The history of Mower County, Minnesota : illustrated, Part 9

Author: Curtiss-Wedge, Franklyn
Publication date: 1911
Publisher: Chicago : H. C. Cooper, Jr. & Co.
Number of Pages: 1246

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About seven years before the completion of the new court house, the board of county commissioners began to stow away a fund for that purpose, by levying a light tax each year, thus the tax payers were not burdened by a heavy tax any one year, or compelled to pay interest on a large bonded indebtedness, as most counties have done, in this and other states. No small credit is due to the enterprise and public spirit of the city of Austin, who taxed herself to the amount of $6,000 as an aid toward ereet- ing the court house. The total cost of the building, lots, and heating apparatus, was, in round numbers $67,900, divided about as follows : $51,500 for building; $1,925 for grounds; and $4,500 for furniture and fixtures. After deducting the $6,000 paid by the city of Austin, the cost to the people of Mower county, was about $61,916.

The new court house was fittingly dedicated by the formal opening of the first session of court within its walls.

In the early part of 1879, an effort was made to have the county seat removed to Ramsey. The effort was made on the part of the people of Racine, Frankford, Pleasant Valley, Grand Meadow and other towns. A remonstrance was signed by 2,204 legal voters of the county, this being more than two thirds of the total vote cast at the previous general election. The removal bill failed to pass the legislature.

COUNTY POOR FARM.

Prior to 1868 the paupers of Mower county were eared for by some of the citizens, who were paid by the county. At that date a farm was purchased by the county in LeRoy township and fitted up for that purpose. April 16, 1868, the board of county

HISTORY OF MOWER COUNTY

commissioners, purchased seventy-five acres of land on the north- west quarter of section 28, township 101, range 14, of Daniel Cas- well and wife, for the sum of $1,500; and also eighty acres of W. Hayes for $1,840. This constituted the first poor farm in the county. Proper improvements were made and the poor were cared for at that place until 1876, when it was deemed best to exchange this property for the present poor farm, which is lo- cated on the northeast quarter of section 31, township 103, range 18, which is in the township of Lansing, and is about three miles distant from the city of Austin. This place was bought (or traded for) of John S. Lacy and wife February 11, 1876. This farm is an excellent piece of land and now contains very good improvements, including all necessary buildings.

County Jail. The county jail is a brick structure with stone trimmings. It is fireproof, steam heated and sanitary throughout. The sheriff's residence is a good brick building with stone trim- mings. It adjoins the jail and is located a few rods from the court- house on the east side of Chatham street.

CHAPTER IX.

COUNTY REPRESENTATION.

Mower County in Seventh and Fourth Council Districts-Fillmore and Mower County Made the Eighth Council District-First Representative From This County Takes His Seat-Consti- tutional Convention-Mower and Dodge Counties Become the Thirteenth Legislative District-Mower and Dodge County Become the Fifteenth District-Mower County Becomes the Fourth District-Changed to the Third District-Later to the Sixth District-Congressional Representation.

On July 7, 1849, Governor Alexander Ramsey, by proelama- tion, divided the territory into council districts; Mower county, with the rest of southern Minnesota (exclusive of the settlements on the banks of the Mississippi), coming within the limits of the seventh district.

1849-The first territorial legislature met on September 3, and adjourned November 1. The seventh district was represented in the eouneil by Martin MeLeod, of Lac qui Parle; and in the house by Alexis Bailly, of Mendota, and Gideon H. Pond, of Oak Grove. Although Mower county was included in the seventh district, no

HISTORY OF MOWER COUNTY

settlers had at that time located within the present limits of the county.

1851-The second territorial legislature assembled Jannary 1 and adjourned March 31. The seventh district was represented in the council by Martin MeLeod, of Lac qui Parle; and in the house by B. H. Randall, of Ft. Snelling, and Alexander Faribault, of Faribault. Mower county was still without settlers. By the apportionment of this legislature, the territory having been di- vided into counties, the fourth district was made to constitute Wabasha and Washington counties, and the precincts of St. Paul and Little Canada jointly. It was understood that Wabasha county was to be one representative district. The present Mower county was then included in Wabasha county.

