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CHAPTER VIII.

COUNTY SEATS AND COUNTY SEAT CONTESTS. (CONT'D)

From History of Audubon Co., Iowa (1915)
by H. F. Andrews

During the last twenty-four hours of the contest all parties were on the alert. The writer was directing the work of the remonstrators, with headquarters at the Houston house. Messengers of both parties were running all night in all directions, seeking the very latest signatures to the printed slips, before mentioned. Royal Lespenasse, the editor of the Sentinel, was doing yeoman service on that duty for Exira, and Newt Donnel was similarly employed for the Hamlin faction. The next day, September 5, 1872, the hearing for decision came on before the supervisors. John M. Griggs was my law partner at the time, but declined to assist the Exira people and professed to stand neutral. I believed that he secretly favored Mr. Scott and the Hamlin faction. He took no active part in the controversy. The board of supervisors were John W. Dodge, William H. H. Bowden and John Noon.

When the petition and remonstrance had been canvassed it was found that the petitioners exceeded the names on the remonstrance, and that the signers of the petition were a majority of the voters in the county. It appeared that the Exira people were in danger of defeat. Mr. Scott assumed a triumphant attitude and attempted to inform the supervisors how they should proceed, as if his case was won. I was absolutely alone, without any one competent to advise me, a young man and quite a new lawyer. What I didn't know would have made a big book. So I determined to fight to the end of the road and to the last ditch, as we had been in habit of doing in the army. I objected that the supervisors should not submit the question of the removal of the county seat from Exira to the town of Hamlin to an election, for the reason that it did not affirmatively appear that there was any such place as the town of Hamlin in Audubon county, which was true, and I so argued. The town plat of Hamlin had not then been executed or recorded, so far as the records showed; and I also claimed that it was uncertain that the plat would be made and recorded. Mr. Scott asserted that the town was surveyed and laid out on the ground, and insisted that it was sufficient. He was surprised and taken off his guard. I feared that would proceed to record the plat, nunc pro tunc, or that he would offer to do so. But he did not, and the case was submitted to the supervisors for their decision. They refused to grant the prayer of the petition, Messrs. Dodge and Bowen voting not to submit the proposition of removal to an election, and Mr. Noon voting for the submission. The decision was a glorious triumph for Exira, for the time being. The manner of its accomplishment was a surprise to everyone, except myself. I had not dared to announce my plan of procedure to anyone before the hearing, for fear Mr. Scott would take warning and attempt to cure the defect.

In 1873 the fight continued with renewed vigor. The plat of the town of Hamlin was executed and recorded in April, 1873, and another petition was presented to the supervisors asking for an order to submit the question to an election whether the county seat should be changed from Exira to Hamlin. The proper order was made for such election and another active county-seat fight campaign ensued. By this time it was the general desire that the question should be settled. From an estimate of the number of voters in the county, it then appeared that a majority of them resided south of the correction line and Exira people went into the contest anticipating success. A better feeling existed between the people of Exira township, although some of the people of Oakfield and Troublesome were still hostile to Exira. During the campaign a bond was given by Exira parties, of which the following is a copy, with the action of the supervisors thereon:

"Auditor's office, Audubon county, Iowa.

"September 1, 1873. Board of supervisors met according to law, members all present. John Noon in the chair.

"On motion, the following bond was ordered placed on record and printed as a part of the proceedings of the board:

"Know all men by these presents, that we, Charles Van Gorder, A. B. Houston, J. D. Bush, J. A. Hallock, P. I. Whitted and A. Campbell, are held and firmly bound unto the county of Audubon and state of Iowa in the penal sum of five thousand dollars, well to be made out of the goods and chattels, lands and tenements.

"Dated at Exira, Audubon countv, Iowa, this ist day of September, 1873.

"To be void upon the following conditions: Whereas, the honorable board of supervisors of Audubon county, Iowa, did, at the June meeting in 1873, order an election to be held in said county, on the day of the general election in 1873, to determine the voice of the people for and against the removal of the county seat from Exira to the town of Hamlin.

And whereas, the citizens of Exira being opposed to the removal of the county seat, and therefore offer and bind themselves unto the county of Audubon, and state of Iowa, to furnish to said county, free of expense, a good and sulxstantial building for the use of the county offices of the county, a room for the holding of the district and circuit courts of the county, and the meeting of the board of supervisors, so long as they may be occupied by the county as pubHc offices, upon the condition that the said county seat remain at Exira, as now located. And in case the said county seat remain at Exira, and the said bonded parties or their representatives build or furnish said offices for the use of the county, and also furnish court room and a place for holding the meetings of the board of supervisors in accordance with the stipulations of this bond, then these presents shall be void, but on the failure to comply with the conditions of this bond on the vote of the people refusing to relocate the county seat, then this obligation be and remain in full force in law, said bonded parties to have a reasonable time after the general election in which to build said offices, and the time to be determined by the board of supervisors on their acceptance of this bond.

"In witness whereof, we have hereunto set our hands the day and date first above written.

"CHARLES VAN GORDER,
"JOHN D. BUSH,
"P. I. WHITTED,
"A. B. HOUSTON,
"J. A. HALLOCK,
"A. CAMPBELL."

"The above bond is hereby accepted and ordered placed on record and the time for the erection of said building is hereby limited to the first day of June, 1874.

"John Noon,
"Chairman Board of Supervisors."

The giving and acceptance of this bond undoubtedly controlled many in favor of Exira. The times were then hard and ready money was difficult to obtain. Prices of farm products were then low in comparison with the prices of store goods, building materials, fence wire, hardware, farm machinery, etc. Many people, and especially new settlers, found it difficult to make a living and many were in debt for their lands and farming outfits. Taxes were burdensome even as low as they were at that period. There but one newspaper, the Sentinel, conducted by Royal Lespenasse, and located at Exira. It stood for the interests of Exira, so there was no newspaper fight at that time.

When the election was held the proposition to change the county seat was defeated by a handsome majority, greatly to the disappointment of the Hamlin faction. The contest caused bitterness and many old grudges were harbored and laid up on account of it, which have never subsided. It flamed up again in the county-seat fight of 1879, between Audubon and Exira, with wicked hatred and fury on all sides and between all factions. Politics, while partially observed on the national and state tickets, were entirely lost sight of in the selection of county and local officers for years from and after 1872. It is not difficult to believe that periodical eruptions of the disease have since occurred.

It was discovered that my partner, Mr. Griggs, stood wnth the Hamlin faction. We had been happily and prosperously associated together in the law and real estate business for four years; but the county-seat fight wrecked the partnership and it was severed. But we have long since forgiven each other.

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Transcribed by Cheryl Siebrass, July 2022, from History of Audubon Co., Iowa (1915), by H. F. Andrews, page 146-149.