USA > Washington > Benton County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 87
USA > Washington > Kittitas County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 87
USA > Washington > Yakima County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 87
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Sec. 2. At any time within three months after this act shall take effect, any qualified voter living in any portion of Yakima or Klickitat counties embraced within the boundaries of Benton County as hereinbefore defined, may present to the governor in substance, that the signers of such petition are a majority of the voters living in the portions of Klickitat and Yakima counties embraced within the boundaries of Benton County as defined within this act, and praying that in case it shall be found that the constitutional provisions relating to the creation of new counties have been complied with, the county of Benton shall be deemed fully established: Provided, That said petition shall be accompanied by a good and sufficient bond to the superior judge to whom said petition shall be trans- mitted by the governor to be approved by said superior judge, in the sum of
-
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$1,000.00 to cover costs of proceedings under this act, and in case the said county shall not be established.
Sec. 3. The governor shall forthwith transmit said petition to the superior judge of Yakima County and the said superior judge shall within thirty days thereafter examine said petition and ascertain whether said petition bears the signatures of persons living within the territory of Benton County and entitled to vote therein, in number equal to a majority of the votes cast by voters living within said territory at the last preceding general election, as nearly as the number of such voters voting at such preceding election can be ascertained ; if the judge finds the petition sufficiently signed, then the said judge shall ascer- tain to his satisfaction, upon evidence received in open court, that the striking therefrom of the territory proposed to be set over into Benton County will not reduce the remaining population of said Yakima County or Klickitat County or either of them respectively to a population of less than four thousand, and that such territory so proposed to be set over contains a population of two thousand or more: Provided, however, That the judge may in his discretion appoint an elector or electors who shall be a freeholder, residing within the territory of Benton County, to take a special enumeration of the population of the counties of Yakima and Klickitat or of any part thereof which he may desire so that it will show separately the number of the population living in such portion thereof within the boundaries of Benton County, and living in the rest of said counties of Yakima and Klickitat. It shall be the duty of the person or persons so
appointed to qualify by filing with such court an oath that he will take such enumeration truly and impartially, and therefrom he or they shall take such enumeration and return the same verified by his affidavit to the effect that he believes the same to be a true and correct enumeration of such county, or as the case may be, of the portions of such county as to which the same relates, in such court, and to file the same in such court within one month after such enumeration has been completed.
Sec. 4. If it shall be shown to the satisfaction of such judge of the superior court of Yakima County that there are two thousand or more inhabitants within the boundaries herein set forth for the county of Benton, and that there shall remain four thousand or more inhabitants in the remaining portion of Yakima and Klickitat counties respectively, thereupon he shall make a decree setting forth the fact that the provisions of the constitution of the state of Washington have been complied with. Upon the filing of such decree it shall be the duty of the clerk of such court to make and transmit to the board of county com- missioners of Yakima and Klickitat counties respectively, a certified copy thereof, and also a certified copy thereof to the governor of the state, and to the secretary of state.
Sec. 5. Immediately upon receipt of said certified copy of the decree of the superior court of Yakima County, the governor shall make a proclamation declaring the county of Benton fully established.
Sec. 6. The county of Benton shall assume and pay to the counties of Yakima and Klickitat respectively, its proportion of the bonded and warrant indebtedness of each of said counties respectively, in the proportions that assessed valuation of that part of Benton County lying within the present
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boundaries of Yakima and Klickitat counties respectively, bears to the assess- ed valuation of the whole of Yakima and Klickitat counties respectively. The adjustment of said indebtedness shall be based upon the assessment for the year 1904: Provided, That in the accounting between the said counties neither county shall be charged with any debt or liability incurred in the purchase of any county property or the purchase of any county building which shall fall within and be retained by the other county.
SEC. 7. The county seat of said Benton County is hereby located at the town of Prosser, and shall there remain until the same shall be removed in ac- cordance with the provisions of law.
SEC. 8. Until otherwise classified said county of Benton is hereby desig- nated as belonging to the twenty-second class.
SEC. 9. Carl A. Jenson, W. P. Simms and J. W. Carey, all being residents within the herein proposed county of Benton, shall be the first board of county commissioners of said Benton County, and they shall hold office until the second Monday in January, 1907, and until their successors are elected and qualified, and shall meet at the county seat of said Benton County within thirty days from the date of the governor's said proclamation, as hereinbefore provided, and shall qualify as such county commissioners by filing their oath of office with the judge of the superior court, who shall approve their bond in the manner pro- vided by law; Provided, however, That if any of the above-named commission- ers shall fail to qualify within the time specified, then the governor shall appoint a bona fide resident and qualified elector of said Benton County to fill the vacancy.
SEC. 10. Such commissioners shall divide their county into precincts, townships and districts, as provided for by the law then existing, making only such changes as are rendered necessary by the altered condition of the bounda- ries occasioned by the segregation from the original counties.