1852-The third territorial legislature assembled January 7, and adjourned March 6. The fourth district was represented in the council by Lorenzo A. Babcock, of Sauk Rapids; and in the house by Fordyce H. Richards, of Reed's Landing.

1853-The fourth territorial legislature assembled January 5, and adjourned March 5. At this session the boundary lines of many of the counties were changed, and Mower county was in- eluded within the limits of Rice county. The boundaries of the legislative districts, however, remained the same, and the present Mower county remained in the district which comprised the area included in Wabasha county by the act of 1851. At the session of 1853 the fourth district was represented in the council by Lorenzo A. Babcock; and in the house by James ("Bully") Wells, of a settlement at the head of Lake Pepin.

1854-The fifth territorial legislature assembled January + and adjourned March 4. The fourth district was represented in the council by William Freeborn, of Red Wing; and in the house by O. M. Lord, of what is now Dodge county.

1855-The sixth territorial legislature assembled January 3 and adjourned March 3. The fourth district was represented in the council by William Freeborn ; and in the house by Clark W. Thompson, of the present Houston county. At this session Mower county was created with practically her present boundaries, with the exception of the twelve sections that were annexed to Olm- sted county, May 26, 1857. The creation act passed February 20, 1855. At the same session, Houston, Fillmore and Mower county were constituted the eighth district.

1856-The seventh territorial legislature assembled January 2 and adjourned March 1. In the meantime the Republican party had been organized, and a convention met at St. Paul, July 25, 1855. Of sixteen delegates selected from Freeborn and Mower counties, but one was present. The Democratic convention as-

HISTORY OF MOWER COUNTY

sembled July 25, 1855, and was better represented from this county. A third party had also been organized by delegates se- ceding from the Demoeratie convention. Clark W. Thompson, of Houston county, and Benjamin F. Tillotson, of Fillmore county, represented the eighth district in the sixth territorial legislature. The representatives in the house from this district were W. B. Gere, Samuel Hull, William F. Dunbar, William B. Covell and Martin G. Thompson. William B. Covell was a Demoerat from the east end of Mower county. At the election of October 9, 1855, there had been two candidates for the legislature in this county, Covell, Democrat, from the east end, and Alanson B. Vaughan, Republican, from the west end. Vaughan was elected by a good majority and obtained a certificate of eleetion from the judges, but upon application to the house for admission, he found that Covell had made returns of eleetion to the register of deeds in Houston, and thus equipped, had been duly admitted to a seat in the house. Thus Vaughan was the first elected representative from Mower county, and Covell the first to hold the seat.

1857-The eighth territorial legislature assembled January 7 and adjourned Mareh 7. Clark W. Thompson and Benjamin F. Tillotson again represented the eighth distriet in the council. The representatives in the house were William B. Gere, D. F. Chase, W. J. Howell, John M. Berry and M. G. Thompson. Berry was from Mower county. An extra session of this legislature assem- bled April 27 and adjourned May 23. It was this eighth terri- torial legislature that on May 26, 1857, set off twelve sections of Mower county and added them to Houston county.

Under the enabling act of congress, approved Mareh 3, 1857, a constitutional convention of 108 members (eaeh council dis- triet to eleet two delegates for each councilman and representa- tive it was entitled to) was authorized to meet at the capitol on the second Monday in July, to frame a state constitution, and to submit it to the people of the territory. The election was held on the first Monday in June. July 13 the delegates met, but a disagreement arising in the organization, the Republican mem- bers organized one body and the Democrats organized separately. Each of these bodies claiming to be the legal constitutional eon- vention, proceeded with the work of forming an instrument to be submitted to the people. After some days an understanding was effected between them, and by means of a committee of eonfer- ence the same constitution was framed and adopted by both bodies. On being submitted to the people, October 13, it was ratified.

