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Houston County, Minnesota - Chapter 9: County Government, 1919

From History of Houston County, Minnesota, published 1919. 7,912 words, reproduced complete and unedited. Source changes inside the text are labelled in place.

The text

7,912 words

Machine-read from scans of History of Houston County, Minnesota, published 1919. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.

The area now embraced in Houston county was included in the original limits of Wabasha (then spelled Wabashaw county), which was one of the nine counties created by the First Territorial Legislature.

Governor Alexander Ramsey, the first territorial governor, arrived in St. Paul, May 27, 1849, and on June 1, 1849, issued his first proclamation. June 11, 1849, he issued a second proclamation dividing the Territory into three judicial districts. July 7, 1849, the Governor issued a proclamation dividing the Territory into seven council districts and ordering an election. The first session of the legislative assembly of the Territory of Minnesota was held at St. Paul, commencing Sept. 3, 1849.

By an Act approved Oct. 27, 1849, the Territory was divided into the counties of Washington, Ramsey, Benton, Itasca, Wabashaw, Dakotah, Wahnahta, Mahkahto and Pembina. Only the counties of Washington, Ramsey and Benton were organized for all county purposes. The others were organized only for the appointment of justices of the peace, constables, and such other judicial and administrative officers as might be especially provided for. They were entitled to any number of justices of the peace and constables, not exceeding six in number, to be appointed by the Governor, and their term of office was made two years, unless sooner removed by the Governor. These officers were made conservators of the peace.

Wabasha county as "erected" by the Act of Oct. 27, 1849, composed practically all of the southern part of the present State of Minnesota. Its northern boundary was the parallel running through the mouth of the St. Croix and the mouth of the Yellow Medicine rivers; the southern boundary was the Iowa line ; its eastern, the Mississippi ; and its western, the Missouri ; and it also included the big peninsula between the Missouri and the Big Sioux rivers, and all of what is at present southeastern South Dakota. Of this vast county, the present Houston county was a part.

In 1851, by the Revised Statutes, Chapter I, the Territory was divided into Benton, Dakota, Itasca, Cass, Pembina, Ramsey, Washington, Chisago and Wabashaw counties, and their boundaries defined. Wabashaw county consisted of all the State lying between the Mississippi River and a line drawn due south from Medicine Bottle's village at Pine Bend. The line south from Pine Bend would touch what is now the western boundary of Goodhue, Dodge and Mower counties. Wabashaw county therefore took in a portion of what is now Dakota county, as well as all the present counties of Goodhue, Dodge, Mower, Wabasha, Obnsted, Fillmore, Winona and Houston.

5, 1853. Its sister counties that were created or had their boundaries altered at that time were Dakota, Goodhue, Wabasha, Scott, Le Sueur, Rice, Blue Earth, Sibley, Nicollet and Pierce. Section 4, Chapter 5, General Laws of Minnesota, 1853, gives the boundaries of Filhnore county. The lines indicated are somewhat vague, but the county generally speaking took in all of Houston county, nearly all of Winona county, parts of what are now Olmsted and Fillmore counties, and a small comer of Wabasha.

The Governor was to appoint county officers, justices of the peace and constables, who under proper bonds were to serve until their successors were duly selected at the next general election. The county commissioners were to locate the county seat. Under this authority, Gov. Willis A. Gorman appointed as officers : H. B. StoU, of Minneowah, register of deeds ; Erwin H. Johnson, of Winona, treasurer; Andrew Cole, judge of probate; John lams, sheriff. Henry C. Gere, of Winona, Myron Toms, of Minneowah, and William T. Luark, of Minnesota City, were appointed the commissioners. O. M. Lord, possibly at a little later date, was appointed coroner. T. K. Allen, John Bums, George M. Gere and H. B. Waterman, who had served as justices when their residences were included in Wabasha county, were retained as justices in the new Fillmore county.

The first board of county commissioners, consisting of Henry C. Gere, Myron Thorns and William T. Luark, met at the Winona Hotel on Center street in Winona, May 28, 1853, and appointed Henry C. Gere chairman. Henry B. Stoll was clerk. Thus organized, the board proceeded to business. Grand and petit jurors were drawn, and three assessors, S. A. Houck, John C. Laird and Jeremiah Tibbetts, were named in place of three appointees of the Governor who had failed to qualify.

