Worth County Government

 

CHAPTER V
WORTH COUNTY GOVERNMENT

PRECEDING EVENTS — TERRITORY OF IOWA — STATEHOOD — THE ORGANIC ACT — FIRST OFFICERS — A LEGAL MISTAKE — THE COUNTY COURT — BOARD OF SUPERVISORS— AUDITORS — RECORDER AND TREASURER — RECORDERS — TREASURERS — CLERKS— ATTORNEYS — SHERIFFS — CORONERS — SURVEYORS — SCHOOL — SUPERINTENDENTS — LEGISLATIVE — POLITICAL TREND — COUNTY SEAT AND COURTHOUSE—POPULATION

Before noting the manner in which Worth County was organized, it is well to consider briefly some of the events preceding its organization. When President Jefferson, on March 1, 1804, approved the act of Congress providing for the exercise of sovereignty over Louisiana, the territory now comprising the County of Worth came for the first time under the jurisdiction of the United States. The act provided that from and after October 1, 1804, all that part of the Province of Louisiana lying south of the thirty-first parallel of north latitude should be known as the Territory of Orleans, and that portion north of that parallel as the District of Louisiana. In the latter was included the present State of Iowa. The District of Louisiana was placed under the jurisdiction of the Territory of Indiana, of which Gen. William H. Harrison was then governor.

On July 4, 1805, the District of Louisiana was organized as a separate territ ory and given a government of its own. When the Territory of Orleans was admitted into the Union in 1812 as the State of Louisiana, the name of the northern district was changed to the Territory of Missouri. In 1821 Missouri was admitted into the Union with its present boundaries, and all north of that state was left without any form of civil government whatever. No one seems to have given the matter any thought at that time, probably for the reason that the only white people in that region were a few wandering hunters and trappers, or the agents of the different fur companies, all of whom were more interested in the profits of their occupations than they were in establishing permanent settlements and paying taxes to support a government.

On June 28, 1834, President Jackson approved an act of Congress attaching the present State of Iowa to the Territory of Michigan, which then included all the country between Lake Huron westward to the Missouri River. By this act Iowa came under the jurisdiction of Michigan and the Legislature of that territory divided Iowa into two counties, as stated in the preceding chapter.

Iowa continued as a part of Michigan for less than two years. On April 20, 1836, President Jackson approved the act creating the Territory of Wisconsin, to take effect on July 4, 1836. Gen. Henry Dodge was appointed governor of the new territory, which embraced the present State of Wisconsin and all the territory west of the Mississippi River formerly included in or attached to Michigan. Pursuant to Governor Dodge's proclamation, the first election ever held on Iowa soil was held on October 3, 1836, for members of the Wisconsin Territorial Legislature.

TERRITORY OF IOWA

A census of Wisconsin, taken in 1836, showed that there were then 10,531 white people living in what is now the State of Iowa. During the twelve months following the taking of that census there was a rapid increase in the population, and early in the fall of 1837 the question of dividing the territory and establishing a new one west of the Mississippi became a subject of engrossing interest to the people living west of the great river. The sentiment in favor of a new territory found definite expression in a convention held at Burlington on November 3, 1837, which adopted a memorial to Congress asking for the erection of a new territory west of the Mississippi. In response to this expression of the popular sentiment, Congress passed an act dividing Wisconsin and establishing the Territory of Iowa. The act was approved by President Van Buren on June 12, 1838, and it became effective on the 3d of July following. The boudaries of Iowa as fixed by the act included "All that part of the Territory of Wisconsin which lies west of the Mississippi River and west of a line drawn due north from the headwater or sources of the Mississippi to the northern boundary of the Territory of the United States."

President Van Buren appointed Robert Lucas, of Ohio, as the first territorial governor of Iowa; William B. Conway, of Pennsylvania, secretary; Charles Mason, of Burlington, chief justice; Thomas S. Wilson, of Dubuque, and Joseph Williams, of Pennsylvania, associate justices; Isaac Van Allen, of New York, district attorney; Francis Gehon, of Dubuque, United States marshal. The white people living west of the Mississippi now had a government of their own, though by far the greater part of the new territory was still in the hands of the Indians.