In the Republican wing, the eighth district was represented by Alanson B. Vanghan, C. W. Thompson, John A. Anderson, Charles A. Coe, N. P. Colburn, J. A. McCann, II. A. Billings,

HISTORY OF MOWER COUNTY

Charles Hanson, H. W. Holley, John Cleghorn, A. H. Butler, Robert Lyle and Boyd Phelps. In the Democratic wing, the eighth district had but one representative, James C. Day.

By the apportionment of 1857, set forth in the state consti- tution adopted October 13, Mower and Dodge counties were con- stituted the thirteenth district, with two representatives in the senate and three in the house.

1857-58-The first state legislature assembled December 2, 1857. On March 25, 1858, it took a reeess until June 2, and finally adjourned August 12. The thirteenth district was repre- sented in the senate by Edward W. Somers and Boyd Phelps. For some reason the records show only one member, George O. Way, in the house from this district, though the distriet was en- titled to three representatives.

1859-60-The second state legislature assembled December 7, 1859, and adjourned March 12, 1860. Henry C. Rogers and A. J. Edgerton represented the thirteenth distriet in the senate, and T. F. Hunt, Peter Mantor and B. F. Langworthy in the house. This legislature reapportioned the legislative districts, and Mower and Dodge counties became the fifteenth.

1861-The third state legislature assembled January 8 and adjourned March 8. The fifteenth district was represented in the senate by J. W. Flake; and in the house by Peter Mantor and Thomas J. Hunt.

1862-The fourth state legislature assembled January 7 and adjourned March 7. The fifteenth district was represented in the senate by Joseph H. Clark, and in the house by S. Bostwick and H. C. Rogers. On account of the Indian outbreak, an extra session was called by the governor, and it assembled Septem- ber 9 and adjourned September 29.

1863-The fifth state legislature assembled January 6 and ad- journed March 6. The fifteenth district was represented in the senate by Joseph H. Clark, and in the house by B. D. Sprague and S. P. Bacon.

1864-The sixth state legislature assembled January 5 and ad- journed March 4. D. B. Sprague represented the fifteenth district in the senate and Royal Crane and Augustus Barlow in the house.

1865-The seventh state legislature assembled January 3 and adjourned March 3. The representatives from the fifteenth dis- triet were D. B. Sprague in the senate and Royal Crane and C. D. Tuthill in the house.

1866-The eighth state legislature assembled January 2 and adjourned March 2. The fifteenth district was represented in the senate by Samuel Lord, and in the house by C. J. Felch and D. B. Johnson, Jr., both from Mower county. This legislature reappor-

HISTORY OF MOWER COUNTY

tioned the districts, but Mower and Dodge counties remained the fifteenth district with one senator and two representatives.

1867-The ninth state legislature assembled January 8 and adjourned March 8. The fifteenth district was represented in the senate by Samuel Lord, and in the house by C. J. Felch and D. B. Johnson, Jr.

1868-The tenth legislature assembled January 7 and ad- journed March 6. The fifteenth district was represented in the senate by W. E. Harris, and in the house by D. A. Shaw and E. K. Proper.

1869-The eleventh legislature assembled January 5 and ad- journed March 5. W. E. Harris represented the fifteenth district in the senate, and T. J. Hunt and E. K. Proper in the honse.

1870-The twelfth legislature assembled January 4 and ad- journed March 4. The fifteenth district was represented in the senate by Samuel Lord, and in the house by G. M. Cameron and H. A. Brown.

1871-The thirteenth legislature assembled January 8 and ad- journed March 3. The fifteenth district was represented in the senate by Samuel Lord, and in the house by Harlan W. Page, of Mower county, and W. G. Telfer. This legislature reapportioned the state, and for the first time Mower county became a district by itself, being designated the fourth district, with one senator and two representatives. Since that time Mower county has re- mained in a separate district.

1872-The fourteenth legislature assembled January 2 and adjourned March 1. Sherman Page represented the fourth dis- triet in the senate, and John T. Williams and J. M. Wyckoff in the house.

1873-The fifteenth legislature assembled January 7 and ad- journed March 7. The representatives from the fourth district were N. K. Noble in the senate and O. O. Finhart and E. J. Stim- son in the house.

