The history of Renville County, Minnesota, Volume I, Part 69

Author: Curtiss-Wedge, Franklyn; Renville County Pioneer Association
Publication date: 1916
Publisher: Chicago : H.C. Cooper, Jr. & Co.
Number of Pages: 890


USA > Minnesota > Renville County > The history of Renville County, Minnesota, Volume I > Part 69


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The board at once adopted a resolution, accepting the deposit and terms thereof. but refused to be responsible for the safe keeping of the deposit. To this Mr. Heins made no objection


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and thus again was a county seat war launched upon the people of Renville county. The contest was most bitter and entered into politieal, social and even religious affairs; candidates for office had their diplomacy taxed to the utmost, catering to the opposing forces and the battles went merrily on, Olivia scouring the county for signers to her petitions for the removal of the county seat to that place.


June 23, 1894, the commissioners met to consider the Olivia removal petition. As in the Bird Island petition five years pre- vious, the board adopted elaborate rules for introducing and dis- eussing matters thereto pertaining, before them, one of which was that the "sessions of the board shall commence at 9 o'clock A. M. of each day, except Sunday, until a final conclusion is reaelied, and hold till 6 P. M., with two hours for reeess at noon." Hon. John Lind appeared for those opposing the petition, elain- ing that the petition was illegal in that the petition was eircu- lated within five years from the last county seat eleetion, con- trary to law. Hon. Lyndon A. Smith appeared for the petitioners, arguing their side of the case. The commissioners decided for the petitioners, declaring the petition to be legal and valid. Days were spent before the board in this matter and the discussions were heated at times. Finally a general protest was filed against the petition, setting forth, among other things, that the signa- tures were obtained by fraud, etc., and signed by Attorneys Thos. E. Boylan, John Lind and G. T. Christianson. But the com- missioners, after much deliberation, decided the Olivia's petition legal and valid, so an election to decide the matter was ordered held on July 18, 1894.


At this election Olivia received more than 55 per cent of the vote. So, at a meeting of the board on July 21, 1894, the com- missioners ordered the county seat moved from Beaver Falls to Olivia and constituted themselves a committee to superintend the removal of all records, furniture. archives and county prop- erty. Olivia was feeling some jubilant while Beaver Falls was in a "cave of gloom," but the friends of Beaver Falls did not propose to quit so easily and on this same twenty-first day of July, Sheriff Wiehman served a copy of a complaint upon the commissioners and all the county officers, setting up twenty-one different reasons why the county seat should remain at Beaver Falls and demanding an injunction and order from the court, preventing the county scat from being moved to Olivia. How- ever. the county seat went to Olivia and the district court dis- solved the injunetion. Quarters were rented for the different county officials at Olivia, but upon an appeal to the Supreme court, the District court was reversed, and the county seat with its archives, furniture, and records packed baek to Beaver Falls. The Beaverites were wild with joy. of course, while the friends


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of Olivia were much incensed. Conditions were not ideal in the county during these contests.


On October 1 the commissioners set apart $700 from the gen- eral revenue fund to pay costs in defending the county in county seat lawsuits. The two sets of Gronnerud abstracts were even- tually acquired by a company and the sets finally purchased from that company by the county for $4.000. They are now in the register of deeds office. These are kept posted right up to the minute. and the register of deeds office is about as well appointed in these later years as it well could be.


Jan. 8, 1895, the commissioners were : A. D. Corey (chairman), E. J. Butler. A. II. Anderson, A. JJ. Anderson and F. A. Schroeder ; Jesse T. Brooks, county auditor; Hans Listrud. treasurer: Peter Ericson, register of deeds. Edgar E. Cook, clerk of district court ; and Perry W. Glenn, judge of probate. Henry Kelsey, of the now Olivia "Times, " seenred the county printing at three cents per folio for financial statement and agreed to furnish the other county papers the same at 40c per hundred, delinquent tax list at le per description and commissioners' proceedings gratis. At this meeting a resolution was adopted asking the legislature to change the school district system to a township system. Julius A. Betz was employed by the board to transcribe the grantors and grantees index in the register of deeds office for $135. March 4. 1895, E. M. Clay, M. D., was made county physician at a com- pensation of $60 per month.


July >. 1895. the board of county commissioners met for the first time in Olivia, the citizens fitting up the Julian block with vaults and offices for the county officials, and they moved in. October 5. the commissioners appropriated $291.65 in payment of rent for county offices and the auditor was authorized to draw his warrant monthly for the same as earned.


