USA > Minnesota > Faribault County > The history of Faribault County, Minnesota : from its first settlement to the close of the year 1879 : the story of the pioneers > Part 65
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the residents which are changing the appearance of the country very much, and adding greatly to the beauty of the landscape and to the comfort of its homesteads. Brush creek has its sources mainly in this township, and is the only stream of running water in it, but there are here a number of fine springs of clear, cold water.
"A copious spring, much resorted to by cattle, * issues * near the middle of section 14, upon land twenty-five feet higher than neighboring depressions, and a hundred feet below the highest hills, near the northeast and northwest."
ABORIGINAL MOUNDS.
Two mounds, apparently artificial, which are circular, and about twenty feet in diameter, and a foot and a half in hight, are found near the center of section nineteen.
Good well water is easily obtained at moderate depths.
And now, with this general view of the physical features of this town. we may proceed to a brief sketch of its history.
THE NAME.
This town was named "Lake" by the special commissioners in 1858, under the erroneous impression that it contained a number of lakes. There are, however, no lakes in the town.
It appearing subsequently that there was another town in the State of this name, the State Auditor directed the name to be changed, and accordingly on the fourth day of January, 1859, the board of county supervisors named the town "Kiester," after one J. A. Kiester, of Blue Earth City, whose name appears occasionally in this history of the county.
Mr. Kiester was born in Pennsylvania in 1832. He received his education in the common schools and at Mount Pleasant and Dick- inson colleges, in that state. He served an apprenticeship of four years in learning the mercantile business and book-keeping. He subsequently studied law, and was admitted to the bar in 1855.
In 1856 he came west to Wisconsin, where he remained some months. In April, 1857, he located at Blue Earth City, where he has ever since resided. He was married in December, 1859, to Miss Caroline Billings, of this county. They have had six children, one of whom died in infancy. Since coming to this county, Mr. Kiester has been county surveyor, register of deeds, member of the lower House of our state legislature in 1865, county attorney, judge of pro- bate court over twenty-one years, and state senator four years. He is a Mason, and a member of Blue Earth City lodge, of which he was twice W. Master, and he was subsequently chosen twice Grand Master of Masons in Minnesota.
J. A. KIESTER.
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FARIBAULT COUNTY, MINNESOTA.
Mr. Kiester has always been a republican in politics, and he and his family are members of the Protestant Episcopal Church at Blue Earth City, of which he has been a lay reader for some years. He was the writer of this history of the county.
FIRST SETTLEMENT.
Owing to the want of native timber in this town, and the further fact that much of the land was owned by speculators, this was among the last towns in the county to be settled.
Eli E. Judd and A. W. Judd selected lands here, about the first of November, 1865, and about the middle of December following, J. E. Wing, selected a tract of land for settlement. These persons did not remain during the winter, but on the seventeenth of May, 1866, they returned with their families and located on the lands pre- viously selected by them, on sections 20 and 21. On the next day, May 18th, Henry Conrad and George L. Conrad settled in the town, on section nine.
Henry Conrad, one of the very first, if not the first actual set- tler of the town, as has been claimed, settled here in May, 1866. He was born in Oswego county, N. Y., in 1829. He learned the trade of carpenter and builder. In 1854 he went to Chicago, and worked at bridge building. On the fifteenth of December, 1854, he was mar- ried to Miss Sophia Cooley, of New York. They have eight children. He removed to Wisconsin, where he continued to reside until the spring of 1866, when he settled in this township, as above stated, and now has a large and valuable farm. Mr. Conrad served in the army during the rebellion and is a republican in politics. George L. Conrad, a brother of Henry, and also a resident of this town, was also born in the state of New York, and came to this town with his brother Henry, and became one of the prosperous farmers of the township. We have no further notes of Mr. George Conrad's per- sonal history, that we may give the same in more detail.
J. N. Price, Ezra Oliphant and Wm. Cole moved into the town in the fall of 1866.
Among the other early settlers were Hiram Wing, C. B. Wing, A. J. Guern- sey, George Greely, Ole F. Mondale, Charles Oliphant, George Doust, Sylvester Payne, J. F. Wing and Albert Elston.
EDUCATIONAL.
The first school house was erected on section twenty-one, in 1868. It was a frame building, eighteen by twenty eight feet; well finished, and at the time it was built, was among the best school houses in the county. This was known as the Judd school house. There is a good school library of over one hundred volumes, at this school house. The second school house, which is a very good one, was erected about the year 1870, on section ten (10) and is known as the "Con-
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rad school house." There are now three good school houses in this town.
