjold, and the act of February 28. 1870. fully accounts for the meeting of the commissioners at Tordenskjold on April 29, 1870. But the honor thus thrust upon the embryonic village of Tordenskjold was to last for only one year. The succeeding Legislature rescinded this act on the ground that it did not provide for the people of the county to vote on the question. The act of 1871 further stated that the county was to be re-established at Otter Tail City. However, while Tordenskjold was reveling in its glory as a county seat, the commissioners ordered a court house and jail built in the place, and, although the resolution ordering the erection of the buildings was not rescinded, yet no steps were taken looking toward carrying it into effect.
Eight meetings were held by the county commissioners at Tordenskjold. and in the meeting held on October 18, 1870, it is apparent that they felt that the county seat was to remain permanently at this place. No further proof of this statement is needed than that furnished by their own record- to quote :
"A resolution offered by A. Johnson to build a court house at the county seat, Tordenskjold, for the sum of one thousand dollars, to be built in the months of December, 1870, and January, February, March, April and May, 1871, and that A. Johnson be authorized to receive bids from any person desiring to build said house, and make contract with said person between the 9th and 15th of November. 1870. The size of said house shall be thirty feet by twenty-four and ten feet from floor to floor. And a jail built of large oak logs, floor, roof and walls, and eighteen feet by twelve feet. All together the cost shall not be more than $1,000. This above reso- lution was adopted by a majority of the board of county commissioners of Otter Tail county. Adopted October 18, 1870."
This extract from the commissioners' records is interesting from at least two different standpoints. In the first place it shows that the board considered Tordenskjold the county seat, and. furthermore, that it was to remain so for an indefinite period. In the second place, it contains the first mention of either a court house or jail. and although the resolution just quoted was never carried into effect, it shows that the commissioners felt the need of such buildings. It is probable that various places were used for the county offices, but the records show but one bill for office rent while the
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county seat was in Tordenskjold. Ole Ihlseng was paid eight dollars on March 14, 1871, "for furnishing house or room for commissioners' meetings."
As has been stated, the county seat was permanently located at Otter Tail City by the act of February 16, 1871, and the commissioners held their first meeting there on March 14, 1871. The new county seat had been platted as a village as early as January, 1869, and was the first village platted in the county. At the time the seat of justice was moved to Otter Tail City, the Northern Pacific railroad was surveying its right of way through the county and the village was on one of the projected rights of way. Here comes the one little incident which has changed the whole course of Otter Tail county history.
Everyone admits that if the railroad had been built through Otter Tail City it would be the county seat today. As it finally turned out, the rail- road was built through the county, but about twelve miles northeast of the village. And why was this done? Why, when the construction camps, tools, etc., were actually in the village and the company ready to begin work on the proposed road, did the company suddenly decide to withdraw from the county seat and run its line several miles to the northeast? The answer to this question is summed up in two words-Thomas Cathcart.
Thomas Cathcart was the proprietor of Otter Tail City, a man of con- siderable ability along some lines, but, unfortunately for the future of his townsite. he obstinately refused to give a right of way through his land and no amount of urging on the part of his fellow citizens could induce him to yield. The railroad company became disgusted and, as a result, changed their plans and built the road through the county as it appears today. As soon as it was seen that the railroad was to miss the county seat, the hun- dreds of people attracted to the pretty little village on the shores of the lake began to leave. Within a few months the once thriving village was a scene of desolation and. to add to its cup of woe, the Legislature, in the spring of 1872, passed an act establishing the county seat at Fergus Falls. The latter village was to have a railroad and, furthermore, was nearer to the center of population of the county than Otter Tail City. The county voted on the removal of the county seat in the fall of 1872 and the result was a death- blow to Otter Tail City.
During the period of less than two years that the county seat remained at Otter Tail City no effort was made to build a court house, although a log jail was built in the village during this time. Michael Anderson. the sheriff. lived in the village and rented part of his house to the county, as indicated by two orders of six and fifteen dollars, respectively, which were granted him by the commissioners. Marcus Shaw, the treasurer, was paid twenty- four dollars on September 6, 1871, for office rent of the clerk and treasurer.