Jan. 7, 1896, the same commissioners served as in 1895, though E. J. Butler was chairman. F. W. Rac, of the Fairfax "Crescent," secured the county printing. This year, for the first time, two county physicians were employed. Dr. E. M. Clay, at $600, and Dr. A. G. Stoddard. at $400. On February 27 Commissioner Corey offered a resolution setting forth the fact that the supreme court of the state of Minnesota had reversed the decision of the local district court and adjudged that the county seat of this county had not been changed to Olivia and directing that the rehearing of the case petitioned for be dismissed. llon. John Lind. attorney for the opposition to Olivia, addressed the board. favoring the adoption of the resolution, but it received only the vote of Commissioner Corey. S. R. Miller, county attorney, then presented an opinion at some length, which was spread upon the records. He opposed the resolution, denying the right of the commissioners to dismiss the petition for rehearing, which was


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set for six weeks ahead, without consulting him. He declared that the commissioners said they objected to the turmoil when in faet they started the turmoil and had been "turmoiling" for a year and seven months and certainly should be able to stand six weeks more of their own ercation. On April 27, 1896, the board met at the county auditor's office in Olivia for the purpose of providing for the removal of the records and county offices back to Beaver Falls, but all were served with an order from the dis- triet court restraining them until further order of the court, upon which they adjourned and went home, but the supreme court made a final decision against Olivia, and in May, 1896, the county seat went back to "Mother Beaver, " as the village was called in those days. On May 28 the county treasurer was directed by the board to return to the Olivia county seat com- mittee $4,100 and deed for certain lands. in view of the supreme court decision that the county seat had not been permanently located in Olivia, and so the elements of discord continued to smolder.


Jan. 5, 1897, the commissioners were F. A. Schroeder (chair- man), E. J. Butler, J. I. Johnson, A. J. Anderson and C. A. Desmond ; J. T. Brooks, county auditor. Doctors E. M. Clay and A. G. Stoddard were again county physicians ; Clay was to receive $500 For the year, while Stoddard had to be satisfied with $350.


July 15, 1897, was the date of the first publie benefit ditch in Renville county. Isaac Bogema and others petitioned the board to lay out a ditch through the town of Bandon, Camp and Birch Cooley, believing it to be a publie benefit and utility. Peter E. Wicken. C. W. Parsons and W. B. Munsell were appointed view- ers for said ditch, which was ditch No. 1 of the many ditches laved out and dug through Renville county since that time, absorbing many hundred thousands of dollars. On Oct. 25, 1897, after hiring overseers and having trouble with renters, the com- missioners sold to P. S. Eastberg the county poor farm for $8,000, just what they paid for it six years before. November I a peti- tion was presented to the board, signed by C. Il. Hopkins, Albert Hansen. A. V. Rieke. A. P. Lee. F. M. Reed and W. F. Mahler. asking the commissioners to purchase paint and use it to blot out the profane inscription on the Melntyre building adjacent to the court house in Beaver Falls. Whether Melntyre's house was painted at the expense of the county is not disclosed by the records.


Jan. 4, 1898. same commissioners and auditors served as in 1897. with A. J. Anderson as chairman. This year four county physicians were appointed : Dr. E. M. Clay for the northwest part of the county, at $225 for the year; Dr. F. L. Puffer for the northeast, at the same price; Dr. F. W. Penhall, the southwest. at $150; and Dr. A. G. Stoddard, the southeast, at $200. January


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6 the first two typewriters were purchased by the county, one for the judge of probate and one for the superintendent of schools. This year George T. Castle, of the Bird Island "Union," received the county printing at legal rates.


Jan. 3, 1899, the commissioners were : E. J. Butler ( chairman). J. S. Johnson. F. A. Schroeder. C. A. Desmond and Norman Hickok, with JJ. T. Brooks county auditor. Henry Kelsey. of the Olivia "Times," received the county printing that year at $1.45 per folio for financial statements. 12e per description for delin- quent tax list, commissioners' proceedings 75e per folio, and all other legal notices 75e per folio first insertion and 35c for subse- quent. Dr. A. G. Stoddard was appointed county physician for the year, at a salary of $750, taking the place of the four physi- cians of the previous year. May 3. 1899, W. J. Donohue appeared before the board, and on the part of Bird Island. offered to place in escrow with them. a deed for a block of land in that place free to the county, provided the county seat is located there. The board directed that the subject be considered at their meet- ing July next.


