CHAPTER XVIII _____________ COUNTY COURT HOUSES, PAST AND PRESENT.
The present Montgomery County Court House is a handsome and commodious building of fire proof construction, built of Missouri limestone, red pressed brick and terra cotta. The roof is slate, while all frame work and supporting beams are of steel. The building is thus a safe and permanent depository for county property and records. The members of the county board at the time this important work was inaugurated were Messrs. C. L. Stratton, J. F. Moates and M. F. Dilly. Fortunately, the work was in safe hands and from start to finish, the county's interests were carefully guarded; nor was there ever the slightest breath of scandal connected with the building. The work was not without serious hindrances and difficulties. The original contract was with Richards & Co., an Omaha firm, for the round sum of $69,000—less money by far than the actual cost of the work, as was afterwards demonstrated. The contractors failed before the completion of the building, thus throwing the completion of the work on the county board and entailing long and expensive litigation later on. The contractors left a large number of unpaid bills, chiefly for steel and terra cotta used in building, and the firms furnishing these materials sued the county for the amount owed by Richards & Co. Not to enter into the details of the matter, we may record that the supreme court decided that the county could not be held liable and many thousands of dollars worth of materials in the building may be said to have been supplied free. Considering this and the furnishing of the offices, the improvement of the real estate and other items, the actual cost value of the splendid building as it stands, Page 154 is well worth beyond one hundred thousand dollars. Despite the bitter fight made at the special election against the building, it is safe to say that what at first was regarded by some of our citizens as an extravagant and unnecessary expenditure of public money is now considered by all a public necessity, and that few if any people of the county would dispense with our fine court house to put the money back into the county treasury. The question of erecting a suitable court house had engaged public attention several times previously. In 1883, the proposition to build a fifty thousand dollar court house was submitted to the electors, but was overwhelmingly defeated, there being only 285 votes in its favor. While the county seat was at Frankfort, a vote was taken upon the proportion to build a court house there. It was at a time when the attention of the electors was directed toward another location. Red Oak Junction having become a hamlet of several houses, the people were full of faith that it would be the principal town in the county, being located near a stream of considerable size and on the line of the projected railroad. Frankfort was within one mile of the center of the county, but without either of the other advantages, and when the vote was taken, Red Oak had 115 votes and Frankfort 109. It was a close shave, but Red Oak had won by 6. Red Oak did not get the court house for some time afterward. The minutes of the October, 1863, session, held a few days after the vote was taken, show that the county board started to canvass the vote and stopped with one township, that one Red Oak, the vote of which Red Oak 46, Frankfort 1. On the second day of the session, I. F. Hendrie moved that Red Oak be declared the county seat, an I. N. Applegate seconded the motion, but the chairman ruled the motion out of order. No other record appears until June 6, 1864, when G. A. Gordon, Clerk of Red Oak township, presented an amended return of Page 155 that township's vote as required by a writ of mandamus from the district court. Mention is made of a similar writ requiring the county board to canvass the vote. Action was postponed till the next day, then till afternoon, then till the next day, but finally on June 8, 1864, eight months after the election, the vote was canvassed and the figures announced as noted. It was ordered that the records be moved by June, 1865, and the court house by January, 1866, the citizens of Red Oak, as per agreement, to bear the expense of moving. The June session of the county board was held in what was then the Masonic hall in Red Oak, and the courthouse was moved in December of that year. The old courthouse building which was moved from Frankfort is now one of the buildings fronting south in the Stover Feed Yard. One condition in the proposition for change of county seat location was that the citizens of Red Oak should bear the expense of moving the courthouse if the proposition carried. The storm created by this project was as a calm spring morning compared with the blizzard encountered by Wayne Stennett and his party when transferring that building from Frankfort to Red Oak. It took thirty yoke of oxen to draw the huge sleds upon which the building was placed. They moved slowly northward from Frankfort around the dividing ridge between the waters of the little streams flowing into Red Oak Creek and those flowing into the Nishnabotna River. When