CHAPTER XV
PROCEEDINGS OF BOARD OF SUPERVISORS, PARTIALLY
GIVEN,
INCLUDING ALL MATTERS OF IMPORTANCE
The
first session of the Board, and the session
of the first Board, was held January 1, 1891.
[1871?]
The Board was called
to order by County Auditor, and there were
present as members J. H. Winspear and
H. R. Fenton. J. H. Winspear
was elected Chairman. Eldredge Morrison
qualified as Clerk of Holman Township, A.
M. Culver as Treasurer of the County,
H. L. Clapsaddle as Justice of the
Peace for Holman Township, Geo. W. Ketcham
as Clerk of Horton Township, O. Dunton
as Justice of the Peace for Horton Township,
Frank Stiles as Justice for Holman
Township, and Delily Stiles took the
oath of office as County Superintendent of
Schools. The Board then adjourned to the next
day, and met with the same members present.
It was voted to
give orders to the Perkins Bros. of
Sioux City, for books and stationery required
for County purposes. C. M. Brooks qualified
as Clerk of the District Court, M. J. Campbell
as County Surveyor, and Geo. Spaulding
appeared and took the oath of office as County
Supervisor. Benjamin F. Cox qualified
as Clerk of Goewey Township, and the Board
then adjourned to January 3, the next day.
The Board met as
per adjournment, at which meeting the above
members were present, with the addition of
Geo. Spaulding. L. L. Webb qualified
as Constable for Holman Township, and D.
F. Curtiss as Justice in Goewey Township.
The following appointments were then made:
______ Garvin, Coroner of the County;
Frank Stiles, Sheriff; and William
Jepson, Justice for Goewey Township. A
large number of petitions asking that County
roads be laid out were presented and allowed,
and the Board adjourned to the next day, January
4.
At this adjourned
meeting January 4, it was ordered that the
County Surveyor select ten sections of land
that may be marked as swamp lands on the district
land office plat, or as near ten section as
he could. It was voted that Sibley be the
county seat. Frank Stiles then qualified
as Sheriff, John
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Beaumont as Drainage
Commissioner. Forty-five dollars was appropriated
for paupers to be divided among the three
townships. It was then voted to call a special
election to vote on court house bonds to the
amount of five thousand dollars; also to vote
as to whether stock shall be prevented from
running at large.
John F. Glover
asked that the County Auditor be authorized
to accept the bond of D. L. McCausland as
County Recorder, which he was, provided the
bond was presented by January 10, 1872. It
was also voted to call for bids for a house
14x20 feet, to be used by county officers.
Provision was then made for desks and fuel.
Salaries were fixed
as follows:
| Treasurer for the year |
$1,000
|
| Auditor |
840
|
| Recorder |
500
|
| The following accounts
were then allowed: |
|
| Geo. Spaulding, supervisor and
mileage |
$ 21.76
|
| H. R. Fenton, (supervisor and
mileage) |
17.44
|
| J. H. Winspear, (supervisor and
mileage |
16.00
|
| F. M. Robinson, services to Sioux
City |
60.00
|
| H. R. Fenton, (services to Sioux
City) |
60.00
|
| William Hecker, maps of county |
350.00
|
| Frank Stiles, township trustee |
2.00
|
| John Beaumont, (township trustee) |
2.00
|
| H. K. Rogers, use of building |
8.00
|
The
Board then adjourned to meet February 12,
1872.
The Board met as
per adjournment February 12, 1872, and the
election in the mean time having been held
to vote on the court house bonds and on stock
running at large, the vote was canvassed and
resulted as follows:
| For court house bonds |
9
|
| Against court house bonds |
52
|
| For the act of restraining stock |
61
|
| Against the act of restraining stock |
1
|
The
Board then recognized D. L. McCausland
as Recorder and approved his bond, and also
approved the appointment of John F. Glover
as Deputy Recorder. The Board then adjourned
to meet the next day, February 13.
At this, February
13, meeting Perkins Bros. were allowed
$300 on their bill for books. One dollar was
allowed on the scalp of each fox in addition
to the state allowance, and the salary of
C. M. Brooks, Clerk of Court, was fixed
at $50 per
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month. It was also voted to
advertise in the LeMars Vidette for bids for
the erection of a court house to be 20x40
feet and paid for in county warrants. The
Board then adjourned to meet next day, February
15.