SEC. 11. In all townships, precincts, school and road districts which retain their old boundaries, the officers thereof shall retain their respective offices in and for such new county until their respective terms of office expire, or until their successors are elected and qualified, and shall give bonds to Benton County of the same amount and in the same manner as had previously been given to the original county.
SEC. 12. Except as provided in the preceding section such commissioners shall be authorized and required to appoint all of the county officers of the county organized under the provisions of this act and of which they are com- missioners, and the officers thus appointed shall commence to hold their office immediately upon their appointment and qualification according to law and shall hold their offices until the second Monday of January, 1907, or until their successors are elected and qualified.
SEC. 13. Until otherwise provided by law, said Benton County shall be and hereby is attached to the district composed of Yakima, Kittitas and Frank- lin counties, for judicial purposes.
SEC. 14. The board of county commissioners at a regular meeting held within one year from the time when they shall qualify as commissioners of the county of Benton, by an order duly entered in the minutes of their proceedings,
.
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shall divide Benton County into three commissioners' districts in the manner provided by law, and shall designate the boundaries thereof, and at the next general election in said county there shall be elected three commissioners, one from each of said districts; the commissioner for district number one to be elected for four years and the commissioners for districts two and three for two years.
SEC. 15. For the purpose of representation in the legislature until other- wise provided by law, the county of Benton shall be included in the fifteenth senatorial district and shall constitute the fifty-eighth representative district, and be entitled to one representative.
SEC. 16. Until the county of Benton is organized by the appointment and qualification of its officers, the jurisdiction of the present officers of Yakima and Klickitat counties respectively, shall remain in full force and effect in those portions of the territory constituting the said county of Benton, lying within the boundaries of said Yakima and Klickitat counties respectively. 1
SEC. 17. Within such time as they shall be transcribed after the gover- nor's proclamation, as hereinbefore provided, the county auditors of Yakima and Klickitat counties, respectively,. shall certify from the records of said counties respectively all records and all papers and documents on file in any wise affecting the title to any estate or property, real or personal, situated with- in the county of Benton, and the county commissioners of Benton County shall provide, at the expense of the county, proper and suitable record books to which such records shall be so transcribed and shall transcribe said records as herein- after provided, in legible writing, and said record books and papers shall be delivered to the auditor of Benton County, and said records and documents so transcribed shall be accepted and received as evidence in all courts and places as if the same had been originally recorded or filed in the office of the auditor of Benton County.
SEC. 18. All actions and proceedings which shall be pending in the su- perior courts of Yakima and Klickitat counties at the time of the governor's proclamation hereinbefore referred to, affecting the title or possession of real estate in Benton County, or in which one or all the parties are residents of Ben- ton County, and all further proceedings had therein shall be in Benton County, the same as if originally commenced in that county. All other proceedings, civil or criminal, now pending in the superior courts of Yakima and Klickitat counties shall be prosecuted to termination thereof in the superior courts of Yakima and Klickitat counties respectively.
SEC. 19. All pleadings, processes, documents and files, in the offices of the county clerks of Yakima and Klickitat counties affecting pending suits and pro- ceedings to be transferred as provided in the preceding section of this act, shall be transferred and all records therein transcribed as hereinafter provided and certified by the county clerks of Yakima and Klickitat counties respectively, and transmitted to the county clerk of Benton County, after said clerk shall have entered upon the duties of said office.
SEC. 20. All records, papers and documents of record or on file in the office of the county clerks, county auditors and all other officers of Yakima and Klickitat counties respectively, in anywise affecting the title or possession of real
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estate or other property in Benton County, and required to be transcribed shall be transcribed and transmitted to the county clerk, county auditor or other officer of Benton County by such person or persons as may be employed by the county of Benton for such purpose under the certificates of the county clerks, county auditors and other officers of Yakima and Klickitat counties re- spectively, and said records and documents when so transcribed and trans- ferred, shall be received as evidence in all courts and places as if originally recorded or filed, as the case may be, in the county of Benton.
SEC. 21. All records of Yakima and Klickitat counties required by this act to be transcribed shall be transcribed by a person or persons to be employed by the board of county commissioners of Benton County, as follows, to-wit: Said transcribing shall be done by a person or persons under contract who shall receive said contract after bids for said work shall have been advertised and the contract given to the best bidder ; all records so transcribed shall be certified by the officer of the respective office from which said record shall be tran- scribed, under the seal of his office, in the manner following, to-wit: Each book of transcribed records shall be certified to be a correct transcript of the records of Yakima or Klickitat counties, as the case may be, contained therein, describ- ing in the certificate the office in Yakima or Klickitat County from which the same are transcribed and each officer so certifying shall finally certify to the completeness of all records so transcribed from his office.
Passed the senate, February 20, 1905.