STATEHOOD

On February 12, 1844, the Iowa Legislature, acting under the authority of and with the consent of the Federal Government, passed an act providing for the election of delegates to a constitutional convention. The convention met at Iowa City on October 7, 1844, and finished its work on the first day of November. The constitution framed by this convention was rejected by the people at an election held on August 4, 1845, by a vote of 7,656 to 7,235.

A second constitutional convention assembled at Iowa City on May 4, 1846, and remained in session for two weeks. The constitution adopted by this convention was submitted to the voters of the territory at the general election on August 3, 1846, and was ratified by a vote of 9,492 to 9,036. It was also approved by Congress, and on December 28, 1846, President Polk affixed his signature to the bill admitting Iowa into the Union as a state. At that time all the northwestern part of the state was unorganized territory, or was included in the old County of Fayette, which had been established by the Territorial Legislature of AVisconsin in December, 1837. Fayette was probably the largest county ever established in the United States. It extended from the Mississippi River west to the White Earth River and north to the British possessions, embracing all the present State of Minnesota, northwestern Iowa and all of North and South Dakota east of the White Earth and Missouri rivers, with a total area of 140,000 square miles. Worth County was included in the County of Fayette.

THE ORGANIC ACT

On January 15, 1851, Governor Stephen Hempstead approved an act of the Iowa Legislature creating fifty new counties out of the unorganized territory in the western portion of the state. None of the counties created by the act of 1851 was organized for some time afterward. Scattered over the vast territory was a solitary settler here and there, but in none of the counties was the population sufficient to justify a county organization. It was not until almost three years later that the first settler located in Worth County. Meanwhile the tide of immigration was pouring into Iowa and as early as January12, 1853, Governor Hempstead approved an act for the organization of counties, which act contained the following provisions :

"Whenever the citizens of any organized county desire to have the same organized, they may make application by petition in writing, signed by a majority of the legal voters of said county, to the county judge of the county to which such unorganized county is attached, whereupon the said county judge shall order an election from county officers in such unorganized county.

"A majority of the citizens of any county, after becoming so organized, may petition the district judge in whose judicial district the same is situated, during the vacation of the General Assembly, whose duty it shall be to appoint three commissioners from three different adjoining counties, who shall proceed to locate the county seat for such county, according to the provisions of this act," etc.

Prior to the time of its organization, the County of Worth was attached to Chickasaw, Floyd, Mitchell and Cerro Gordo counties, for electoral and judicial purposes. While a part of Mitchell County, the County of Worth was duly organized, according to law, under an order from Arad Hitchcock, county judge of Mitchell County. This instrument was dated September 1, 1857, four years after the first settlement in the countv.

By this same order Worth County was divided into two civil townships, namely: Bristol, comprising all the territory west of the center of range 21, and Northwood, that lying east of the same line. In addition to the above provisions, Frank Wiggins, Joseph S. Loveland and James Keeler were appointed as judges of election, and the house of Johnson and Turnure as the place of holding the election for the Township of Bristol; and Charles Wardall, David H. Phelps and H. Crandall as judges of election, and the store of B. H. Beckett as the polling place for Northwood Township. The election was authorized to take place at the time of the next general election on October 13th, when county and township officers were to be chosen. At the election 186 votes were polled, 112 for Bristol and 74 for Northwood Township.

FIRST OFFICERS

At the first election of Worth County, noted above, the following officers were chosen: Dr. James Keeler, county judge; Chauncey S. Lane, treasurer and recorder; Benjamin K. Walker, clerk of the District Court; Stanley H. Wadsworth, school fund commissioner; Amos Bentley, prosecuting attorney; Lorin D. Turnure, sheriff; Edward C. Cole, county surveyor; and W. C. Caswell, coroner. Alonzo Frink and Martin "Bentley were named as justices of the peace for Bristol Township and Charles Wardall and Warren Barbour for Northwood Township.

The office of county judge was created by an act of the General Assembly in 1857. It was proposed to make this the most important office in the county, as the judge, in connection with the County Court, consisting of himself, the prose­cuting attorney and the sheriff, transacted almost all the business now devolving upon the board of supervisors, auditor and clerk of the court.