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Some time during the summer of 1871 a part of a building belonging to E. G. Holmes, a merchant of the village, was rented for county purposes. The commissioners entered into an agreement with Holmes to rent his build- ing and entered the following minute on their records apropos of this agree- ment :
"Abstract of lease of Court House :
"Otter Tail county shall have use of all the building which is at this date occupied as court house and have uninterrupted right to use it as offices for county officers or in any way as the county commissioners may direct from the 25th of November, 1871, until November 25, 1872, for three hun- dred dollars and the rent shall be paid quarterly in advance and the county commissioners shall have right to use said house for the same purposes the next two succeeding years for two hundred and fifty dollars per year if they choose to do so. Witness: O. Jorgens. January 6, 1872."
With the expiration of the first year's lease on November 25, 1872, the county notified Holmes that they had no further use for his building. It was known by this time that the county seat was to be moved to Fergus Falls. The history of this removal is told in the chapter on the Organi- zation of Otter Tail County. It is interesting to note that Marcus Shaw presented a bill at the January, 1873, session of the commissioners "for mov- ing three offices from Otter Tail City to Fergus Falls," asking seventy-six dollars for such service. He does not state in his bill what the three offices were, but it is likely that they were those of clerk, treasurer and register of deeds. The auditor, O. Jorgens, kept his office at his home in Wall Lake.
One of the inducements which led the county to vote in favor of Fergus Falls was a gift of an entire block of land for county purposes by George B. Wright and Richard J. Mendenhall. Not only did these patriotic citizens donate all of block 37, but they also offered the county the use of a building for county purposes, free of charge, for one year from January 1. 1873. This offer of a lot and house was made and accepted by the commissioners on January 7. 1873, although it was more than a year before the county got an undisputed title to the block in question. The formal proposal of Wright and Mendenhall to donate block 37 to the county is recorded in the session of July 5, 1873, and reads as follows :
"We hereby propose to give to the county of Otter Tail a warranty deed conveying in fee simple the whole of block 37 in Fergus Falls free of cost, provided that in case the county seat of said county shall be removed from Fergus Falls within eight years from this date. and that within that time the county shall not have erected permanent county buildings and improvement at a cost of not less than $10.000 (Ten Thousand Dollars) on said tract: That we shall have the right to repurchase and to obtain from
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the county a good title to said block, on payment of the value of the improve- ments thereon, which value shall be determined by appraisers, one of the appraisers to be selected by us or our representatives, one by the county of Otter Tail, and the two thus chosen, if unable to agree, to select a third, and the award of any two of said appraisers to be final."
This proposal of Wright and Mendenhall was accepted by the com- missioners and recorded as follows :
"Resolved, that we, the board of county commissioners of the county of Otter Tail, accept the within proposal of George B. Wright and Menden- hall by the understanding that the title of the within mentioned block shall vest in the county of Otter Tail in the state of Minnesota, permanently after the expiration of eight years from this date if the county seat for said county shall not be removed from the present designated place and sooner if the said county of Otter Tail shall by its legal authorities erect county buildings including all kinds of improvement to the value of $10,000 on said blocks 37 in the village of Fergus Falls. This above resolution passed by the board of county commissioners this 7th day of July, 1873."
But this resolution just quoted did not settle the matter, since the board, at its September session, passed another resolution in which they specifically say that "we do not accept the deed from Wright and Mendenhall to block 37 for the reason of its defect." At this same session (September 9, 1873) the board rescinded its action of the 7th of the preceding month accepting the proposal of these two men. It was not until nine months later that the county finally became the undisputed owner of block 37. On June 3, 1874, the commissioners definitely accepted the proposal of Wright and Menden- hall and from that date the county has had undisputed possession of the block on which the present court house and jail are located.