The second meeting was held at the home of John Burns at the mouth of Bums Valley, June 4, 1853, the clerk and two of the commissioners being present. Henry C. Gere was absent. The bond of S. A. Houck as assessor was accepted with William T. Luark as surety.

Owing to high water, it was impossible for Messrs Luark and Gere to get to Minneowa, which had been selected for the next meeting place, and, consequently, on July 4, Myron Toms, commissioner, and Henry B. Stoll, clerk, adjourned the session to meet at Winona the next day. But the trails were still impassable, so on July 5, the other two members, Messrs. Gere and Luark, met at the Winona Hotel in Winona, and after approving the bond of Erwin Johnson as treasurer, adjourned until July 9, 1853.

On July 9, 1853, the meeting was held at the Winona Hotel, Winona, and all the members were present. At this meeting the commissioners created five election precincts. The Mount Vernon, Minnesota City, Minneowah and Winona precincts all lay within the present limits of Winona county. The Root River precinct was created on the petition of ten legal voters. The precinct consisted of a strip running the whole length of what was then the county, the northern boundary being a line drawn due west from the home of Nathan Brown, at Dakota, in the present Winona county, and the southern boundary being a line drawn due west from the mouth of the Root River. It therefore included the northern half of what is now Houston county. The first election was ordered held at the home of John S. Looney, in what is now section 27, Houston township, Houston county, with John S. Looney, Joseph Brown and G. W. Gilfillan as judges of election. At this same meeting of July 9, 1853, the first school district, that of Minnesota City, was established. The first petition for a road was also granted, its route to be from Minnesota City to Winona, with Harvey Hubbard and E. B. Drew as examiners. C. R. Coryell was appointed county surveyor.

The next meeting of the board was held at the Winona House, Winona, July 22, 1853. At this meeting, Messrs. Gere and Luark were present. In the absence of H. B. Stoll, Sylvester J. Smith was appointed clerk pro tem. The examiners of the route between Minnesota City and Winona reported that they had located the road. It followed practically the lines of the thoroughfare now connecting the two places.

Aug. 27, 1853, Messrs. Luark and Toms were present. The Brownsville precinct was created at the request of twelve voters. It embraced all that part of the then Fillmore county lying south of a line drawn due west from the mouth of the Root River. The election was to be held at the Public House of David Brown, the judges to be Charles Brown, Samuel McPhail and M. C. Young. After creating this precinct, the commissioners approved the bond of C. R. Coryell as surveyor. Lewis H. Springer and O. M. Lord were appointed viewers of a road in the RoUingstone valley leading from the Minnesota and Winona road to Dr. Bentley's location.

The first general election was held at the designated places, Oct. 11, 1853. H. M. Rice was elected territorial delegate to Congress, William Freeborn, of Red Wing, was elected to the State Council, and O. M. Lord, of Minnesota City to the lower house of the Assembly. The county officers elected were: County attorney, Andrew Cole; judge of probate, H. S. Waterman; register of deeds, WiUiam B. Gere; sheriff, John lams; surveyor, Robert Pike, Jr.; county commissioners, John C. Laird, Robert Pike, Jr., and W. B. Bunnell. The justices elected were : William H. Stevens, of Wabasha Prairie (Winona) ; H. B. Waterman and Robert Pike, Jr., of Minnesota City ; S. M. Bums, of Mt. Vernon, and Myron Lewis, of Minneowa.

This election led to the events which resulted in the division of Fillmore county and the creation of Houston and Winona counties. A number of land promoters, prominent in county affairs, unable to secure an mterest in the Winona townsite, invested in a land scheme at Chatfield, and planned to establish the countyseat there. Late in the fall of 1853 it became apparent that the retiring board was strongly in favor of the new project. Therefore, on Dec. 19, 1853, commissioners Henry C. Gere and Myron Toms, with G. W. Willis as acting clerk, met at the Case cabin at Chatfield, in the Root River precinct and established the countyseat at Chatfield, in the center of section 6, township 104, range 11. The final meeting of the board was held at the home of W. B. Bunnell, at Homer, in the Minneowa precinct. Henry C. Gere and Myron Toms were present. Various bills to the amount of $411.47 were presented and county orders drawn for the amount. C. F. Buck was clerk pro tem. of this meeting.