A LEGAL MISTAKE

In the first organization proceedings and the first election there was a legal formality which threatened to render the whole transaction illegal. It became necessary for the State Legislature to pass a legalizing act before matters could be straightened. This was done and the copy of the certificate of passage, from the County Court record, follows:

"Whereas, At the election held in Worth County on the 13th day of October, 1857, at which time the said county was organized and James Keeler was elected county judge, Chauncey Lane recorder and treasurer, Benjamin K. Walker clerk of the District Court, Stanley Wadsworth school fund commissioner, Amos Bentley prosecuting attorney, Lorin Turnure sheriff, Edmund Cole county surveyor, Warren Caswell coroner; and

"Whereas, It was found that the county judge issued the order for this election in Worth County three days before the date of the governor's proclamation for an election in this State, from which a question has arisen in regard to the legality of the said election; now, therefore,

"Section 1. Be it enacted by the General Assembly of the State of Iowa, That the election holden in Worth County on the 13th day of October, 1857, shall be declared legal, and all acts and parts of acts transacted by the parties then elected, in their official capacity, shall have the same force and effect in law as they would have been if the order for said election had been issued three days later, or after the issue of the governor's proclamation.

"Section 2. This act shall be in force and take effect from and after its publication in the Hamilton Freeman and Cedar Falls Banner.

Approved March 23, 1858

.

"I hereby certify that the foregoing act was published in the Hamilton Freem an the 1st day of April, 1858, and in the Cedar Falls Banner on the 6th day of April, 1858.

Elijah Sells, "Secretary of State."

This completed the organization of Worth County and the various officers entered upon their respective duties May 1, 1858.

THE COUNTY COURT

The origin of the county court has been described in a preceding paragraph. In many counties of Iowa the county court became very unpopular, due principally to the fact that the county judge had too much power and often misused his right. The county court, subsequently, was doomed to failure at its inception. Until the year 1869 this body continued to transact business in the state civil divisions, although the power invested at first was gradually lessened. It was during the winter of 1859-60 that an act was passed by the General Assembly, which was approved by the governor, changing the mode of local government and creating the board of supervisors of the county. This board took charge of all the powers formerly vested .in the county court, excepting the issuance of marriage licenses, probate matters and civil cases. Thus, it will be seen, from the year 1860 until 1869 the duties of the county court Were largely nominal. However, in its relation to Worth County, there were many transactions of this court which were of historical interest.

The first entry upon the records of the county court was the appointment of Isaac Cummings as assessor on May 3, 1858.

The first county warrant issued was to Luse, Lane & Company, in payment for a set of books, stationery, etc., for the use of the county, for the sum of $597-75 and was dated August 30, 1858.

The first survey of the swamp lands was made during the summer of 1858, under the direction of the court, by J. A. Trumbull, surveyor; John Overholt and Thomas Lowthian, chainmen.

On October 4, 1858, the first tax levy was ordered by the county court. This was for state purposes in the amount of three mills on the dollar and for county purposes six mills on the dollar. A levy was also made in school district No. 1 of 10 per cent for the construction of a schoolhouse.

The first bounty was claimed November 7, 1858, when Alfred Burdick came before the court with a wolf scalp. A warrant was drawn in his favor.

Early in October, 1858, the county treasurer presented his report, which was as follows:

On December 10, 1860, the first warrant for the relief of the poor was issued to Charles Ruby, for the support of a pauper.

These above mentioned business matters, also the formation of townships and the building of the first courthouse, comprised about all the important business of the court, prior to the establishment of the board of supervisors. The men who served in the capacity of county judge were: James Keeler, 1857-61; David Wright, 1861-5; Enos Smith, 1865-6; J. U. Perry, 1866-9.

BOARD OF SUPERVISORS

The first board of county supervisors consisted of one member from each township. The first election for members was held in November, 1860, and the first meeting of the board was held at Bristol, at the office of the clerk of the district court, on January 7, 1861. The newly elected members were all present and took their oaths of office before B. K. Walker, then clerk of the district court, also clerk of the court. Reuben Wiggins was elected president of the board.

About the first business of the board was the payment of claims. The first county warrant issued was in favor of W. H. Russell, the township clerk of Hartland, and was for $15. The date of the warrant corresponds te that of the organization of the board. At this same session of the board the swamp land question was discussed, a question which was then occupying the attention of many of the counties of the state. The proposal of W. P. Hepburn was agreed to and a contract was entered into with him, by which he was to effect a settlement of the question and attend to the whole matter. For his service he was to receive $800.