1874-The seventeenth legislature assembled January 6 and adjourned March 6. Mower county was represented in the senate by E. H. Wells and in the house by Gunder Halvorson and A E. Perk.

1875-The seventeenth legislature assembled January 5 and adjourned March 5. E. H. Wells represented Mower county in the senate, and John S. Irgens and Charles F. Greening in the house.

1876-The eighteenth legislature assembled JJanuary 4 and ad- journed March 3. Mower county was represented in the senate by R. I. Smith, and in the house by 11. F. Deming and C. F. Green- ing.

1877-The nineteenth legislature assembled January 2 and ad-

HISTORY OF MOWER COUNTY

Journed March 2. Mower county was represented in the senate by R. I. Smith, and in the house by S. J. Sanborn and Hosmer A. Brown.

1878-The twentieth legislature assembled January 8 and ad- journed March 8. Mower county was represented in the senate by George W. Clough, and in the house by S. J. Sanborn and II. K. Volstad.

1879-The twenty-first legislature assembled January 7 and adjourned March 7. Mower county was represented in the senate by W. H. Officer, and in the house by J. F. Goodsell and J. D. Allen.

1881-The twenty-second legislature assembled January 4 and adjourned March 4. Mower county was represented in the senate by W. H. Officer, and in the house by J. D. Allen and P. A. Peter- son. An extra session called to consider a constitutional question in regard to action taken on the state railroad bonds at the regular session, assembled October 11 and closed November 13. This legis- lature reapportioned the state and Mower county became the third district.

1883-The twenty-third legislature assembled January 2 and adjourned March 2. The third district was represented in the senate by W. L. Hollister, and in the house by John Frank and .J. F. Carson.

1885-The twenty-fourth legislature assembled January 6 and adjourned March 6. Mower county was represented in the senate by W. T. Wilkins, and in the house by H. W. Lightley and J. F. Carson.

1887-The twenty-fifth legislature assembled January 4 and adjourned March 4. Mower county was represented in the senate by O. W. Gibson, and in the house by J. J. Furlong and E. S. Hoppin.

1889-The twenty-sixth legislature assembled January 8 and adjourned April 23. Mower county was represented in the senate by O. W. Gibson, and in the house by E. S. Hoppin and H. W. Lightley.

1891-Although a reapportionment had been made in 1889, Mower county still remained the third district. The twenty- seventh legislature assembled January 6 and adjourned April 20. The third district was represented in the senate by Oscar Ayers and in the house by J. J. Furlong and G. W. Benner.

1893-The twenty-eighth legislature convened January 3 and adjourned April 18. Mower county was represented in the third district by Oscar Ayers and in the house by J. J. Furlong and G. W. Benner.

1895-The twenty-ninth legislature convened January 8 and adjourned April 23. Mower county was represented in the senate

HISTORY OF MOWER COUNTY

by S. Sweningson, and in the house by J. J. Furlong and John Mathison.

1897-The thirtieth legislature assembled January 5 and ad- journed April 21. Mower county was represented in the senate by S. Sweningsen, and in the house of C. L. West and L. C. Scribner. In the reapportionment of this legislature Mower county became the sixth district, with one senator and two repre- sentatives.

1899-The thirty-first legislature assembled January 3 and adjourned April 18. The sixth distriet was represented in the senate by S. Sweningsen, and in the house by C. L. West and L. C. Scribner.

1901-The thirty-second legislature assembled January 8 and adjourned April 12. Mower county was represented in the senate by S. Sweningsen, and in the house by George W. W. Harden and W. A. Nolan. An extra session assembled February 4, 1902, and adjourned March 11 of the same year.

1903-The thirty-third legislature assembled January 6 and adjourned April 21. Mower county was represented in the senate by A. S. Campbell, and in the house by W. A. Nolan and H. W. Lightley.

1905-The thirty-fourth legislature assembled January 3 and adjourned April 18. Mower county was represented in the senate by A. S. Campbell, and in the house by W. A. Nolan and G. W. W. Harden.