On July 10 R. T. Daly appeared as attorney for Bird Island, offering a building gratis to the county . if the county seat be moved to that place. On the same day Attorney George F. Gage. on behalf of the citizens county seat removal committee of Olivia, offered to place in the hands of Auditor Brooks a warranty deed for the Winhorst block, with all the buildings thereon, or a choice of several blocks of land in Olivia upon which to build a new court house, free, provided the county seat be removed to the village of Olivia, and at this same time Attorney Gage notified the board that the village of Olivia was about to enter upon a contest for the removal of the county seat permanently to that place.


So the county seat removal war dogs were again taking up the cry with both Bird Island and Olivia lining up their forces for a drive to win. The tension was nearly at the breaking point in this county those days. August 23. 1899, the board met at the county auditor's office to inspect and consider a petition filed in that office on August 3, 1899, praying for the removal of the county seat from Beaver Falls to Bird Island. H. II. Neuen- berg. a legal voter and taxpayer of the county, appeared specially by his attorneys, Lyndon A. Smith, George W. Somerville. S. R. Miller, J. M. Freeman, and George F. Gage and objected to the jurisdiction of the board to consider and inquire into that Bird Island petition, and their reasons were set out at length : First. no legal notice of intention to circulate petition was given ; second, petition was circulated prematurely; third, petition was prematurely filed : fourth, no legal publication of auditor's notice of this board meeting was made; fifth, affidavits of publication


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of notice were insufficient; sixth, notiee was not legally posted, etc., etc. The objections were overruled and the board, as in former county seat removals, adopted a set of rules for its gov- ernment upon the hearing of the petition to be considered. August 24 MeClelland and Tift, Daly and Barnard, G. T. Chris- tianson and B. HI. Bowler appeared as attorneys for the Bird Island petitioners and the entire day was spent in arguing ques- tions of law. August 25 the examination of the petition for the removal of the county seat to Bird Island was begun in earnest. Numerous names were withdrawn from the petition over the objection of the attorneys for Bird Island, Commissioners Schroeder, Johnson and Butler voting to allow the withdrawals, Commissioners Desmond and Hickok voting against it. It was an exeiting day and wholly taken up in withdrawing names and hearing the arguments of attorneys. The legal battle was one long to be remembered. On August 26, after listening to argu- ments of attorneys and noting the withdrawals of names from the Bird Island petitions, the board of county commissioners voted unanimously to reject the Bird Island petition.


On Sept. 15, 1899, the board again met in the county auditor's office, this time to inquire into and examine a petition for moving the county seat from Beaver Falls to Olivia, but found that an aetion had been commenced against the commissioners and all the county officers, with Justin I. Brown as plaintiff, also that a writ of injunetion had been served, restraining them from examining the Olivia petition until the termination of the action. After endless delay and attorney's defenses; the injunction was dissolved.


The Olivia petition was passed upon favorably and an elec- tion was ordered to be held throughout the county upon the twenty-fifth day of October. 1900. at which election 2.786 votes were east. Against Olivia there were 1,251 votes. In favor of Olivia there were 1,535 votes. So again the commissioners declared the county seat of Renville county located at Olivia. The votes were eanvassed in the l'orenoon of the twenty-ninth of October, 1900, in the afternoon, county officers were warned that no legal business could now be transacted in Beaver Falls. Com- missioners Desmond, Hickok and Johnson were appointed to pro- vide for paeking and transporting all furniture, records, etc., to the county seat now at Olivia. Immediately, and with all due haste. Commissioners Butler and Schroeder were dispatched to Olivia to arrange for county offices. Haste was admonished on every hand.


At the Indian outbreak in 1862 the vieinity of Beaver Falls was vacated with some speed, but the dispatch in getting the county seat and its belongings out of Beaver Falls and over to Olivia, after the votes were counted, is claimed to exceed that


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stampede by several hours, for we find that the commissioners, with all members present, met at the anditor's office in Olivia the next day. Oet. 30, 1900.