Pike, Jr., John C. Laird and Willard B. BunneU, met at the home of Robert Pike, Jr., in Minnesota City, Jan. 2, 1854, with W. B. Gere as clerk. W. B. Bunnell was made chairman. The bond of John lams as sheriff was accepted. Assessment districts were created. The first district was all of the county north of the north line of township 106 ; the second district was all south of the north line of township 106 and the north line of township 103 ; the third district was the three southern tier of townships. Houston county thus fell in the second and third districts. S. A. Houck was the assessor assifirned to the first district, Hamilton McCoUum to the second^ and Edward Thompson to the third.

January 3, the board met at the same place, with Commissioners Robert Pike, Jr., John C. Laird and Willard B. Bunnell, and Clerk William B. Ger^ present. Although the previous county board had located the county seat at Chatfield, the meeting at which they had done so was the only time they met there, their subsequent meetings being held in the present Winona county. The 1854 board decided to take the matter in its own hands. A ballot being taken it was found that one member voted for Winona, one for Minnesota and one for Chatfield, Pike voting for his home village of Minnesota City, Laird for his home village of Winona, and Bunnell, although he lived at Homer only a few miles from Winona, casting his vote for Chatfield, possibly because his friends were interested in the Chatfield land scheme, possibly because of pre-election promises, and possibly because of jealousy that the village of Winona, built on what he called a sand bar, should so rapidly outstrip his own village of Homer.

The next meeting of the board was held at the home of John C. Laird in Winona, Jan. 7, 1854. All the members were present. At this meeting, the county having no income, it was found that the liabilities were $536.86. M. Wheeler Sargent was appointed county attorney, and C. F. Buck, judge of probate, in place of Andrew Cole and H. B. Waterman, who had failed to qualify. The question of the county seat came up and by a unanimous vote it was located at Chatfield, on section 6, township 104, range 11, Pike and Laird having given up the fight because of the certainty that the county would be divided, with Minnesota City and Winona in a different county from Chatfield.

As early as the previous winter, the people of Winona had begun to talk of a new county with Winona as the county seat, leaving Chatfield in Fillmore county. Samuel McPhail and others desired still another new county in the southeast comer of the State, with Brownsville as countyseat. Conferences were held, boundary lines discussed, and an agreement reached. H. D. Huff, of Winona, a well known hotfel keeper, L. H. Springer, of St. Charles, and Samuel McPhail, of Brownsville, were among the leaders in the move. Mr. Huff having time and money at his disposal went to St. Paul and was active in creating sentiment in favor of the bill for the division of Fillmore county which was introduced in the lower house of the Territorial Assembly by O. M. Lord, of Minnesota City, who was a member of that body. G. W. Willis, a prominent promoter of the Chatfield land project, opposed the biU but his opposition was futile. Mr. Willis succeeded, however in having a bill passed granting a charter to the Chatfield Land Co.

Mr. Lord's bill was approved Feb. 23, 1854, and was signed by N. C. D. Taylor, speaker of the house ; S. B. Olmstead, president of the council, and W. A. Gorman, Governor of the Territory. By this bill, the counties of Houston and Winona were created, and new boundaries defined for Fillmore, Wabasha and Goodhue.

Houston was given its present boundaries. On the first Tuesday m April following, a special election was to be held for the selection of three county commissioners, one register of deeds, one county treasurer, one sheriff, one district attorney, one judge of probate, one county surveyor, one coroner, three assessors, one supervisor of roads for each road district, two justices of the peace and two constables for each precinct. The election returns were to be canvassed by the register of deeds of Fillmore county, who was to issue certificates to the successful candidates who could then qualify immediately. As a preliminary to the election, the Governor was authorized to appoint inspectors of election in each precinct. The countyseat was established at Brownsville.