one-half of the route had been covered, the darkening clouds and the intense cold, coupled with the fact that the movers were off their course and going down a decline, compelled them to unhitch and abandon their charge. Not one of the party could definitely locate the Montgomery County Court House, and during the continuance of the storm, there was not a man in the county who could do so. It was lost on the prairie. It was afterward brought around by the old McLean homestead, two miles northeast of Red Oak, and thence to the county seat, intersecting with Railroad St. (now Page 156 Washington Ave.) and from there to the northwest corner of the public square. This building was 36 x 18 and of two stories. Its original cost as compared with the present structure is as one to one hundred. In other words, were the cost of our courthouse to be invested in buildings the value of the first one, and these buildings placed together without space between them, the would extend from the Methodist Church to the C. B. & Q. depot; or, standing a distance of twenty-five rods apart, they would reach from Frankfort to Red Oak. The pioneer building was used for courthouse purposes for several years, it being supplemented by renting other rooms. In 1871, the county levied a tax of one mill for building and furnishing a court house, and kept it up for three years. The fund thus accumulated was finally transferred to other funds, mostly to the bridge fund. In June 1876, the county leased from Malnburg & Gassner the second story of their store room on the north side of the public square for the term of five years, at a rental of five hundred dollars a year. In April 1881, a similar contract was made with A. McConnell and H. Sweger for the second story of their building on Reed St., running for the same length of time, at a yearly rental of eight hundred and fifty dollars per year. Two years later, a proposition to build a fifty thousand dollar structure was defeated as before stated. Not until a proposition was submitted to the voters to build a first-class court house that would be a credit to the county, did the people take kindly to it, and, though there was strong opposition, it carried by a small, though safe majority. The laying of the corner stone of the new court house, July 4, 1890, was an occasion long to be remembered. Governor Horace Boies, Judge Granger of the Supreme Court and other notable persons from abroad were in attendance. The officers of the Grand Lodge of Free and Accepted Masons, assisted by HOn. Smith McPherson, with plumb, square and level, pronounced it properly placed. It was then sprinkled with corn, Page 157 wine and oil, symbolizing nourishment, refreshment and joy. Appropriate exercises, including prayer and addresses, were held. The occasion was a notable one and drew large numbers of people from all directions, and a conservative estimate would place the number of visitors as not fewer than ten thousand. When, upon completion of the building, the people assembled to assist in its formal opening or dedication, Judge Horace E. Deemer presided. Rev. E. C. Moulton offered and invocation, which was followed by speeches by parties selected for that purpose from home and abroad. THe visiting lawyers were entertained by the Montgomery County Bar at a banquet at the Hotel Johnson. Hon. Smith McPherson, as toastmaster, in a short speech of cordial welcome, introduced C. S. Keenan of Shenandoah, who in a happy manner responded to "The Lawyer in Politics." L. T. Genung of Mills County followed in response to "Professional Jurors," while Frank Shinn of Carson, Iowa, told about "Our Clients." "The Enforcement of the Criminal Law" was responded to b Chas. Harl of Council Bluffs. A number of letters of regret were also received from judges, lawyers and others who had been invited but were unable to be present. A few of these deserve inclusion in this book, especially because of their bearing upon the earlier history of the county. Judge Carson, formerly of the District Court, wrote: "I congratulate you and all of you upon your entry into the temple erected to the Goddess of Justice, and to be dedicated to her just balances; and, in the language of Hooker, 'Of law no less can be acknowledged than that her seat is in the bosom of God, her language the voice of the world; all things in heaven and on earth doing her homage, the very least feeling her care, and the greatest not exempt from her frown.' The Montgomery County Bar have always been esteemed for their uniforn[m] kindness and courtesy during my term of service with them, and I regret that business matters prevent my presence at your festivities." Page 158 JUdge james G. Day responded to the invitation as follows: "Nothing would afford me more real pleasure than to be with you upon that occasion, and meet my old friends of Montgomery county, of whom, notwithstanding the flight of nearly thirty years, I am satisfied many yet remain. Business engagements for next week, of an urgent and important nature, force me reluctantly to deny myself the pleasure of accepting your invitation. The changes which time has wrought since I assumed the office