ORGANIZATION.
This town was attached by the special commissioners, in 1858, to the town of Seely, for civil purposes, and so remained until Jan- uary 4th, 1872, when it was set off by the county commissioners, on a petition of the inhabitants, and was soon organized as a separate town.
The first board of town officers, at the organization of the town, was composed of the following named citizens: Supervisors, S. Payne, chairman, J. N. Price and A. J. Guernsey; town clerk. J. E. Wing; treasurer, H. Conrad; assessor, Ole F. Mondale: justices of the peace, Thos. Robertson and G. L. Conrad; constables, Geo. Donst and C. Oliphant.
The town officers during the last year of this sketch-1879- were the following named persons: Supervisors, Ole F. Mondale, chairman, J. Harvey and E Oliphant; town clerk, G. G. Goodwin; treasurer, C. Oliphant; assessor, S. Payne: justices of the peace, J. Trattles and H. Mondale; constable, H. Doust.
RELIGIOUS AND OTHER SOCIETIES.
Religious services have been regularly held here for many years, by the Episcopal Methodists, who had a small society, or class organized about the year, 1872. Other religious bodies have also held public services here. A Grange of the Patrons of Hus- bandry was organized in the town, on the tenth day of July. 1873. Wm. Billings, master; A. Eaton, secretary.
ITEMS OF INTEREST.
The first boy born in the town was Willard Conrad, son of Henry Conrad. He was born on Christmas, 1866. The first girl born here was Mary E. Judd, daughter of E. E. Judd. She was born March 25th, 1867.
The first marriage in the town occurred on the twenty fifth day of October, 1868, when A. W. Langworthy and Miss Fidelia Wing. and C. B. Wing and Miss Henrietta Calkins were married by Rev. S. L. Rugg.
The first death that happened in this town, was that of William Cozard, who died in the fall of 1872. He was almost dead, with "consumption," when he came into the town, and died abont a week after his arrival.
There is one post-office in the town, named Kiester, on the north- east quarter of section twenty-one.
The railroad market most convenient, for some years, for the people settled here, is at Alden, in Freeborn county.
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FARIBAULT COUNTY, MINNESOTA.
STATISTICS.
By the census of 1870, which was the first taken in this town, the popula- tion was 61; in 1875, there were 89 inhabitants; in 1880, 130. The American born inhabitants are largely in excess of other nationalities.
The assessor's reports, for 1879, show that there were, that year, in the town, 83 horses, 116 cows, 123 other cattle, 153 sheep, 50 hogs, 27 wagons and carriages, and 7 sewing machines, with much other property. The assessed value of real estate, for that year, was $112,343; the assessed value of personal estate, $7,149; total, $119,492. Total tax assessed on the same was $1,056.38.
The agricultural products of the town, for 1879, are estimated as follows: Wheat, 10,000 bu .; oats, 9,000 bu .; corn, 4,000 bu .; barley, 300 bu .: potatoes, 300 bu .; syrup, 400 gals .; cultivated hay, 22 tons, wild hay, 700 tons; timothy seed, 56 bu .; wool, 1,000 lbs .; butter, 5,000 lbs. Total acreage cultivated, 1,200.
This sketch may now be concluded by a brief statement of the names of a number of residents who had settled in the town prior to the close of 1879, in addition to those already mentioned. A. A. Anderson, S. P. Corr, Fred Con- rad, Andrew Eaton, H. Ford, J. Godding, G. S. Goodwin, E. Hays, J. Harvey, S. Johnson, II. F. Mondale, O. F. Mondale, C. Oliphant, W. Oliphant, F. Oliphant, E. Oliphant, M. Oliphant, S. N. Payne, H. C. Stage, H. E. Stage, David Salisberry, Z. C. Sisson, E. Trattles, H. A. Wald reff.
The writer is indebted to Messrs. E. E. Judd and Hiram Wing for many of the facts set forth in this sketch of Kiester, and for the tables of town officers.
The history of this town is quite brief and uneventful, yet its future may be as prosperous and important as that of any town in the county.
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PART THIRD.
HISTORICAL SKETCHES OF THE COUNTY GOVERNMENT AND OF THE SEVERAL COUNTY OFFICES OF THE COUNTY TO THE CLOSE OF 1879, WITH BIOGRAPHICAL NOTICES OF THE SEVERAL OFFICERS, TO DATE OF PUBLICATION.