The Board met as per
adjournment, February 15, 1872. Their first
act was to authorize the County Auditor to
take legal measures to take the books of the
County Recorder's office from John Beaumont
and turn them over to D. L. McCausland.
There was then allowed various bills for the
support of paupers, county seals, Supervisors'
services, and other things aggregating $342.36,
and after this the Board adjourned without
day.
The next meeting of the
Board was April 1, 1872, and at this meeting
the reports of road commissioners were acted
upon and several roads established and designated.
John Beaumont was allowed $30 salary
while he was Recorder and D. L. McCausland
$62.60 for expenses in obtaining possession
of Recorder's books.
The next meeting of Board
was the next day, April 2, at which time other
business was transacted with reference to
roads. M. J. Campbell was approved
as deputy clerk of courts, and Lewis E.
Diefendorf as deputy treasurer. It was
then voted to employ Geo. W. Wakefield
to secure the adjustment of swamp land claims
of the county against the United States.
The next meeting of the
was April 3, and no business of importance
was transacted.
The next meeting of the
Board was April 4, 1872, at which time it
was voted to accept the bid of Henry Phringston
for putting up court house building, for the
sum of $1,249. There was also bills allowed
for several purposes, supervisors services,
paupers, officers pay, etc., in all aggregating
$639.99.
The Board next met May
6, 1872. This session was not extended and
no business of importance transacted. Bills
were allowed for surveying, goods furnished
county, expenses to Sioux City, etc., aggregating
$283.55.
Next meeting of the Board
was held June 3, 1872, which was unimportant.
The Board next met on
the 4th day of June, at which time Perkins
Bros. were allowed $1,500 for county books,
and there was no other business except in
connection with the establishment of roads.
Board met again June
5. At this meeting it was voted to appropriate
$500 in building a bridge across Otter Creek
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on Section 15, Township 98,
Range 42. Also the sum of $350 to build a
bridge across Ocheyedan Creek on the Ocheyedan
Valley road, $200 in bridging Otter Creek
on Section 13, Township 99, Range 42, $160
bridging Otter Creek on County road No. 11,
and $135 bridging Otter Creek on Section 12,
Township 99, Range 42. There was also allowed
various bills for salaries, fees, and other
things, aggregating $598.21.
The next meeting of Board
was held June 6, and at this meeting no business
was transacted, except bridging Ocheyedan
Creek near Section 16, Township 99, Range
40.
Board met again June
7, 1872, and it was voted that sealed proposals
be received for building six bridges. It was
also voted—upon a petition presented
by John F. Glover, John Beaumont and
others—that Henry Phringston be
allowed $100 to release County from his contract
to build court house, and that an election
be called to vote on court house bonds to
the amount of $5,000 with which to build court
house. Bills were allowed to the amount of
$82.18, and Board adjourned to July 17, 1872.
Board met again July
17, as per adjournment, and nothing was done
except passing the following resolution:
“Whereas,
On the 17th day of July, 1872, by a decree
of the District Court in and for the County
of Osceola, in the State of Iowa, John
A. Schmidt, Esq., recovered a judgment
against the County of Osceola for the sum
of three thousand fifty and twenty hundredths
dollars ($3,050.20), and,
“Whereas, On
the 17th day of July, 1872, the said John
A. Schmidt, Esq., under the provisions
of Chapter 174, Laws of 1872, elected not
to issue execution on said judgment, but to
receive payment of said judgment in the bonds
of Osceola County, bearing 10 per cent interest
per annum, and,
“Whereas, In
our judgment the interests of Osceola County
will be best subserved and promoted by issuing
said bonds, therefore be it
“Resolved, By
the Board of Supervisors of Osceola County,
that the County of Osceola do issue its bonds,
in compliance with the election of said John
A. Schmidt to liquidate said judgment,
and that the President of the Board and the
County Auditor are directed and instructed
to duly execute said bonds under the seal
of Osceola County.”