At the October session of the board in 1861 a contract was let to H. V, Dwelle for the construction of a bridge across the Shell,Rock River at Northwood on road No. 2, the price for the completed bridge to be $578.79. These routine matters, together with the courthouse and county seat transactions which are discussed elsewhere, comprised most of the business of the board of supervisors during the first years.

The names of the Worth County citizens who have served upon the board of supervisors are as follows, also the date of their start as same:

Reuben Wiggins, John Morris, Lemuel Dwelle, Duncan McKerchner, Andrew Henryson, Warren Caswell, 1861; John Beadle, 1862; H. D. King, 1863; Elling Ellingsen, J. M. Molesberry, S. P. Cravath, William J. Clark, S. R. Butler, 1864; Solomon L. Evanway, Thomas J. Hunt, John D. Johnson, 1865; M. V. Bentley, 1866; S. K. Butler, Peter Crum and B. H. Beckett, 1867; T- K. Hundeby, 1868; C. C. Wratson, J. M. Pennell and E. S. Winans, 1869; H. H. Platts, Lars Larsen, 1870; at this juncture the General Assembly changed the formation of the board of supervisors from a member for each township to three members for the entire county; Lemuel Dwelle, John D. Johnson and Reuben Wiggins, 1871 ; Herbrand Olsen, 1872; William Rhodes, 1874; S. J. White, C. A. Knapp, 1876; Reuben Wiggins, 1877; A. C. Blackmore, 1879; Michael Kelley, 1880; A. C. Walker, 1880; Isaac M. Bolton, 1881; J. M. Mosher, 1882; Elling Nelson, C. F. Jewett, 1883; I. M. Bolton, 1884; C. F. Jewett, 1885; Elling Nelson, 1886; I. M. Bolton, 1887; F. Parker, 1888; H. O. Harmen, 1889; S. N. Stone, 1890; F. Parker, A. E. Landsrud, 1891; T. O. Torgeson, 1892; A. E. Landsrud, 1893; George Lilly, 1894; John Burgeson, 1895; N. J. Nelson, 1896; Gecrge Lilly, 1897; N. E. Knudson, 1898; T. L. Bolton, 1900; G. A. Rye, 1901; Ole E. Foss, 1902; T. L. Bolton, 1903; G. A. Rye. 1904; O. E. Foss, 1905; O. E. Foss, N. E. Knudson, T. L. Bolton, 1907; N. A. Asenhus, Nels Thorson, 1909; E. A. Lansrud, Nels Thorson, 1911; same in 1913; N. A. Ausenhus, Nels Thorson, 1915; E. A. Lansrud, Nels Thorson, 1917.

AUDITORS

The auditors who have served the citizens of Worth County have been: B. K. Walker, 1870-76; O. D. Eno, 1876-84; A. C. Blackmore, 1884-93; C. F. Merrill, 1893-7; J. E. Mitchell, 1897-1901; Iver Iverson, Jr., 1901-11; C. N. Urdahl, 1911-.

RECORDER AND TREASURER

Chauncey S. Lane, 1858-60; B. H. Beckett, 1860-62; J. U. Perry, 1862-64; D. McKercher, 1864-. Soon after the last named date this office was divided into two offices—that of treasurer and that of recorder.

RECORDERS

Duncan McKercher, 1865-75; S. O. Peterson, 1875-77; Ole Ouverson, 1877- 81; Dow Simonds, 1881-87; Ellen Stott, 1887-91; T. L. Bingham, 1891-99; N'. A. Ausenhus, 1899-1905; J. M. Slosson, 1905-11; S. O. Vold, 1911-.

TREASURERS

Duncan McKercher, 1866-74; H. V. Dwelle, 1874-6; S. O. Peterson, 1876-82; Knud Cleophas, 1882-88; G. N. Haugen, 1888-94; T. K. Hundeby, 1894-98; O. A. Tenold, 1898-1904; John J. Simmons, 1904-.

CLERKS

B. K. Walker, 1858-63; H. V. Dwelle, 1863-73; L. L. Carter, 1873-79; C. W. Clausen, 1879-84; E. G. Mellem, 1884-89; K. K. Sagen, 1889-95; David J. Hylle, 1895-99; W. L. Thomson, 1899-1905; H. K. Myli, 1905-11; W. L. Thomson, 1911-16; A. R. Thomson, 1916-.