of judge of your district are more wonderful than ever were attributed to the wand of a magician. Then, there was not a mile of railroad in the district, and, as I now remember, not a house between Frankfort and Red Oak." Allen Beeson, one of the old time members of the bar, wrote from Plattsmouth, Neb.: "I know of nothing that would give me so much pleasure as to be present on that occasion to renew old friendships and form new ones. The thought of it puts me in a reminiscent mood and brings up fresh in my mind the hardships and privations, as well as the pleasures of pioneer days, when we had only about three days of court per year in school houses. ONe time I now call to mind, there were sixteen cases on the docket and seventeen lawyers present. Of course, the lawyers were nearly all non-residents, who followed the court around the district seeking business. In looking back at those early days, many pleasant memories come up and I know of nothing that would give me greater pleasure than to be with you on that occasion and rejoice with you over the magnificent structure which will stand as a monument to the intelligence and thrift of the good people of Montgomery County." The first Judge of the District Court was Bradford. He was appointed to that position by Gov. James W. Grimes in 1855. He was a good natured man, fat and jolly, and took an optimistic view of the situation in the district over which he presided. He was full of "wise saws and modern instances," was a good lawyer and well suited to his judicial position. He Page 159 never held court in Montgomery County, although his jurisdiction extended over the territory of that county. The nearest court was held at Quincy, in Adams Co. His immediate successor was E. H. Sears of Sidney, Iowa, who was a conspicuous judge—a Calvinist in religion and a terror to evil doers. Then came James E. Day, a gentleman of the old school and abreast of the times. Judge Day was very popular with the people and served on the bench twelve years, holding his last term in Frankfort in 1870. Afterward he became Chief Justice of the Iowa Supreme Court. The first term of the District Court held in the county convened at Frankfort on the 17th day of November, 1856, E. H. Sears presiding. The place was the residence of Dr. Amasa bond, who was clerk at the time. There was but little business to transact, though all of the officers of the court, together with the jury were in attendance. The first clerk of the court was S. C. Dunn, an old and respected citizen now living in Villisca. His immediate successors were Dr. Amasa Bond, Dr. E. Adair, D. C. Powell and W. W. Merritt. The accommodations of that court were meager in the extreme. The people lacked the conveniences and accessories of modern life. A small room in a log house with only a table and a few chairs constituted the furniture of the first court room. The table, upon which the court records and papers were kept, was also used as a dining table for the family; the records being removed to make room for the plates, and vice versa. After the jury had heard the evidence of the litagants [litigants] and the charge of the court, they were ordered out upon the prairie to deliberate upon their verdict. The next session of court was held in the Frankfort schoolhouse. Here pupils received instruction, the preacher warmed the hearts of the people, and the judge administered justice. The first district attorney was the inimitable R. B. Parrott, warm hearted and impetuous; a gifted man who was always Page 160 equal to the occasion. Then came C. E. Millard, followed by Lafayette McPherson, a dignified gentleman and an able lawyer, who took the office in 1871, and served until his death, which occurred the following December. The next district attorney was Col. D. B. Daily of Council Bluffs. His successor was William McLaughlin of Mt. Ayr, who was followed by Smith McPherson, who later resigned to accept the office of Attorney General. A. G. Lowe is entitled to the distinction of being the first County Judge. He was a typical Kentucky gentleman, a man of many amiable qualities and generous to a fault. His successor was James R. Horton, an early settler, from Highland County,. Ohio. He was a member of the society of "Friends" or Quakers, and discharged his trust with ability and fidelity. W. G. Ewing was County Judge until the State Legislature changed the system of county government by an act which took effect July 4, 1866. Sheriffs of the early days served in the following order: L. C. Cook, deceased; Chas. Bolt, now a resident of Red Oak; John Shafer, deceased, and H. G. McMullen, now a resident of Chadron, Neb. While the procedure of the courts of the pioneer days was rough and lacking in the finish of our modern courts, their decisions were usually in accordance with justice, meeting the approval and reflecting the sentiment of the community. The salaries were small and often unpaid, so that invariably the "office sought the man," thus minimizing the temptations to "graft"—an argument in favor of the divorce of matters pertaining to our courts from politics.
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