.Jan. 8, 1901, the commissioners were: F. A. Schroeder (chair- man), W. E. Kemp, Norman Hickok, W. C. Keefe and Carl Ander- son ; J. T. Brooks, county auditor. The Renville "Star-Farmer" company received the county printing that year. May 7 the board adopted a resolution authorizing the board. with the county anditor, to visit Swift, Lac qui Parle. Polk and other counties to aid them with knowledge thus required to build the right kind of a court house at Olivia for Renville county.


May 14 Commissioner Keefe offered a resolution that the county issue $50,000.00 in bonds with which to build and furnish a court house at Olivia, which was agreed to. Commissioner Kemp on the same day offered a resolution soliciting plans and specifications for a court house to cost not less than fifty or more than seventy-five thousand dollars, which request should be pub- lished in a member of newspapers. This also was agreed to. May 15. 1901. Commissioner Kemp offered a resolution for a special election, to be held in the several precints in the county on June 26, 1901, submitting the question of the $50,000 bond issue by the county for court house purposes, which was adopted. On motion of Commissioner Kemp, the county auditor was directed to give notice of the election on the county bond issue.


June 4, 1901, the commissioners were considering the loca- tion of a court house. The question which side of the railroad track to build was to be considered. Those citizens on the south side were asking more time to prepare their arguments and sub- mit their proposals. Thus, even with the county seat at Olivia, all was not harmony. Erie Erieson was placed in charge of the old court house at Beaver Falls. June 6, 1901, by resolution of the board, block 16, which the village of Olivia had donated to the county, was traded for a block of ground known as Nester Park, upon which to build a court house, the village receiving $500 difference in the trade. Upon this resolution, Kemp, Schroeder and Keele voted ves, with lliekok and Anderson vot- ing no. June 28, 1901, the following named architects appeared before the board and submitted plans and specifications for the new court house: F. D. Kiney, Austin, Minn. ; F. D. Orff, Min- neapolis: E. S. Stebbins, Minneapolis; E. Strasburg, Crookston, Minn. : Pass and Sebipple, Mankato, Minn .; J. F. Taggert, Min- neapolis ; A. F. Terryberry, Duluth, Minn .; W. H. Dennis, West- field, N. Y .; John F. Thomas, St. Louis: Birdsall & Sturgis, New York ; and T. P. Hicks, Omaha.


The entire day was occupied by the board examining these plans and the next day, June 29, F. D. Orff was selected as the architect to superintend and furnish plans for the proposed new


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court house for Renville county at Olivia. July 9 following, the county auditor was directed to advertise for bids for the con- struction of a basement to the court house to be erected. The auditor was also directed to advertise for sealed bids for the purchase of $50,000 bonds of the county for the purpose of building and furnishing a court house at Olivia, the county seat of said county. Sealed bids were also invited for the sale of the court house, grounds and old stone jail in Beaver Falls. July 29 it was decided by the board to use Portage Entry Red Sand Stone from the Portage Entry Quarries Co. for the construction of the basement of the new court house. O. II. Olson, of Still- water, Minn., was awarded the contraet for the basement. Com- missioner Kemp offered a resolution that the court house to be erected by this county, to be located in the block in the village of Olivia known as Nester Park, which was adopted; he also offered a resolution that the county purchase the so-called village park of Olivia for $2,000.00 to be used as a site for the new court house. This resolution was also adopted and the board adjourned.


August 15 ten sealed bids were received by the board for the purchase of the $50,000 court house bonds, and the commissioners decided, through Auditor R. C. Dunn, to take the money from the permanent school fund of the state, and made application for the same, setting up therein among other things. that an election was held June 28. 1901, on the proposition and that 740 voted in favor and 642 against issuing the bonds, and thus the county secured funds needed in the business. The commissioners ordered photographs of the old stone jail and the court house in Beaver Falls to be framed and hung in the new court house. W. J. Hines offered $315 and W P. Christianson $352 for the old court house, grounds and heating plant in Beaver Falls, which bid was rejected, though William Wiehman secured the old stone jail and grounds for $50.


On August 16 it was found that, though the board had decided on Nester Park for the location of the court house and the village council of Olivia had directed its president and village recorder to execute a deed to the county for the purpose before men- tioned, the village president absolutely refused to do so, and as the county had had some taste of litigation, they shied at the prospect of more. So when Perry W. Birch, as agent, offered them all of block 2, Peterson's addition, except lots 7, 8 and 9, for $3,950 and James Kirwan offered them the three lots for $1,000, they closed the deal and that is where the court house now stands. August 27 the commissioners accepted deeds executed by George W. Bureh and wife conveying lots 1, 2, 3, 10. 11 and 12; from James Kirwan and wife conveying lots 7, 8 and 9, and from Stephen E. Fay and wife conveying lots 4, 5 and 6 to the county.