Board met again July
18, 1872, and at this meeting the votes cast
for court house bonds at the second election
were canvassed, and the following was the
count:
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FOR BONDS.
| Holman Township |
57
|
| Goewey Township |
3
|
| Horton Township |
7
|
|
Total number for
|
67
|
AGAINST BONDS.
| Holman Township |
4
|
| Goewey Township |
10
|
| Horton Township |
8
|
|
Total number against
|
22
|
Following
this, the usual resolution to provide for
bonds and carry out the vote was passed. C.
I. Hill, Henry Phringston and D. L.
Riley were appointed a committee to prepare
plans and specifications for court house.
The contract to build the six bridges mentioned
in a previous meeting were then let to various
parties, the six aggregating $1,522. There
was then appropriated $135 to bridge on east
line of Section 26, Township 100, Range 42;
$250 was also appropriated for bridge on Section
34, Township, Range 42; and $300 for building
bridge across Ocheyedan.
The next meeting of Board
was held July 18. This meeting fixed the sheriff's
salary at $200 per year, and passed bills
aggregating $981.11.
The next meeting of the Board
was held August 12, 1872. The following resolution
was passed:
“Resolved,
That H. B. Wilson and Joy &
Wright are hereby employed as counsel
to prosecute the swamp land claims for the
county, and that we allow them the sum of
$6,000 in county warrants as a retainer and
compensation, and the Auditor is instructed
to issue warrants for the same, and that the
contingent interest in the lands that may
be recovered shall not exceed the proportion
they are to receive in Lyon County for prosecuting
their swamp land claims.”
Frank Stiles
was appointed to make the necessary survey
of the swamp lands, and his compensation was
fixed at 10 cents an acre. The contract to
build court house was awarded to Henry
Phringston for $3,447, and the court house
was to be completed by November 1, 1872. Bills
were then allowed for various things amounting
in all to $368.74.
Board again met
September 2, 1872. Nothing was done
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at this meeting, except such
business as pertained to the establishment
of roads.
Next meeting of
the Board September 2.
The following resolution
was adopted: “Resolved, That the
chairman of the Board of Supervisors be hereby
instructed to employ such counsel as he may
deem necessary to defend the county in the
measures now adopted by the Board of Supervisors.”
There was then allowed bills to the amount
of $388, and the Board adjourned.
Board again met
September 17, 1872. There was considerable
business done in the establishment of county
roads, and levies were made as follows:
For State revenue, 2 1/2 mills.
For ordinary county revenue,
4 mills.
For support of schools, 2 mills.
For payment of court house bonds,
5 mills.
For payment of interest on judgment
bonds, 3 1/2 mills.
There was also passed
the following resolution:
“Resolved, That
C. W. Blackmer is hereby authorized
to purchase fifty-one volumes of the Iowa
reports, and that we, the Board of Supervisors
of Osceola County, hereby appropriate $700
for the purchase of the same, and the County
Auditor is hereby instructed to issue that
amount of County warrants to C. W. Blackmer,
for the purpose of obtaining said Iowa Reports
for the use of the county.”
There was also allowed
bills at this session aggregating $600.08,
among which were:
| Frank Stiles, hand cuffs and
leg irons.... |
$ 51
|
| Frank Stiles, attending court
with twenty-seven deputies, September
2.. |
56
|
| Frank Stiles, attending court
with five deputies, September 3........ |
12
|
| C. W. Blackmer, attorney's fees... |
40
|
| J. H. Winspear, attending court... |
12
|
| J. H. Winspear, expenses and
services to Sioux City seeing to the printing
of the court house bonds.... |
100
|
The Board
next met October 7, 1872. At this meeting
Horton Township, as originally organized,
was divided into three civil townships, as
follows: Township 100, Range 42, to be known
as Fenton Township. Township 100, Range 41,
to be called Wilson Township. Township 100,
Range 40, to be called Horton Township. Elections
for township officers for these townships
were ordered for the general election in 1872,
to be held in Wilson Township at the house
of James
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Miller; for Fenton Township,
at the house of John H. Hart; for Horton
Township, at the house of L. G. Ireland.
It was voted to allow Crandall & Hall
$900, part payment on bridge contract. Bills
were allowed amounting to $1,025.40.