The first meeting of the county commissioners of the newly created Houston county was held at Brownsville, May 26, 1854. The three commissioners present, constituting the board, or, as the clerk quaintly calls it, '*the court," were Samuel McPhail, Ole Knudson and Joseph Lovesee. James A. McCan, register of deeds, sat as clerk. Samuel McPhail was selected as chairman. The first business was to divide the county into the election precincts of Brownsville, Pine Creek, Root River, Spring Grove and Caledonia. Three assessment districts were established, the first taking in the southeast part of the county, the second the southwest part, and the third the northern part, the assessors being respectively D. D. Brown, R. L. Young and George Canon. Expenses to the amount of $23.82 for the election of April 4, 1854, were ordered paid. Petitions for various roads were presented. Two were refused and two routes were ordered viewed. The two ordered viewed extended from Brownsville along the main routes of travel, one to the forks of the Root River near Houston, and one by way of Caledonia to the west line of the county. James A. McCan was ordered to have a desk made for the use of the register of deeds. Matthias Richmond was appointed constable of the Brownsville precinct and Thomas H. Parmelee of the Caledonia precinct.

The second meeting was held June 8, 1854, Messrs. McPhail and Lovesee being present and Mr. Knudson being absent. D. D. Brown of the first assessment district, George Canon of the third assessment district, and Elijah Ferguson, appointed in place of R. L. Young who failed to qualify from the second district, presented their bonds and received their assessment rolls and charts. A tax of ten mills was levied, nine mills for the county and one for the Territory. The two road petitions laid over from the previous meeting were granted and roads ordered viewed from Brownsville to the Iowa line in Winnebago township and from Brownsville to the Root River at Jacob Beusches. A petition was presented for a road from Brownsville by way of William Oxford's on Crooked Creek; George Powlesland*s, the east line of section 31, township 102, range 5, and Norwegian

The commissioners met July 3 and at once adjourned to July 5. On that date considerable business was transacted. Road 5 from Oxford's to Ricef ord ; Road 6, from the northeast comer of the county by way of Thompson's sawmill and Norwegian Ridge to the Iowa line ; Road 7, from Thompson's sawmill by way of Edwin Butterfield's and Levi West's to intersect with the Brownsville-Caledonia road ; and Road 8, from Brownsville by way of Thompson's sawmill and the forks of the Root River to the western line of the county, were ordered viewed. Surveys on Roads 1, 2, 3 and 4 were accepted. Eight road districts were created and supervisors appointed. William McConnell was granted a license for six years to operate a ferry across the Mississippi at Taylor's lime kiln. A license was granted L. D. Smith to sell spiritous liquors by the quart, and one to Ole Knudson to sell liquors at retail at the fork of the Root River were granted, the fee in each case to be $20. School districts 2 and 3 were created at and near Houston.

The fourth meeting of the commissioners were has held Oct. 2, 1854, Messrs. McPhail and Knudson being present and Mr. Lovesee absent. The session continued for several days, Mr. Lovesee appearing on the second day. Peter Cameron was granted a license to operate a ferry across the Mississippi at Cameron's landing near the northern line of the county. L. D. Selfridge was granted a license to sell spiritous liquors by the quart, and O. N. Thayer was granted a retail liquor license at Brownsville. School district No. 4 was created in the vicinity of Hokah. A road was ordered viewed commencing at the home of M. M. Taylor and extending by way of John S. Looney's to the county line near the mouth of Rush Creek on the best route toward Chatfield.

At the fifth and last meeting of the first county board, held Oct. 28, 1854, on petition of Job and Charles Brown, proprietors of Brownsville, that village was duly confirmed as a townsite according to statute.

Thus was the machinery of county government set in motion. The system of county government by a commission of three members, appointed from districts, continued in force during territorial times. The successive boards of commissioners during these years were as follows: 1855 - James Smith (chairman), Ole Knudson and Samuel Armstrong. 1856 - Ole Knudson (chairman), Samuel Armstrong and Alexander Batcheller. 1857 - Samuel Armstrong (chairman), James C. Day and Alexander Batcheller. 1858 - ^Alexander Batcheller (chairman), Henry T. Fox and Frederick Gluck. The last meeting of this board was held July 8, 1858.

