MUSCATINE COUNTY IOWA

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Incorporation

        The process relating to the incorporation and election of town officials is long and drawn out. It covered twenty pages of hand written documentation. In order to conserve space we have summarized the articles.

Petition for election asking for a vote for incorporation

        On November 28, 1899 a petition was filed in the office of the Clerk of the District Court in Muscatine County. The petition was filed by W. B. Barkalow and C. W. Minshall, asking for an order of election for the purpose of submitting to a vote the question of incorporating the village of Atalissa.

        The names of the thirty-five petitioners asking for an election to incorporate Atalissa are listed below:

W. B. Barkalow	F. E. Regmmer
M. P. Watson	Geo. Jackson
J. W. Hayes	James Ireland
Nat Morris	Oscar Marticke
H. M. Markhaus	E. W. Lamb
R. H. Hargrave	A. Heberling
C. W. Minshall	S. Hampton
R.P. Stucker	Fred V. Jones
E. Lambert	F. B. Halmer
A. Thomas	J. T. Starr
H. C. Whitehead	Joseph Pollischeck
D. Brotchie	George Worrall
John Miller	S. Doyle
Sam V. Lambert	Albert Barnhagel
I.S. Pepper	William Spiers
Roy Barkalow	L. L. Lamb
Rev. A. S. Smith	Q. Cornwall
W. H. Jones

Proof as to qualified election to petition

        On November 27, 1899, C. W. Minshall submitted an oath to W. N. Jones, Justice of the Peace, stating that the above mentioned person, to the said Petition, possess the qualification of electors for the proposed incorporated territory and were in fact qualified electors of the said territory.

Order appointing commission

        On November 28, 1899, an application was filed asking that an order, of the District Court, be issued appointing a commission of 5 members in compliance with Section 600 of the Code. To give notice in due legal manner, of the time for holding an election to determine whether or not the village of Atalissa should incorporate under the law of Iowa.

        The following five persons were appointed to the commission: W. B. Barkalow, I. S. Pepper, Sam V. Lambert, E. S. Lamb and A. Heberling. The responsibility of this commission was to proceed with an election.

Proof of publication of notice

        On December 18, 1899, proof of publication notice was submitted to J. W. Ellis, Clerk of the District Court. The incorporation notice was published three consecutive weeks in the weekly Muscatine Journal on the first day of December 1899 and the last publication date of December 15, 1899.

Copy of printed notice application for incorporation

        Notice of election for incorporation was given to the voters of Atalissa, in Goshen Township, located in Muscatine County, Iowa. Of an election to be held on Thursday, December 21, 1899, from one p.m. until six p.m. at the post office drug store, in Atalissa, Iowa to decide the question “Shall the town be incorporated?” The limits of said town to be within the east ½ of the southwest ¼ of section 11, township 78N R. 3 W. Notice was also given that a plat showing the limits of the territory is on file in the office of the Clerk of the District Court.

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Affidavit on report of commission as to election and as to posting

        An affidavit was submitted to W. H. Jones, Justice of the Peace reporting the election, which was held in Atalissa, Iowa on December 21, 1899 to decide the question. Fifty-eight votes were cast of which twenty-nine were cast in favor of, and Twenty-six against incorporation, three votes were spoiled in marking.

        On January 3, 1900 certification was sent to the District Court showing that the five commission members held an election in the town of Atalissa, Iowa and that the notice of said election was posted and published accordingly.

Order of court approving report of election and for appointment of officers

        On January 9, 1900, there was made and entered an order of the court approving the application for incorporation of the town of Atalissa, Iowa and an order approving the report of election and the order of election of a council.

Proof of publication of notice of election

        On April 21, 1900 there was filed in the office of the Clerk of District Court, proof of publication of notice of election for the council.

        The election of council members ‘notice was printed in the Muscatine Weekly Journal for two consecutive weeks with the first insertion being on March 6, 1900 and the last insertion on March 13, 1900.

Notice of election

        On January 15, 1900 notice was given to the voters of Atalissa, Muscatine County, Iowa, that by order of the District Court, dated January 9, 1900, there will be an election held on Tuesday, March 26, 1900, at the post office drug store in Atalissa. To Elect, a Mayor, a Clerk, a Treasurer, an Assessor and a Council of six members. And, on April 7, 1900 there was filed in the office of the Clerk of the District Court, the report of the Commissioners, which was approved and set forth.

Report of commissioners on election

        On March 31, 1900, proof of the election for Council Members was filed in the court. The following persons were elected by a majority of the votes cast on March 26, 1900, there being but one candidate nominated for each office. Mayor Charles Collison, Clerk E. S. Lamb, Treasurer John Miller, Assessor Ernest Lambert, Councilmen are C. W. Minshall, Cyrus Overman, David Brotchie, George Worrell, Nat Davis, Owen Doyle, all of which the commissioners submitted to the court for its consideration. Also on this date of March 21, 1900, the District Court approved the officers elected to the Council and declared the town of Atalissa as being incorporated.

Order approving report of commissioners and judgement

        On April 7, 1901 the report of the election was approved by Judge W. F. Bramian.

        On September 22, 1900 J. W. Ellis, Clerk of the District Court for Muscatine County, State of Iowa, certified the report as being true. A correct transcript of all papers filed, and entries of Court made in the matter of the application of The Town of Atalissa for Incorporation, as shown by the records of the District Court.

        On January 7, 1900 at 2:00 P.M. the transcript, in the matter of the application of the Town of Atalissa for Incorporation, was filed with the Clerk of the District Court to and for Muscatine County, Iowa, a fee of $8.25 was paid to the Muscatine County Clerk’s office. A fee of $5.25 was also paid for filing fees to the State.

        In summary, the process of incorporating Atalissa began in November 1899. Atalissa was declared incorporated on March 31, 1900. The reports were filed on January 7, 1901.