The Board next
met October 21, 1872. At this meeting a resolution
was passed authorizing Henry Phringston
to build privy, coal house, steps to court
house, one vane and flag staff and to fit
up room under stairway, for which he was to
receive in addition to court house contract,
$1,053. Bills were then allowed amounting
to $310.25.
The next meeting
of the Board was held November 11, 1872. At
this meeting the votes cast at the general
election held this month were canvassed. As
there is, in another part of this history,
the names of all officers of the county since
its organization, the officers declared elected
at this session will be found here. It was
also voted to issue bonds for $1091.65 to
J. M. Grant to satisfy a judgment obtained
by Grant against the county; also voted
to issue bonds to the amount of $1,339.06
to Condion & Harris to satisfy
a judgment they had obtained in the circuit
court against Osceola County.
The next meeting
of the Board was on November 13, 1872. At
this meeting Henry Phringston was instructed
to get the court house furniture from the
railroad depot and to set it up, and for these
services was allowed $250. Delialy Stiles,
County Superintendent, was allowed $200 as
salary from January 1, 1872 to January 1,
1873.
The following resolution
was passed:
Resolved, That
the Auditor is hereby instructed to fit up
and furnish two north rooms on the first floor
and a jury room on the second floor of the
court house for the use and benefit of the
poor of the county and to furnish provisions
and everything he deems necessary for the
comfort of the same.
There was also
allowed bills of various kinds and amounts,
aggregating $2,403.21, among which were:
| Henry Phringston, drawing plans
and specifications of court house............ |
$ 60.00
|
| J. H. Winspear, inspecting court
house........ |
10
|
| Furniture for court house............... |
1,102
|
The Board next met November 27, at which no
business was transacted, except a small amount
for burning around bridge for $4.20.
The next meeting
of the Board was held December 16, 1872, at
which were present the members, as at other
meetings, being J. H. Winspear, H. R. Fenton
and George Spaulding.
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The Auditor was instructed to
issue a warrant of $106.03 to pay the premium
for $2,000 insurance on the court house and
furniture, in the Home Insurance Company of
Columbus, Ohio; warrant issued to W. H.
Turner.
H. R. Fenton was
instructed to procure safe for Treasurer,
and the Auditor ordered to issue warrant to
pay what was necessary for it. Board adjourned
to Dec. 17.
Board met Dec. 17, 1872,
as per adjournment. Mr. Spaulding was
not present. It was ordered by the Board that
the Auditor employ an attorney in Clayton
County to get proof of the residence of Thomas
Carroll. It was voted to issue bonds to William
C. Frye in the amount of $6,300 to satisfy
a judgment against the County in the United
States Court, and also a warrant of $38.80
to said Frye, which would complete
payment of judgment. A new survey of swamp
lands was then ordered, and in connection
therewith the following resolution was passed:
“Resolved,
That Frank Stiles is hereby allowed
the sum of five hundred dollars for the use
of his present survey book of swamp land selections
for Osceola County as a guide to the County
in conducting the new survey of swamp lands
of said County this day ordered by the Board
of Supervisors, and that the Auditor is instructed
to issue a warrant to said Frank Stiles
of that amount, upon his delivering said survey
book to the Auditor at his office.”
Board then adjourned to Dec.
18, at which meeting nothing was done except
allowances for bills of various amounts and
kinds, aggregating $1,231.76.
Board met again Dec. 30,
1872, members all present. The first thing
done was to instruct the Auditor to insure
court house and furniture in the Hawkeye Insurance
Company to the amount of $2,000, and issue
warrant sufficient to pay premium. It was
then voted to accept the proposition of L.
A. Barker to print 5,000 pamphlets on
Osceola County for distribution, and the Auditor
was instructed to warrant for $800 to pay
the same.
The Board next met December
31. The official bonds were approved and the
Auditor's salary was increased; as also that
of Recorder. Polk & Hubbell, of Des Moines,
were allowed $100 for service in the case
of Wm. O. Frye vs. Osceola County.
Bills were then allowed amounting to $1,269.94.