"Roll back thy sable curtains dark with age, Mysterious past! divulge thy earliest page."- Welch.
SECTION ONE.
A county, as all know, is a subdivision, or portion of the terri- tory of a state, or nation, established for civil or governmental and other purposes. It is sometimes known, as in England, by the name of "Shire."
As to the origin of the civil divisions known as the county, such as we now have it, it is probable that it was first instituted by King Alfred, of England. Blackstone says: "For to him we owe that masterpiece of judicial polity, the subdivision of England into tith- ings and hundreds, if not into counties." We derive these divisions from England. However, similar subdivisions of territory, under other names, as province, department, canton, parish-and with various civil powers, not just such as ours, existed before Alfred. and we find them in some form in all civilized nations, to-day. They are a necessity to convenient and orderly government, whether mon- archical, or republican.
As to the establishment and organization of our county, the reader is referred to the history of the years, 1855 and 1856. In the United States, these subdivisions of territory are known in all the states, and in all with similar powers, by the name of "county, " ex- cept in Louisiana, where they are known as "parishes."
The county is a great convenience in many respects, but espec- ially in the assessment and collection of the revenues of the State,
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as well as the local revenues, for the support of government-in the election of National, State and legislative officers, and the canvas- sing of the votes and returns thereof; in the matter of the public schools and education; in the administration of justice; in the preser- vation of the public peace, the public health, and public order. If in all these matters we were under the immediate control, and were directed by, and had to report to, officers of the State, at the capi- tal, whose surveillance was extended over us, we should soon dis- cover that the evils of such a system would be intolerable.
In this State, a county is a body politic and corporate, and may sue and be sued-may purchase and hold real and personal property for the use of the county, and make order respecting the same, and make contracts in relation to the property and concerns of the county, etc.
The powers of the county, as a body corporate, are exercised by the board of county commissioners.
Counties as organized in the United States, are a valuable, an almost indispensible requisite to local self-government, always a matter of great importance in the preservation of the rights and liberties of the people. The distribution of governmental powers relating to most of the practical affairs and interests of life, to the people of such districts, brings such power nearer home to them, and more under their control, and prevents that centralization and concentration of power in a common head, or locality, which leads to absolutism.
We may here reiterate the caution already expressed, that in a government such as ours, of, by and for the people-the system of self government-we should look with suspicion upon, and severely scan any proposition which tends to limit, control, or abridge our powers of self government, either in our towns or county. Always remembering, however, that we are as much citizens of the state and nation as of the county or town.
Every county is, so to speak, a little government within itself. It has a capital city, or town, known as the county seat, or shire town; a capitol building, which is the court house; a limited legisla tive and supervisory power in its board of commissioners; its judi- cial system-its courts being the district court, of general civil and criminal jurisdiction; courts of probate and courts of justices of the peace; and its executive and administrative functions, exercised by various other county officers-all this, however, existing by and subordinate to the laws of the State.
In the following historical sketches of the several county offices, the writer has thought it expedient to set forth, briefly, the legal duties and peculiar characteristics of each office, as there are many who are not fully informed as to the special duty, powers and
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authority pertaining to these several offices. Such statement may assist the elector in selecting proper incumbents for these places.
And who were the persons named in these sketches, who served the publie during these years? From whence came they, and what of their lives, labors and achievements? These questions the writer has sought to answer in the brief biographical and personal notices here given, for they, with many others, were of the number of those who, some in a larger and some in a smaller way, have helped to make, and are a part of the history of our county.
SECTION TWO.
THE JUDGES AND CLERKS OF THE DISTRICT COURT.
The district court is a court of general common law jurisdiction in civil and criminal cases, and has a clerk and seal. It is presided over by one judge.
When the county was organized, it was attached to Blue Earth county for judicial purposes, but was by act of the legislature, of 1857, detached from that county, and became entitled to terms of court within the county.
By act approved May 23d, of the same year, it was placed in the third judicial district, comprising a number of counties and the judge was authorized to appoint a clerk of court in each county.
Subsequently, by the constitution of the State, this county was placed in the sixth judicial district, where it still remains. By act passed August 12th, 1858, the county was given one term of court annually, to be held on the first Monday of April of each year.
By act approved March 5th, 1870, the county was allowed two terms annually, commencing the first Tuesday of January and the first Tuesday of June.