Before the county had secured possession of the block on which the present court house and jail are standing they entered into an agreement with August Nordonmalm for the purchase of lot 3, block 33. in the village of Fergus Falls. The board agreed to pay six hundred dollars for the lot, three hundred dollars on the delivery of the deed and the remainder on June I, 1874: This lot, which is now vacant, is on Bismark street, immediately west of the Park hotel. At that time there was a story-and-a-half frame building on it and it was this building, long since torn down, which was used as a court house from the fall of 1873 until October 15, 1878. On that date the county began to pay rent for the Goodsell building on Lincoln street, occupying the latter until they moved into the present court house. The county sold lot 3, block 33, on July 25, 1881, to J. P. Williams for the sum of eight hundred dollars. It might be stated here that the log jail which was moved from Otter Tail City stood on the rear of this lot and
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not on block 37. where it was ordered placed according to the resolution of the commissioners on January 3, 1873.
THE PRESENT COURT HOUSE.
The initial step in the erection of the present court house in Otter Tail county was taken by the county commissioners on January 5, 1877. On that day it was "Resolved by the board of county commissioners that the county auditor. county treasurer and county register of deeds be appointed a committee to procure and submit a plan for court house and jail and the probable cost of the same and report at the next meeting of this board. Adopted January 5, 1877."
The cause of this resolution lay in the fact that the building on lot 3. block 33. which had been used for a court house since the fall of 1873, was now in such a dilapidated condition that it was absolutely necessary either to build or secure new quarters.
It takes money to build court houses and as events turned out. it seems that the commissioners did not fully consider how they were going to finance the proposed building. They asked the Legislature for permission to bond the county to the amount of six thousand dollars and the Legislature granted their request in the act of February 15. 1877. The act follows:
"An act to authorize the county commissioners of Otter Tail county to issue bonds for the purpose of erecting county buildings, approved February 15. 1877.
"Be it enacted by the Legislature of the state of Minnesota :
"Section 1-The county commissioners of the county of Otter Tail are hereby authorized to issue bonds of said county to an amount not exceeding six thousand dollars for the purpose of erecting county buildings at the county seat of said county, as the same may be fixed by law, which bonds may be in such denominations as may be determined by said commission- ers, and shall be signed by the chairman of the board of county commission- ers, and countersigned by the county auditor of said county, and shall bear interest at a rate not exceeding ten per cent. per annum, payable semi- annually.
"Section 2 -- The principal of said bonds shall be made payable at such times, not less than three nor more than ten years from and after the date of issue thereof, as may be determined by said commissioners, but no more than two thousand dollars of such principal shall be made payable in any one year, and the issue of such bonds shall bind said county to the payment of the principal and interest thereof. according to the tenor of said bonds; and the said commissioners are hereby authorized to and they shall annually levy a tax upon the taxable property of said county, over and above all other taxes required by law to be levied, sufficient to meet such payments.
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"Section 3-The said bonds shall not be sold or disposed of at less than their par value, and the proceeds thereof shall be used solely for the purpose of erecting county buildings in said county."
However, for various reasons, mostly financial, it was decided not to build at this time, but to rent another building. It was more than a year later (September 20, 1878) before the county took any action one way or the other. On that date it was decided not to build, but to rent, as is evi- denced by the following minute in the commissioners' record of that date:
"Resolved by the board of county commissioners of Otter Tail county, that we authorize the county auditor to rent four rooms for the following officers, namely: Auditor, treasurer, register of deeds and clerk of court, and, whereas. Louis Goodsell has offered to rent the rooms necessary, the county auditor is hereby authorized to contract with said Goodsell for the above-named rooms for the period of one year and date from the 15th day of October, 1878."
On the same day the commissioners decided to rent the building which had been used as a court house in Fergus Falls prior to this time. In the same resolution which made provision for the rental of the old court house, authority was given the committee to purchase stoves for the Goodsell build- ing which was to become the new temple of justice. This action of the com- missioners is set forth in the following resolution :
"Resolved by the board of county commissioners of Otter Tail county that we appoint H. Juelson, a committee of one, to buy stoves necessary for the county use, and also the same committee is hereby authorized to rent the court house to any responsible person, who will pay the most rent, and to sell the furnace under the court house, and be it further resolved that the above committee is hereby authorized to draw out of the county revenue fund the amount of money necessary to buy the above mentioned stoves."