Among the bills allowed were:
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| Frank Stiles, balance on bridge
grading, etc..... |
$475 00
|
| J. H. Winspear, railroad fare
to defend in Frye vs. County....... |
60 00
|
| C. W. Blackmer, counsel and advice... |
250 00
|
This meeting
of the Board closed the first year's administration
of the County Supervisors. As near as can
be ascertained from a thorough search of the
records and the minutes of the Board, there
was issued in county warrants during the year
1872, $29,000. There was also issued bonds
in the sum of $17,801.41. These bonds were
based upon judgments rendered in different
courts, and aside from the court house bonds,
the judgments are based upon actions brought
upon county warrants which are a part of the
$29,000 of warrants issued. The exact indebtedness
at the close of 1872 cannot be accurately
determined, but to approximate it would stand
as follows;
| Bonds drawing 10 per cent. interest |
$17,801 31
|
| County warrants |
18,000 00
|
Continuing
as to the Board of Supervisors, there was
to be one member of the Board elected at the
general election in 1872. At this election
D. L. Riley and L. F. Diefendorf
were candidates for the office, and the votes
were a little mixed on the Riley ballots.
They read D. I. Riley, D. L. Riley
and L. F. Riley, so that the Board
declared the result as follows:
| |
VOTES
|
| L. F. Diefendorf |
78
|
| D. I. Riley |
75
|
| D. L. Riley |
55
|
| L. F. Riley |
1
|
And officially
declared that Diefendorf was elected.
It cannot be found, however,
from the records that Diefendorf ever
qualified or acted with the Board. We know
nothing of the man, but he undoubtedly conscientiously
felt that he was not entitled to the office,
and did not have the audacity nor the desire
to force himself upon the people even with
the Board's decision that he was “duly
elected.” Something had to be done, however,
to straighten the record and overturn this
official decision made by the Board, so that
the proper proceedings were instituted by
D. L. Riley, as contestant, against
Diefendorf, incumbent. The tribunal
then to decide contested elections consisted
of the Circuit Judge and two associate judges,
one chosen by the contestant and the
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other by incumbent. Riley chose
I. N. Gardner, and as the incumbent
failed to make a choice, the Clerk of the
Court, then J. F. Glover, made choice
of A. M. Culver. The court so constituted
met at Sibley January 2, 1873, and that day
and the following was taken up in preliminary
matters, and making up issues, also receiving
evidence, and on these days, and including
the next day, the case was fully presented
to the court. On January 4, 1873, the court
decided that the contestant, D. L. Riley,
was entitled to the office, and he then and
there appeared and took the oath of office
and thereby became a member of the Board,
leaving Diefendorf to pay the costs.
BOARD PROCEEDINGS OF 1873
The first
meeting of the Board in 1873 was held January
6, and was called to order by the County Auditor,
and there were present H. R. Fenton
and D. L. Riley. Riley elected
Fenton chairman, and the Board proceeded
to approve official bonds and adjourned until
afternoon.
At the afternoon session
the three members were present, which added
George Spaulding, and these three constituted
the Board. Some business was transacted with
reference to roads, and the Board adjourned
until the next day, January 7.
January 7, 1873, the
three members were present. J. H. Douglass,
Sheriff, notified the Board that he had appointed
C. M. Bailey as deputy; J. F. Glover,
Clerk of Court, gave notice that he had been
appointed as deputy, F. M. Robinson
and F. M. Robinson, County Auditor,
notified the Board that his deputy was C.
M. Brooks. The Board then fixed the salaries
of office, which were to be paid at the end
of each month, as follows:
| Treasurer...... |
$ 50 00
|
| Auditor....... |
100 00
|
| Clerk of Court.... |
40 00
|
| Recorder..... |
40 00
|
| Sheriff....... |
16 65
|
| County Superintendent of Schools........ |
15 00
|
The Board
then allowed various bills amounting in all
to $331.57, and adjourned to January 20.
January 20, 1873, the
Board met pursuant to adjournment, and there
was present Fenton and Spaulding,
Riley being absent. Nothing was done
particularly at this session. John Beaumont
was allowed $58.35 for services as recorder
the year before, up to the time McCausland
gobbled the books, and other bills were allowed
amounting to $541.60. The Board then adjourned
to meet February 20 next.
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February
20, meeting of the Board was held as per adjournment,
with Fenton and Spaulding present,
Riley absent. It was voted that Chairman
Fenton employ any counsel to appear
for the county any time he may deem it necessary.