ATTORNEYS

Amos Bentley, 1858-9; William P. Hepburn, 1859-62; Daniel D. Chase, 1862-65; John E. Burke, 1865-69; Irving W. Card, 1869-73; L. S. Butler, 1873-81; John B. Cleland, 1881-87; William Young, 1887-89; Ed Collin, 1889-95; J. R. Smith, 1895-97; Ivor Boe, 1897-1901; Ed Collin. 1901-03; M. H. Kepler, 1903-ii; E. M. Sabin, 1911-17; C. O. Gunderson, 1917-.

SHERIFFS

Lorin B. Turnure, 1858-62; A. L. Towne, 1862-63; Charles Wardall, 1863-64; William H. Perkins, 1864-66; A. L. Towne, 1866-68; William H. Perkins, 1868-70; T. K. Hundeby, 1870-74; George F. Wattson, 1874-80; E. E. Savre, 1880-86; H. B. Cornick, 1886-94; Frank Heiny, 1894-1900; G. A. Lee, 1900-1909; H. A. Gullickson-.

CORONERS

Warren Caswell, 1858-62; James Randall, 1862-3; Simon Rustad, 1863-4; Stephen R. Butler, 1864-66; S. P. Crayath, 1866-68; Simon Rustad, 1868-72; G. Olsen, 1872-74; O. D. Eno, 1874-76; G. Olsen, 1876-77; Stephen Gullickson, 1877-78; F. E. Kenaston, 1878-80; William F. Broughton, 1880-82; William Conger, 1882-88; L. L. Carter, 1888-94; A. J. Cole, 1894-95; John Wroton, 1895-96; C. W. Sanders, 1896-98; C. A. Hurd,

SURVEYORS

E. C. Cole, i858r6o; W. H. Prichard, 1860-62; Lemuel Dwelle, 1862-70; H. V. Dwelle, 1870-72; J. P. Jones, 1872-74; H. V. Dwelle, 1874-75; J. P. Jones, 1875-76; H. V. Dwelle, 1876-84; O. D. Eno, 1884-85; H. E, Bowman, 1885-90; H. V. Dwelle, 1890-1907; Frank Forbes, 1907-09; F. R. Lyford, 1909-10. The office of surveyor is now abolished and 'that of county engineer substituted. The present county engineers of Worth County are F. R. Lyford and J. H. Curtis.

SCHOOL SUPERINTENDENTS

J. W. Jackson, 1859-60; William H. Russell, 1860-61; Duncan McKercher, 1861-62; J. Randall, 1862-64; James Keeler, 1864-70; Franklin Parker, 1870-74; G. H. Whitcomb, 1874-77; C. A. Knapp, 1877-78; Walter Stott, 1878-79; G. H. Whitcomb, 1879-80; B. J. Booth, 1880-84; H. T. Toye, 1884-88; A. O. Bakken, 1888-92; H. A. Dwelle, 1892-94; S. B. Toye, 1894-1902; E. M. Mitchell, 1902-04; O. E. Gunderson, 1904-13; Bella Landsrud Sherven, 1913-.

LEGISLATIVE

Worth County has been a member of the forty-ninth, fifty-fourth, forty-sec ond, forty-fifth, forty-sixth, forty-seventh and forty-first senatorial districts at different times. The men who have represented Worth County, or its district, have been: J. H. Powers, 1856; J. G. Patterson, 1863; Thomas Hawley, 1867; E. A. Howland, 1871; Lemuel Dwelle, 1875; F. M. Goodykoontz, 1879; H. G. Parker, 1881; J. H. Sweney, 1887; J. F. Clyde, 1889; C. F. Jewett, 1891; G. S. Gilbertson, 1895; James A. Smith, 1889; L. W. Boe, 1912; and Thomas A. Kingland, 1916. The dates given are those of election.