The principal duties of the office of the clerk of the district court are to keep accurate minutes of the proceedings of each term of court-to enter up all judgments, decrees and orders of the court -to keep a doeket in which the name of each party to a judgment is entered alphabetically, with the amount and time of entry of judg- ment, to file and preserve all papers pertaining to each case. There are other duties also pertaining to the office.
Marriage licenses are issued by the clerk, and a record of mar- riage certificates kept by him, and the births and deaths in the county are annually reported to the clerk, and a record kept thereof. and he has now very important duties to perform in relation to the public taxes.
The clerk is paid for his services by fees prescribed by law. His term of office is four years, and he is required to take an official
6
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FARIBAULT COUNTY, MINNESOTA.
oath and give an approved official bond for the faithful performance of his duties. He may appoint deputies.
The first term of the district court of this county was held in April, 1859, for a full account of which the reader is referred to the history of that year.
Let us now say something in reference to the office of judge of the district court and the judges.
The office of judge of the district court is a very important and honorable one, and the question as to who shall be placed in the office is a matter of perhaps greater concern to the people than any other which they are called upon to determine by their votes. As is the judge, so will this highest local tribunal be. To fill this high office efficiently, in all respects, requires talent and learning of a high order, combined with great firmness, independence, pru- dence, good sense and incorruptible integrity. It is a position of hard, and often perplexing labor, and of grave responsibility.
The importance of this office to the people, may be shown by a very simple illustration. The laws may be violated, our private rights trampled upon, our property illegally taken from us, or we may be injured in person, or reputation, but we have no place to re- sort to but the courts, to vindicate or enforce our rights, or right our wrongs. But if the courts are weak, or corrupt, the tools of sharp- ers, shysters and villains, if justice is obtained, not freely, but by purchase, not completely and without delay, but after harassing and expensive waiting, if at all, what then? We may answer simply in the homely phrase, which all can understand, "the bot- tom of everything has fallen out." It is only in the confidence and assurance of the supremacy of the laws and their enforcement by able and incorruptible courts, that civilized society lives and moves and has a being. Take this away, and anarchy, mob-law and the rule of the strong and bloody hand appear.
The people do well, when called upon to elect their judges, to weigh deliberately, the vote they are about to cast. And here, at least, party affiliations merely, church or social relations, are not to be considered, and political intriguing and trading are wholly out of place. Interests, too grave to be thus influenced, are at stake. Better make a mistake in any other office than in this. Chief Jus- tice John Marshall said:
"The judicial department comes home in its effects to every man's fireside. It passes on his property, his reputation, his life, his all. Is it not to the last de- gree important that he (a Judge), should be rendered perfectly and completely independent with nothing to control him but God and his conscience? The greatest scourge * * *
ever inflicted upon * * a people, was an ignorant, corrupt or dependent judiciary."
At best, human justice, as applied to the infliction of penalties in punishment for the perpetration of offenses against the laws, is
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always, in some degree, injustice, because of man's incapacity to ap- portion and exactly, the punishment to the offense, in any given case. For man cannot accurately weigh motives, influences, education, provocations, and mental conditions. God alone can perfectly do that. Hence it is apparent that our judges should be our wisest, most conscientious, discerning, independent and incorruptible men, for they are best qualified to administer exact justice, according to legal intent.
It is with unfeigned pleasure that the writer bears testimony to the fact that our judicial district has always been highly favored in the ability and high character of its judges. Hon. Lewis Branson, of Mankato, Miun., was the first judge who presided at our terms of court. which office he held until the close of the year, 1864. Judge Branson resided at Mankato, where he was engaged in the practice of the law until his election to the judgeship. Some time after the expiration of his term of office, he removed to California. The writer has been unable to obtain any farther facts of Judge Branson's personal history.
Hon. Horace Austin, of St. Peter, Minn., was our next judge. He was elected to the office in November, 1864, and resigned Sep- tember 30th, 1869.
Gov. Austin was born in the State of Connecticut, in the year 1831. His father was a blacksmith and taught his trade to his son Horace. Horace re- ceived his education in the common schools and at an academy, and he became a school teacher. He studied law four years with Messrs. Bradbury and Morrill, of Augusta, Maine. In 1854 he came to the great west, and reached Minnesota in 1856, and in March, 1857, located at St. Peter, and engaged in the practice of the law. He served as captain of a company of cavalry, in Gen. Sibley's expe- dition against the Indians, in 1863. In 1864 he was elected judge of this dis- trict, as we have seen above, and served in that capacity until his resignation. Ile was elected Governor of the State in 1869, and was re-elected Governor in 1872, for a second term, which he served, after which he retired to private life, engaging in agricultural pursuits and milling, at Minnesota Falls.