The following astounding resolution was then
passed:
“Resolved, That
the proposition of C. W. Blackmer be
accepted, and the Auditor of this county is
hereby directed to issue the said C. W.
Blackmer the sum of twenty thousand dollars,
in warrants of such dimensions as the said
C. W. Blackmer may determine. It is
understood and agreed that, out of the sum
so issued to the said C. W. Blackmer,
he is to compensate the assistant counsel
which he has agreed to employ, and,
“Whereas, The
said C. W. Blackmer, has further proposed
to this Board that he will accept for the
remainder of his compensation a contingent
fee of 20 per cent of the amount recovered
from the railroad company and Woodbury County,
therefore, be it further
“Resolved, That
said County of Osceola will pay the said C.
W. Blackmer and his assistant counsel
the said contingent fee of 20 per cent, provided
the same shall amount to more than the sum
of twenty thousand dollars; it being understood
that the said sum of twenty thousand dollars
is to be deducted from said sum of 20 per
cent, and that the said C. W. Blackmer
and his assistant counsel are only to receive
the balance, if any remaining, as a contingent
fee.”
The Board then appointed
L. F. Diefendorf as their clerk pro
tem., by reason of F. M. Robinson
refusing to act as clerk in issuing warrants
to Blackmer. It seems that at this
time there was considerable excitement in
the county over this $20,000 to Blackmer,
which caused the Board in the afternoon of
this same session to rescind the resolution,
and they passed another, employing Winspear
and Blackmer to recover back taxes
from the railroad company, allowing the attorneys
a retainer of $500 and 25 per cent on the
amount recovered. It was also voted that C.
M. Brooks should hang blinds upon the
court house windows at $4.50 each, and the
Auditor was authorized to issue a warrant
of $400 to said Brooks, immediately,
as part payment, balance to be paid when work
was completed. The Treasurer's salary was
then increased to $100 per month, and a warrant
drawn for $50 for the extra compensation in
January.
February 21, 1873, the
Board again met with Fenton and Spaulding
present, Riley absent. The Board ordered
a
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warrant drawn of $400, part
pay for pamphlets, and allowed bills aggregating
$2,611.33. Among the bills were the following:
| H. R. Fenton, expenses to Sioux
City, four days time.... |
$ 45 00
|
| Blackmer, attorney's fees.... |
20 00
|
| McCaffery & Harmon, attorney's
fees |
35 00
|
| C. W. Blackmer, balance of bill
presented to Board December 31, 1872 |
250 00
|
| McCaffrey & Harmon, attorney's
fees |
50 00
|
The next
meeting of the Board was held March 11, 1873,
at which time there was present Fenton
and Riley. Nothing important was done
at this session except to pass a resolution
dismissing all attorneys and inviting proposals
from Sibley lawyers to do the county business.
Bills were allowed amounting in all to $565.94.
Board met again April
7, 1873. The following resolution was adopted:
“Resolved, That
J. H. Winspear and S. W. Harmon
are employed to appear for the county in all
suits now pending in the District Court and
defend same."
Fenton and Spaulding
voting for and Riley against. Board
adjourned to meet April 14.
The record here shows
a change in the Board, and that O. Dunton
and B. F. Mundorf were appointed to
fill the vacancy caused by removal. The first
meeting of this newly constituted Board was
held April 21, 1873, at which time there were
present D. L. Riley, O. Dunton and
B. F. Mundorf. D. L. Riley was
elected chairman. The Board transacted the
usual business pertaining to county legislation.
Bills were allowed, a large part pertaining
to court expenses, in all amounting to $1,071.46.
The Board of 1874 consisted
of D. L. Riley, O. Dunton and F.
E. Perry. This Board placed the affairs
of the county upon a thorough business basis,
and established a system of economy which
succeeding Boards have not departed from.
The Board of Supervisors from that time up
to the present have all been men who had the
interest of the county at heart. The debt
of the county has been reduced, warrants are
at par, and the administration of the county
affairs is satisfactory to the people. The
different persons who have constituted the
board of different years will be found under
the list of county officers.
[Note: click on thumbnails to see larger images.]