1907-The thirty-fifth legislature assembled January 8 and ad- journed April 24. Mower county was represented in the sen- ate by A. S. Campbell, and in the house by W. A. Nolan and W. I. Hollister.

1909-The thirty-sixth legislature assembled January 5 and adjourned January 5. Mower county was represented in the senate by A. S. Campbell, and in the house by W. W. Nolan and Hubbard Carey.

1911-The thirty-seventh legislature assembled January 3, 1911. Mower county was represented in the senate by Charles F. Cook, and in the house by Ralph Crane and Frank S. Christie.

CONGRESSIONAL REPRESENTATION.

The first congressional distriet, in which, from the time of the admission of Minnesota as a state, Mower county has been included, has been represented in congress as follows: J. A. Cavanaugh, Democrat, March 12, 1858, to March 4, 1859; Will- iam Windom, Republican, March 4. 1859, to March 4, 1869; Morton S. Wilkinson, Republican, March 4, 1869, to March 4, 1871; Mark II. Dunnell, Republican. March 4. 1871, to March 4,

HISTORY OF MOWER COUNTY

1883; Milo White, Republican, March 4, 1883, to March 4, 1887; Thomas Wilson, Democrat, March 4, 1887, to March 4, 1889; Mark H. Dunnell, Republican, March 4, 1889, to March 4, 1891; W. H. Harries, Democrat, March 4, 1891, to March 4, 1893; James A. Tawney, Republican, March 4, 1893, to March 4, 1911; Sidney A. Anderson, progressive Republican, 1911-13.

Until Minnesota became a state it had only one representa- tive in congress, a territorial delegate, who was not allowed to vote. The first territorial delegate from Minnesota was Henry HI. Sibley, who was first sent ostensibly as a delegate from the territory of Wisconsin, though living on the present site of Mendota, at the mouth of the Minnesota river. He sat as a ter- ritorial delegate from January 15, 1849, to December 5, 1853. He was succeeded by Henry M. Rice, who served until December 7, 1857. W. W. Kingsbury was elected to succeed him and served until December 6, 1858. As has been noted, the United States senate, February 23, 1857, passed an act anthorizing the people of Minnesota to form a constitution preparatory to their admis- sion to the union. In accordance with the provisions of this enabling act, a constitutional convention was held July 13, 1857, at the territorial capital. October 13, 1857, an election was held, when the constitution was adopted and a full list of state officers elected. Three congressmen were also elected at this time- George L. Becker, W. W. Phelps and J. M. Cavanangh-but it was afterward found that Minnesota was entitled to only two congressmen and the matter was amicably adjusted by the with- drawal of Mr. Becker. By this election, the Messrs. Phelps and Cavanaugh became the first members of congress from the state of Minnesota.

In the winter of 1857-58 the legislature divided the state iuto two congressional districts, the southern part becoming the first congressional district and the northern part the second, Mower county thus becoming a part of the first congressional district.

By the apportionment of 1872, the state was divided into three congressional districts. The first district contained the counties of Winona, Houston, Olmsted, Fillmore, Dodge, Steele, Mower, Freeborn, Waseca, Faribault, Blue Earth, Watonwan, Martin, Jackson, Cottonwood, Murray, Nobles, Pipestone and Rock.

By the apportionment of 1881, the state was divided into five congressional districts. The first district contained the counties of Houston, Fillmore, Mower, Freeborn, Steele, Dodge, Olmsted, Winona and Wabasha.

By the apportionment of 1891, the state was divided into seven congressional districts. The first district contained the counties of Dodge, Fillmore, Freeborn, Houston, Mower, Olmsted, Steele, Wabasha, Waseca and Winona.

HISTORY OF MOWER COUNTY

By the apportionment of 1901, the state was divided into nine congressional districts. This apportionment has continued to the present day. The first district now consists of the counties of Dodge, Fillmore, Freeborn, Houston, Mower, Olmsted, Steele, Wabasha, Waseca and Winona.

CHAPTER X.