In representative districts Worth County has been a member of the forty- ninth, fifty-fourth, fifty-seventh, fifty-eighth, fifty-ninth, sixty-fifth, sixty-sixth, sixty-ninth, seventy-seventh, eighty-sixth, ninety-third, ninety-first and ninety-fourth. The representatives in the lower house from the district of Worth County or the county itself have been: E. G. Bowdoin, 1856; C. D. Pritchard, 1863; Lemuel Dwelle, 1865; Charles W. Tenny, 1867; B. F. Hartshorn, 1869; David Secor, 1871; H. H. Bush, 1875; A. C. Walker, 1877; J. M. Hull, 1879; J. E. Anderson, 1881; Simon Rustad, 1885; J. M. Slosson, 1887; C. F. Jewett, 1889; James Ellickson, 1891; G. N. Haugen, 1893; W. O. Hanson, 1897; Paul O. Koto, 1899; Eugene Secor, 1901; Herbrand H. Olson, 1903; A. C. Blackmore, 1906; Edwin Collin, 1910; T. C. Rone, 1912; J. M. Slosson, 1916.
COUNTY SEAT AND COURTHOUSE

The first county seat of the County of Worth was located at the Village of Bristol. Upon the records of the old County Court, under date of May 7, 1858, appears the following: "The commissioners appointed by the District Court of the Tenth Judicial District to locate the county seat of Worth County presented their report, locating the seat of justice at Bristol, in said county. It is therefore ordered that said report be accepted and such place be considered the county seat."

There were only about seven hundred people in the county in the following year, but the desire for a courthouse was strong and not until the various difficulties of such an undertaking became apparent did the people relinquish their hopes. Upon the County Court record for December 31, 1859, appear a few paragraphs which illustrate this point:
"State of Iowa,
"Worth County.

"Be it remembered that on the 26th day of December, 1859, Alfred Burdick filed in the office of the county judge of the aforesaid county his proposal, with specifications, for building a courthouse for said county; and having duly considered said proposal and the plan and specifications presented for said courthouse, and having approved said plan and specifications and are satisfied that the interests of said county would be promoted by the erection of said courthouse, and being fully satisfied that the sum of $20,000, for which Burdick proposed to complete said courthouse was the lowest sum for which said building can be completed, it is ordered and adjudged that said proposal be accepted and that said Burdick be required to enter into bonds in the penal sum of thirty thousand dollars ($30,000) for the faithful performance of said contract by the first "of January; 1862, and that upon the filing of said bond and executing a written contract for the performance of said work (both to be approved by the county judge), it is ordered that the warrants of the county be issued to said Burdick, or his order, to the full amount of the contract price, in full payment of said contract.

"With this provision, attached to the issue of said warrants, that if, on or before the 31st day of January, 1880, said Burdick surrender fifteen thousand dollars ($15,000) of said warrants, the said Burdick shall receive, in place thereof, county coupon bonds of the same date and drawing 6 per cent interest. Said bonds to consist of five classes, of $3,000 each class, payable, respectively, in four, five, six, seven and eight years from date.

"And be it further remembered, that after making the order aforesaid, the said Burdick did forthwith file his said bond and the contract was entered into and both were approved by me.

"Witness my hand.

J. Keeler,"County Judge."

The County Court evidently in dreams of great dimensions found its inspir ation for this undertaking. A $20,000 courthouse one year after the organization of the county formed a pleasant thought, and the arrangements were made with childish disregard of the magnitude of the responsibility. Had this building been erected it would truly have been a palace in the wilderness. However, it is recorded upon the same day as the above quoted agreement that county warrants numbering from 368 to 587 were issued to Alfred Burdick, amounting to the sum of $20,000, and under date of January 31, 1860, it is recorded that Burdick appeared and surrendered $15,000 worth of .county warrants and received in return the 6 per cent bonds of the county. These, by the way, were the first bonds issued by the county and were numbered from one to eighty. However, the courthouse was never built; the contract was annulled and the bonds were returned by Burdick; but the county had to pay Burdick about three hundred and eighty-nine dollars and sixty-three cents as interest and damage money. Such constituted the first, and rather immature, efforts of the pioneer court to build a house of justice. The question of a courthouse was never again discussed by the County Court.

In March, 1861, the board of supervisors was presented with a petition, signed by Gulbrand Olsen and others, praying for the relocation of the county seat at the Village of Northwood. The motion was made that the petition be granted and that the whole question be submitted to a general vote of the electors. On the call for ayes and noes, however, the motion was lost and the petition tabled.