The Goodsell building, which, by the way, is still standing and is now (1916) used by Lake & Lowry as a real estate and loan office, continued to serve as a court house until the present building was ready for occupancy. The basement was fitted up for offices and the second story was used as a court room.
However, this arrangement did not prove satisfactory and on January 10, 1879, it was "Resolved, that the chairman of the board of county com- missioners is hereby instructed to procure plans and specifications for a court house for this county, said plans and specifications not to be paid for by said county unless used, said plan, etc., to be for a brick court house to be of the cost of about ten thousand dollars."
Between the January and March sessions, 1879, it seems there must have been an agitation to combine the court house and jail in one building;
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at least on March 21st the board decided "to build a court house with jail in the basement, the cost not to exceed fifteen thousand dollars." In view of the fact that the building which was proposed on this day is still standing, it seems pertinent to record here the resolution which made possible the present building. It follows :
"Whereas, the board of county commissioners of the county of Otter Tail have this day determined to build county buildings to-wit: A court house and jail. on block 37 in the village of Fergus Falls in said county.
"Therefore, be it resolved by the board of county commissioners of said Otter Tail county, that A. Leverson, Clement Crogan and Hans Juelson be and they are hereby appointed a building committee and they are hereby authorized and directed to proceed without unnecessary delay to contract for the building of said court house and jail for said Otter Tail county, to be built in the year 1879, and the said committee aforesaid are hereby fully authorized and empowered to do anything necessary and proper within the premises.
"Provided, that the contract for the construction of said buildings shall be let to the lowest bidder who shall execute a good and sufficient bond with sufficient sureties in such amount as said committee shall determine, to be approved by the chairman of the board of county commissioners.
"And provided, further, that such buildings shall not cost more than the sum of fifteen thousand dollars when fully completed. Resolved, further, that said court house and jail shall be constructed of brick. or of brick and stone, to be made as near fireproof as practicable, with sufficient fireproof vaults to contain all public records of said county.
"Resolved. further, that the jail be made in the basement of said court house.
"Resolved, further, that said committee be and they are hereby author- ized and empowered to employ a suitable man or men to superintend the construction of said buildings, in their discretion.
"Resolved by the board of county commissioners of the county of Otter Tail, that the bonds of the county be issued in the sum of six thousand dol- lars ($6.000) pursuant to chapter seventy (70) of the Special Laws of 1877, for the purpose of raising money for the erection of county buildings for said county-such bonds to be signed by the chairman of said board and countersigned by the county auditor and made payable in Boston, Massa- chusetts. Such bonds shall be in denominations of not less than the sum of one hundred dollars nor more than the sum of one thousand dollars; said bonds to haye interest coupons attached and payable as follows, to-wit :
"One thousand dollars payable five years after date.
"One thousand dollars payable six years after date.
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"One thousand dollars payable seven years after date.
"One thousand dollars payable eight years after date.
"One thousand dollars payable nine years after date.
"One thousand dollars payable ten years after date.
"That said bonds shall bear interest at the rate of seven per cent. per annum, payable semi-annually, and shall not be sold for less than par. Resolved, that said bonds shall be sold by the treasurer of the said county. Resolved, further, that the county auditor and county treasurer keep a cor- rect record of said bonds. Adopted March 21, 1879."
There seemed to be some doubt on the part of some as to the legality of the action of the county commissioners in regard to the levying of the mill tax for the purpose of building the court house. In order to quiet any apprehensions, the commissioners asked the Legislature to pass an act legalizing their action in this matter and the Legislature responded by pass- ing the act of February 14, 1879. This act follows :
"Be it enacted by the Legislature of the state of Minnesota: That the action of the board of county commissioners of the county of Otter Tail, in levying a tax of one mill upon each dollar of the taxable property of said county, for the year 1878. for the purpose of raising a fund to build a court house in and for said county, is hereby declared legalized and made valid, the same as though the action of the said county commissioners in assessing and levying said tax had been in strict conformity to the statutes existing and in force at the time of such assessment and levy."
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