BENCH AND BAR.

Judicial History of Mower County-Judges Who Have Presided in the Courts of This District-Their Life, Ability and Char- acteristics-The Men Who Have Made Up the Bar of the County-Notable Cases That Have Been Tried Here-By Attorney Lafayette French.

Nearly forty years ago there came to this county a young lawyer, just starting his career, who at once took an active part in the stirring events which for so many years made Mower county the maelstrom of political and legal conflicts. He has continued to remain here, has filled various offices, and has al- ways stood for clean, vigorous manhood in public and private life. As an attorney he is particularly gifted, having a thor- ongh knowledge of the law, forensic abilities, acute perceptions and keen mind. Few lawyers in the state have tried as many cases before the higher courts, and none have won a higher per- centage of important suits. In securing such a man to write of the Bench and Bar, the publishers of this work are especially fortunate, for aside from his other equipment, he came here only sixteen years after the arrival of the first Mower county attorney, · and has since been in active practice. Therefore the following article by the Hon. Lafayette French will not only be of deepest interest at the present time, but will also be a valuable work of reference throughont the coming years.

THE BENCH.

By an act of the legislature passed March 1, 1858, the county of Mower was declared to be an organized county. Commission- ers were appointed to establish the county seat, and later it was made a part of the fifth judicial district. Hon. N. M. Donaldson

HISTORY OF MOWER COUNTY

was elected the first judge of the fifth judicial district, and the first term of court held in Mower county was September, 1858. When the fifth judicial district was organized there were but six judicial districts in this state. Judge Donaldson presided over the fifth judicial district until January 1, 1872, when his successor, the Hon. Samuel Lord, officiated. At the time of his retirement Judge Donaldson was a man well along in years. He possessed a good deal of dignity, candor and fairness. There was little business during his term of office to transact in this county, and the suits involved were chiefly those for money demand. He resided at Owatonna, and died a few years after he ceased to be judge. Judge Samuel Lord, who was elected as Judge Donaldson's successor, lived at Mantorville, Dodge county, Minnesota, and held but two terms of court in this county. He was a fair judge and gave general satisfaction. In the winter of 1872 a new judicial district was created composed of the counties of Houston, Fillmore, Mower, Freeborn, and at fall election the Hon. Sherman Page was elected judge of the newly created district. Judge Page held office during the term of six years. He was a man of marked ability and possessed of an analytical mind of large perception, and was quick to dispatch business, but he was too much of a partisan to be a judge. Nat- urally combative, quick to form conclusions, he took sides on every matter that came before him. He was a man of strong feelings, but when he did not allow his judgment to be warped by prejudice against the attorneys of parties of the cause before him he was a very able judge. In the fall of 1878 the lower house of the legislature prepared articles of impeachment and he was put upon his trial in May, 1878, before the senate sitting as a court of impeachment. The prosecution lacked the requisite number of votes to convict him and he was acquitted. The charges consisted largely of allegations of"wrongful, malicious and oppressive conduct, while judge." After his impeachment trial he again was a candidate for election, but was defeated by Hon. J. Q. Farmer, of Spring Valley, Fillmore county. Judge Farmer continued to preside over the district for thirteen years, when he voluntarily and of his own motion retired from office. While Judge Farmer was not a student, he possessed a judicial mind, and was eminently fair. Jurors, suitors and attorneys in his court felt instinctively that they had been dealt with in all fair- ness. He was loved and esteemed by both the laity and the bar of his district. He was one of the most conscientious and fair- minded men that presided over the courts of this state. He was not a learned lawyer, did not profess to be, but he had a judicial mind with rugged common sense and a love of justice that

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The history of Mower County, Minnesota : illustrated, Part 9

Author: Curtiss-Wedge, Franklyn Publication date: 1911 Publisher: Chicago : H. C. Cooper, Jr. & Co. Number of Pages: 1246

Author: Curtiss-Wedge, Franklyn
Publication date: 1911
Publisher: Chicago : H. C. Cooper, Jr. & Co.
Number of Pages: 1246