Not until the January session of the year 1862 did the county seat question again appear. A new board then became active and one of the first items of business, after the usual formalities had been dispensed with, was the presentation of a petition by Lemuel Dwelle, member of the board, which was signed by Iver G. Dahl and others, for a vote at the next general election on the question of relocating the county seat on the east half of block No. 79, within the village plat of Northwood. Gulbrand O. Mellem gave oath that the petitioners were legal voters of Worth County, and accordingly it was moved that the prayer of the petitioners be granted. Mr. Dwelle read the petition and the signatures of ninety-four voters attached. A lengthy discussion followed, terminated by the motion of Mr. John Beadle that it be made the special order for the following day. At the appointed time the matter was again taken up and the vote called for resulted: Ayes, Lemuel Dwelle and Duncan McKercher; noes, John Beadle, Warren Caswell and Reuben Wiggins. So the petition was dismissed, but not before Mr. Dwelle promised to present another of the same purport. On January 9th he did so, but, like its predecessor, it suffered defeat by one vote.

At the March session of 1862 the county seat relocation again was discussed. G. O. Mellem again presented a petition for an election to decide the issue, but after some "filibustering" of riotous character, the subject was postponed until the September session of the board. The September meeting also failed to produce successful results for the Northwood supporters; in fact, at almost every meeting thereafter some discussion arose over the county seat, and as often the Northwood advocates failed to carry the day.

The strife reached a climax in 1863, at the time when the Civil war was the main concern of the people. However, the tensity of the war situation did not lessen one iota the feeling over the location of the county seat. When the board met for the June session of this year there was a general feeling that the question would be decided here and then. Hostilities began by the reading of a petition by G. O. Mellem, which had become customary, and 114 others, praying that the proposition to relocate the county seat at the Village of Northwood be submitted to the legal voters of the county at the next general election. It appeared "upon the affidavits of B. H. Beckett and Gulbrand Olsen Mellem, that the signatures of those whose names were upon the petition were genuine, and those signing the same are legal voters and citizens of Worth County, and it appeared still further that Gulbrand O. Mellem makes affidavit to the fact that he has examined the census returns of Worth County, taken in 1863, under the state law, and that, as he verily believes, the number of legal voters, as shown by said census returns, is 169, and that this petition shows, therefore, thirty-one petitioners more than one-half of the legal voters of said county."

An adjournment was taken until the next day and then the question was brought to a vote, resulting three to two in favor of submitting the matter to the voters of the county at the next general election.

In October, at the election designated, the vote stood 115 to 40 in favor of removing the county seat to Northwood. The supervisors during the same month ordered the county offices removed and appointed Messrs. Dwelle and McKercher to secure suitable quarters for the same.

At the January session of the board in 1864 J. M. Molesberry offered the following resolution:

"Whereas, It is made the duty of the county board of supervisors of every organized county, by law, to provide suitable rooms or buildings for the conv enience of the county officers of the county;

"Therefore, This board decides that it will build one, not to cost more than one thousand dollars."

The board advertised for sealed bids for a building 22 by 30 feet and two stories high. The contract for the erection of the building was let, at the February session, to S. D. Wadsworth, who was to have it completed by October 20, 1864. However, Wadsworth did not perform his work according to his contract and was compelled to relinquish the work to Lemuel Dwelle, to whom a contract was let on September 5th. Wadsworth paid damages to the county for his failure.

In January, 1876, L. and A. J. Dwelle made a proposition to build a front addition to the courthouse, of brick, 24 by 40 feet, with two stories and a basement, including a fireproof vault, for $2,750. This proposal was rejected by the board. At the June session a contract was let to the firm of Hunter & Robertson to build a fireproof vault in the rear of the old courthouse.

On April 7, 1879, a petition was received by the board, asking for a relocation of the county seat. The record of the loth of the same month states:

"This day appeared King and Wilbur, attorneys, and present the petition of Charles Locke and others, praying that the board order that the question of the removal of the county seat from Northwood to Kensett be submitted to a vote of the legal voters of Worth County at the next general election, to be held on the second Tuesday in October next. The same parties offered in evidence, that the last official vote of Worth County, as shown by the census of 1875. was 763 votes. On the face of the said petition it was found, by count, to contain 784 signatures.

"Ed Collin, attorney, then appeared and presented a remonstrance to the aforesaid petition, which, upon count, was found to contain upon its face 685 signatures, and it was found that sixty-nine names were found upon both papers."