Passed the house, March 1, 1905.
Approved by the governor, March 8, 1905.
In the "Prosser Falls Bulletin" of June 22, 1905, we find the following account of the initiation of countyhood ; followed by editorial comment, together with an account of the initiation of the county business :
BENTON COUNTY AN ACTUAL FACT
Benton County, according to a proclamation issued by Governor Mead last Saturday, June 17th, is "fully and completely created and established." The proclamation reached here Sunday, being sent to F. H. Gloyd, who carried the petition to the governor, and was framed and placed on exhibition Monday in one of the windows of the Prosser State Bank. The proclamation, it was ex- pected, would provide for the new county to begin business July 1st, the be- ginning of the fiscal year, and has caught the county commissioners unawares. The courthouse quarters are not ready for the officers, none of them had pre- pared their bonds, there is no jail, books or other supplies, all of which would have been provided for by the first of the month. Some tall hustling is now being made, however, to get Benton County ready for business and the com- missioners will no doubt be equal to the emergency.
The issuance of the governor's proclamation is the result of the action of Judge Rigg's court last Friday. As stated in "The Bulletin" last week, a com- mittee consisting of F. H. Gloyd, P. E. Harris, A. G. McNeill, M. W. Smith, Dr. D. M. Angus, E. L. Boardman and C. W. Mauer of Lone Spring, went to North Yakima to furnish testimony as to the population of Benton County and
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the genuineness of the signatures on the petitions praying for its creation. At- torney Ira P. Englehart appeared in court to represent the new county and it took only twenty-five minutes for Judge Rigg to hear the testimony and issue a decree stating that the constitution and the law with reference to the esab- lishment of new counties had been fully complied with. This decree was for- warded to Governor Mead, who issued the following proclamation :
GOVERNOR'S PROCLAMATION
"Whereas, heretofore, on the 9th day of June, A. D., 1905, a petition was duly presented to the undersigned praying for the creation of the county of Benton in the state of Washington, subject to the requirements of state consti- tution and statutes in respect to the establishment of new counties, said peti- tion then and there reciting that the names appended thereto constitute a majority of the voters residing in the certain portions of the counties of Klicki- tat and Yakima embraced within the boundaries of the county of Benton as the same are fixed by an act of the legislature of the state of Washington approved March 8, 1905, and,
"Whereas, Said petition was thereafter duly and regularly transmitted to the Hon. H. B. Rigg, judge of the superior court of the state of Washington in and for the county of Yakima, to the end that said court should ascertain if the provisions of the constitution of the state of Washington had been com- plied with ; and,
"Whereas, On the 17th day of June, A. D., 1905, there was presented to the undersigned a certified copy of a decree of said superior court of Yakima County to the effect that said court had duly and regularly determined and found that the requirements of the constitution and statutes of the state of Washington in respect to the establishment of new counties had been fully com- plied with in the matter of the creation and establishment of Benton County ;
"Therefore, I, Albert E. Mead, governor of the state of Washington, by virtue of the authority in me vested and of the said proceedings had in said superior court, and under and in conformity with the constitution of the state of Washington and the laws thereof, do hereby proclaim and declare the county of Benton, as described by act of the legislature of the state of Washington, entitled 'An act to create the county of Benton, subject to the requirements of the state constitution and statutes in respect to the establishment of new counties,' approved March 8, 1905, fully and completely created and established.
"In witness whereof, I have hereunto set my hand and caused the seal of the state to be suffixed this 17th day of June, A. D., 1905.
[SEAL]
"ALBERT E. MEAD, Governor.
"J. THOMAS HICKEY, Sec'y of State."
BENTON COUNTY GETTING READY
The county commissioners of Benton County will meet tomorrow, Friday morning, with County Attorney-elect Anderson present, make out their bonds, take the oath of office before a notary public and forward bonds to Judge Rigg of the Superior Court at North Yakima for approval. Each bond is in the sum
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of $5,000. The commissioners, at tomorrow's meeting, will probably arrange to purchase steel cells for the jail and material for the vault, as well as fur- niture for the county offices. The board will hold its first regular meeting on Saturday, July 1st, when the new county will be ready for business. At that meeting they will appoint the county officers, all of whom can be sworn in by any person authorized to administer an oath, except J. D. Marsh, clerk of the Superior Court. He must take the oath of office before Judge Rigg. Between now and the first of the month the commissioners will have the Riverside Hotel fixed up for courthouse quarters, work on which is now proceeding under di- rection of Commissioner Carl A. Jenson.