Since the above sketch was written, Gov. Austin has engaged in business in Minneapolis.
Hon. M. G. Hanscomb, of St. Peter, was appointed to fill the va- cancy arising from the resignation of Judge Austin, and was judge of the district from October 1st, 1869, to December 31st, 1869.
Hon. Franklin H. Waite was elected judge in 1869, and presided over our courts for the next five years, when, owing to ill health and advancing age, he resigned, after the June term of 1874.
Judge Waite was born in Windham county, Vermont, in February, 1813. When a boy he removed with his parents to Jamestown, New York. He, early in life, showed a great preferance for the profession of law, and after sufficient study, was, at the age of twenty-three years, admitted to practice by the supreme court of the state of New York. Five years later he was appointed in that state, judge of the court of common pleas, which position he heldt until that office was abolished. During President Polk's administration, he was post-
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master at Jamestown, N. Y. Afterwards he came west and located at Fond- du-lac, Wisconsin, and engaged in the practice of his profession. In 1860 he came to Minnesota and located at Mankato, pursuing his profession. He was elected to the State senate of Minnesota in 1867, and in 1869 was elected judge of this district as above stated.
Judge Waite's political affiliations were with the democratic party, and dur- ing the war of the rebellion, he was a strong Union man. He was an earnest anti-monopolist, and a strong opponent of the national hanking law. He died at Mankato, March 4th, 1884, at the age of seventy-one years.
Hon. A. C. Woolfolk, of Mankato, was appointed to fill the va- cancy occasioned by the resignation of Judge Waite. He presided at the January term in 1875.
Daniel A. Dickinson, of Mankato, was elected our district judge at the general election of 1874, and presided from the commencement of his term, except at the January session of 1875, until the June term, 1881, when he was appointed by the governor of the State, one of the associate justices of the supreme court of the State. At the general election of 1881 he was elected by the people to that high office.
Mr. Dickinson was born October 28th, 1839. at Hartford, Vermont. His father was a farmer and merchant. When Daniel was about six years old his father and family removed to Boston, Massachusetts. Daniel's parents dying when he was yet quite young, he spent his youth under the guardianship of his grand- father, at West Lebanon, New Hampshire. He entered Dartmouth college in 1856, and graduated in 1860., He read law at Plattsburgh. New York, and was admitted to the bar in 1862, but before commencing practice he enlisted in the naval service of the United States, as acting paymaster, and served until 1865. He returned to Plattsburgh where he engaged in the practice of his profession until 1868. On June 11th, 1867, he was married to Miss Mary E. Weed, of Plattsburgh, New York. In 1868 he came to Mankato, in this State, and en- gaged in practice until elected judge, as above stated. On his promotion to the supreme court, he removed to St. Paul, the capital, where he now resides. Judge Dickinson was re-elected associate justice of the supreme court in 1886. He was not re-elected in 1892, and bas since been engaged in practice.
Hon. Martin J. Severance succeeded Judge Dickinson, being appointed to the office iu 1881. At the general election of 1881, he was elected judge.
Mr. Severance was born December 24th, 1826, in Franklin county, Massa- chusetts. He received an academical education in his native county, and com- menced the study of the law in 1849, and was admitted to the bar in 1853. He practiced law in Chicopee, Massachusetts, several years, and then left bis na- tive state, coming to Minnesota, and locating at Henderson, Sibley county, where he was engaged in practice from 1856 to 1862, most of the time as county attorney. He enlisted, in the summer of 1862, as a private soldier, in the mili- tary service of the United States, and, after twenty months' service, was elected and commissioned captain of his company, and served three years, and was mustered out, with his regiment, August 18th, 1865. Returning home, Mr. Severance located at Le Sueur, this State, and practiced there until 1870, when he removed to Mankato. Judge Severance was married June 16th, 1858, to Miss Elizabeth P. Van Horn, of Chicopee, Massachusetts, and they have three children. He was a member of the House of Representatives, of Minnesota, in 1859 and 1862. He was re-elected judge in 1886, and again in 1892.
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