After some discussion and a delay of several days, the board decided to submit the question to the voters at the October election. This was done, with the result in favor of Northwood, by 709 votes to 644.

After the location of the county seat had been definitely settled, Lemuel Dwelle deeded to Worth County the east quarter of block 79, in the Village of Northwood, on the condition that the land should be used for courthouse purposes. The citizens of Northwood also raised $5,000 by subscription as a courthouse fund. All details were arranged and the contract for the courthouse was let to Simon Larsen for $4,594, which sum was augmented before the work was completed, owing to changes in the building plans. A. D. Robertson, Lemuel Dwelle and B. H. Beckett were appointed as a committee to superintend the building of the structure. This ended the county seat contest for the time being, but in 1892 the strife between Kensett and Northwood was again opened. Both Kensett and Northwood raised sums of money for the projected courthouse and much bitterness was shown. Again Kensett's plans were awry and Northwood became the proud possessor of a new courthouse, described in following paragraphs. The board ordered an election for May 9, 1893, on this proposition:

"Shall the board of supervisors of Worth County be authorized to build a new courthouse, including suitable vaults, on block 63, in Northwood, at a cost of $9,000, provided the present courthouse property in said county can be sold for $7,000, and provided further that all of said block 63 can be had with full and perfect title without expense to said county?"

The matter brought many arguments, debates and journalistic efforts from both sides. Charges were made by the citizens who did not favor the proposition and were answered by those desiring the improvement, but when it came to a vote at the specified time, the result was 902 to 644 in favor of building a new seat of justice. At the meeting of May11, 1893, a contract was made with the Northwood High School Association, whereby the latter was to take over the old courthouse property for $7,000. H. R. P. Hamilton of St. Paul drew the successful plans for the new building and the contract was awarded to J. L. Rood, also of St. Paul, for $8,100. The building was completed according to the plans laid and formally dedicated for use on December 23, 1893.

In March, 1902, the old question was again revived, when the people of Kensett presented a petition with 1,623 names to the board of supervisors, asking that an election be held upon the question of changing the county seat to Kensett. The people of Northwood immediately got busy and on May 23d following filed a remonstrance with 1,532 names attached. On June 3d the remonstrants filed objections to 370 names on the Kensett petition, for the reason that they were also on the remonstrance. On the same day the petitioners filed objections to 175 names on the remonstrance on the ground that that number of signers had made affidavits requesting that their names be withdrawn; and the affidavits showing the facts as stated were filed. On the same date the petitioners filed objections to 850 names on the remonstrance for the reason that they were signed before the petition was filed. All of this litigation resulted in confusion. The upshot of the matter was that the board of supervisors, by a vote of two to one, voted to put the county seat question before the voters at the next general election. Then the Northwood people took the matter to the District Court, which tribunal decided in favor of the northern town. The board of supervisors finally took an appeal to the state Supreme Court, with the result that the lower court's decision was sustained on the ground that a citizen could change his mind once, but could not alter his opinion an indefinite number of times.

POPULATION

Of interest to the reader of this work is the table showing the population of the county since the time of its first settlement. This list follows:

  • Year ........................................ Population
  • 1860 ............................................. 756
  • 1863 ............................................. 895
  • 1865 ............................................ 1,143
  • 1867 ............................................ 1,543
  • 1870 ............................................ 2,899
  • 1875 ............................................ 4,908
  • 1880 ............................................ 7,953
  • 1885 ............................................ 8,257
  • 1890 ............................................ 9,247
  • 1895 ............................................ 10,285
  • 1900 ............................................ 10,887
  • 1905 ............................................ 10,635
  • 1910 ............................................ 9,950
  • 1915 ............................................ 11,188
INCORPORATED TOWNS
Town 1885 1890 1895 1900 1905 1910 1915
Northwood 791 859 1,133 1,271 1,373 1,264 1,525
Manly . . . 359 327 346 982
Kensett . . 390 459 435 360 430
Grafton . . . 156 161 183 199
Hanlontown . . . . 158 129 186
Fertile . . . . . 207 232
Joice . . . . . . 172

Source: History of Mitchell and Worth Counties, Iowa, Vol. I, 1918, pages 321-333.

Transcription by Gordon Felland, 12/28/2008