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On September 6 the commissioners decided that the founda- tion walls of the new court house should be made two feet lower than specified in the plans, for which they allowed Contractor Olson $1,116.00 extra. Nov. 25, 1901, the commissioners accepted the basement of the new court house as completed and paid Architect F. D. Orff $800 as part payment of his fees. December 2 was taken up examining plans for the superstructure of the new court house. December 3 Commissioner Keefe reported that he had sold the heating plant in the old court house in Beaver Falls to the Birch Cooley Lodge, No. 122. 1. O. O. F., for the sum of $400, which was agreed to.


The auditor was instructed to advertise for bids for the erec- tion of the new court house Jan. 7, 1902. Norman Hickok was chairman of the board of this year, J. T. Brooks auditor. and the owner of the "Star-Farmer. " the public printing. The com- missioners notified the board of control that they would consider building an up-to-date jail for Renville county during 1902. January 15 the contract for the construction of the new court house was awarded to O. H. Olson : contract for heating plant to F. E. Kreatz; contract for plumbing to Chas. Wilkins & Co., eon- traet price not noted in the commissioners record. January 27 the Art Metal Furniture Co. were authorized to furnish steel vault and office furniture for the sum of $1,758.65. and the Phoenix Furniture Co. to furnish the court room and other needed wood furniture for $3.369.00. April 3, 1902. the old court house and grounds at Beaver Falls were sold to Dora Scheer for $800. Thus the county did well in not accepting the first offer. On this day $25,000 was transferred from the ditch to the building fund. The county contracted with Dora Scheer to board the paupers of the county at $2.50 per week. The county attorney was directed to begin an action to reform the deed given on behalf of Olivia citizens to block 16 prior to the removal of the county seat to that village. Chas. Wilkins Co. secured the con- tract for installing a lighting system for the new court house at $995. Chas. E. Ferrir was appointed to superintend the con- struction of the new court house at $5.00 per day. August 21 the commissioners contracted with F. M. Dolan to lay ont the court house grounds with trees, walks and ornamental shrubs. October 9 L. A. Melvar presented to the board a proposition for decorating the inside walls and rotunda of the court house, which was accepted, price not recorded. Nov. 1, 1902. John Toomey purchased from the county commissioners lots A and B of block 1 of Windhorsts' subdivision for $3,000, the same having been donated to the county by the citizens of Olivia. M. J. Dowling purchased a dwelling house standing on the court house grounds for $765, which he agreed to remove.


Der. 5. 1902. upon recommendation of Fremont D. Orff, the


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architect, the commissioners, by resolution accepted the new court house as being completed according to plans and specifications, finding the contractor, O. H. Olson, entitled to the sum of $11,- 726.80. The board then proeceded to settle with F. E. Kreatz, the heating plant contractor, and find him entitled to $2,155.20 as final payment. The county auditor was authorized to proenre and have put up coat and hat racks in all the closets, while P. J. Schafer was employed to furnish and put in place 83 window shades, for which he was to receive $92.00. The sum of $3,000 was paid to the Phoenix Furniture Co. on wood furniture for the new court house. Jan. 9. 1903. was the date set for holding a sale in the basement of the court house of all the old and undesirable furni- ture belonging to the county.


.Jan. 6. 1903, the commissioners were : Carl Anderson (chair- man), William Kemp, W. C. Keefe, M. E. Sherin and Ole S. Olson ; Il. J. Lee taking the place of J. T. Brooks as county auditor. The county attorney's salary was fixed at $1,200 per annum, while the superintendent of schools was to receive $10 for each school district in the county. Charles B. Dean. of the Hector "Mirror," received the county printing for 1903.


Jan. 10, 1903. the board appointed March 11, following, as the time when they will take up the question of building a county jail and providing ways and means for the same. Feb. 17. 1903, J. M. Salstrom was given the contract for furnishing screen doors and windows for the court house, receiving for the same the sum of $225. March 11. 1903. M. J. Dowling, J. J. Schoregge and S. R. Miller appeared before the board and asked to be heard on the proposition of building a county jail. Final action was post- poned to April 20, next.




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