At North Yakima last Monday morning, County Attorney Ira M. Krutz instructed the county officers to file no papers or transact any business from the territory comprising Benton County, which he had no legal right to do and which is liable to cause some confusion. It is also liable to involve Yakima County for damages if it should decline to transact business for residents of Benton County between now and July 1st in which any financial liability is involved. This matter is fully covered by Section 16 of the bill creating Benton County which reads as follows :
"Until the county of Benton is organized by the appointment and qualifica- tion of its officers, the jurisdiction of the present officers of Yakima and Klick- itat counties respectively, shall remain in full force and effect in those portions of the said Benton County lying within the boundaries of said Yakima and Klickitat counties respectively."
The commissioners of Benton County expected the governor's proclama- tion to provide for its establishment June 17th. The section quoted above, however, fully covers the question and is the only law on the subject. Certainly the officers of this county can transact no business until they have qualified and their bonds are approved and until this is done Yakima and Klickitat counties must take care of the business.
Commissioners Jenson and Carey have informally tendered the position of auditor to F. H. Gloyd of this city, who will probably accept, as he is about to retire from the Prosser State Bank, as noted elsewhere in this issue. He was formerly auditor of Pierce County, worked around the court-house in Tacoma for years and no person better qualified for the position could be selected. The county convention declared that this office should go to A. H. Potter of Kenne- wick, who would have been appointed, but he recently forwarded his declina- tion to the commissioners. Previous to Mr. Potter being nominated, Kenne- wick asked for the appointment of Mr. Brown, but withdrew his name in favor of Mr. Potter. Under these circumstances the commissioners feel that Kenne- wick, which was also given the county attorney, has received all the considera- tion to which she is entitled.
All the other county officers selected by the convention will be appointed on the first of July and they should be here on that day with their bonds, pre- pared to qualify. Sheriff McNeill and Assessor Van Horn have declared their intention of furnishing surety bonds and some of the other officers, probably, will do the same.
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BENTON COUNTY
At last, after years of waiting, after bitter fights, harsh words and the en- gendering of political and personal animosities, the people of this portion of the Yakima Valley, who honestly believed they were entitled to self-govern- ment, have a county of their own ; they are now ready to try their hands at regulating their affairs. Fortunately, the creation of the county has finally been accomplished without a continuation of the bitter feeling that marked the two previous contests. Yakima County, which surrenders most of the territory comprising Benton, has done so cheerfully, wishes it well in all things and the people of the two counties part as friends. This is a good beginning, because the interests of the two counties are identical. They can help each other in many ways. They should forget the old quarrel, now, work together when it is advantageous to do so and, as far as the antagonisms are concerned, start with a clean slate.
The "Bulletin" has supreme confidence that Benton County will be a suc- cess in every way. No county in the entire nation has a better, brighter or more enterprising class of people. They have selected their own county officers, they will cheerfully assume the added burdens and responsibilities of self-gov- ernment and work out their own salvation. That is the prediction of this news- paper. The proper administration of the county's affairs, of course, depends upon the officers, but the "Bulletin" believes they are capable and conscien- tious ; that they will do their full duty. That they make some mistakes is to be expected, as it is a difficult matter to organize a new county government, but the errors can be corrected ; the people should exercise a tolerant spirit until the officials become familiar with their duties, support them loyally and encourage them in every way. This will be the sensible thing to do. Everybody will have to work to help develop the magnificent resources of Benton County, take a pride in it and it is sure to come out all right.
Here's to its success : may the people of the new county never have cause to regret that it was created.
THE RAILROAD COMMISSION
Many of the newspapers of the state that supported Governor Mead last Fall are complaining bitterly as to the personnel of the railroad commission he has appointed. Frequently during the campaign, in his speeches in eastern Washington, the governor declared that he would select at least two members of the commission from the friends and advocates of that principle. He does not appear to have done this. Mr. Fairchild of Bellingham and Mr. McMillin of Roche Harbor are claimed to be closely identified with the railroad interest of the state in politics. The Whitman County newspapers claim that Mr. Lawrence of that county is a friend of the commission forces, but it is charged that he fought Governor McBride's nomination and also that he is an intimate personal and political friend of Charles P. Chamberlain, political manager and manipulator of the Great Northern Railroad. Mr. Lawrence's antagonism to McBride, in the opinion of this newspaper, should not be made a test of his fealty to the commission principle. The "Bulletin" always has believed that
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the ex-governor was a demagogue and was advocating the commission for the sole purpose of advancing his own political fortunes. It still so believes. But the charge that Mr. Lawrence is closely identified with Mr. Chamberlain is more serious.
This newspaper has no fight with the railroads. But it believes in a rail- road commission. It thinks the freight rates are too high. It knows that in many instances they should be equalized. The railroads should be regulated by a railroad commission. The "Bulletin" has advocated the appointment of a commission and was a strong supporter of Governor Mead. It honestly be- lieved that the railroad forces of this state had no strings on him and advised its constituency to vote for him. It does not now say that the railroads are con- trolling the governor in this commission matter, but there is no denying the fact that its friends are sorely disappointed in the personnel of the commission.
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