Minnesota was admitted as a State May 11, 1858. Previous to this, on March 20, 1858, Charles L. Chase, acting territorial governor, approved an act passed by the legislature providing for township organization. Under this act, on April 5, 1858, the commissioners of Houston county created fourteen townships - La Crescent, Hokah, Brownsville, Crooked Creek, Jefferson, Mayville, Winnebago, Houston, Sheldon, Caledonia, Wilmington, Hamilton, Yucatan and Spring Grove. Union was created April 29, 1858, to take effect Feb. 1, 1859. Although there have been many changes in the boundaries since that time, these townships correspond in general with the present townships, with the exception that the northwestern township is now Money Creek instead of Hamilton, Black Hammer has been created from Spring Grove, and Mound Prairie from La Crescent and other towns. By a legislative act approved by Governor Henry H. Sibley, Aug. 13, 1858, further provisions were made for county and township government. Under this act, it was provided that the counties of the State should be governed by a board of supervisors consisting of the chairmen of the various townships, and a representative from each ward of each incorporated city.

Under this act the Houston county board of supervisors held its first meeting at the court house in Caledonia, Sept. 14, 1858, being called to order by James A. McCan, the register of deeds, who had served as clerk of the board of commissioners since the county was first organized. Fourteen townships having been created, the board consisted of fourteen members - Alonzo Adams, Alexander Batchellor, Charles H. Brown, John Brown, Stephen Bugbee, Daniel Cameron, D. F. Case, Frederick Gluck, Robert Kenney, Joseph A. Melvin, William Schwindew, C. W. Thompson, C. C. Chase and George Powlesland. The place of the last named was later taken by John Powlesland. L. D. Selfridge claimed a seat from Brownsville village, under the law which under certain circumstances admitted to membership in the board the senior alderman from the wards of an incorporated city. The board, after due investigation, recorded a triple riveted opinion that Brownsville was not an incorporated city within the meaning of the county organization act, that if it were incorporated it had no wards, and that if it were incorporated and had a ward there was no evidence that Mr. Selfridge was the senior alderman of the ward, and, furthermore, that Brownsville was already ably and amply represented by Mr. Gluck. Stephen Bugbee acted as chairman pro tem. on motion of C. W. Thompson, and appointed a committee consisting of D. F. Case, Alonzo Adams and Alexander Batcheller to draw up the rules by which the board was to be governed. Thomas H. Conniffe, the district attorney, presented to the board the act of the legislature concerning the election in the town of Houston. This election had been held at Looneyville, May 13, 1858, and the legislature by act approved Aug. 10, 1858 (Chapter CLII, Special Laws of 1858) had legalized it. The legislature also, by act approved Aug. 11, 1858 (Chapter CXCI, Special Laws of 1858), had legalized certain irregularities in the creation of townships by the county commissioners in Houston, Brown, Steams and Chisago counties.

After hearing these laws read, and adopting the rules presented by the committee, the board elected as chairman, C. W. Thompson, who received the votes of Messrs. Adams, Brown (C. H.), Bugbee, Cameron, Case, Chase and Melvin. Messrs. Batcheller, Kenny, Powlesland, Brown (John) and Schwindew voted for Frederick Gluck. Mr. Thompson voted for Mr. Bugbee. Mr. Gluck did not vote. It was arranged that much of the routine business of the board should be considered by regular committees, as follows : Treasury, Melvin, Cameron, Batcheller ; clerk's office. Chase, Kenny and Brown (C. H.) ; claims and accounts. Case, Melvin, Batcheller; justices and constables, Bugee, Gluck and Adams; roads and bridges, Cameron,

Schwindew, Brown (C. H.) ; supplies for public offices, Powlesland, Bugbee, Schwindew ; register's and clerk of court's offices, Kenny, Chase and Cameron; overseers of the poor. Brown (John), Kenney, Adams; printing. Case, Brown (C. H.)^ Batcheller; public buildings, Melvin, Brown (John), Cameron ; assessment and equalization, Bugbee, Case, Powlesland ; schools and school districts, Adams, Gluck, Chase. F. S. Bugbee was appointed clerk of the board, and thus became the first auditor of Houston county.

The second board of county supervisors met July 20, 1859. On motion of Robert Kenny, Dr. G. J. Sheldon was appointed temporary chairman. There was some question as to the legality of the call for the meeting, and in addition to this the date was in advance of the time set by law for the annual meeting, but of the twelve present at the meeting, only two, John Dorsh and Henry Snure, voted against proceeding with the organization of the new board. The other ten members were Thomas McRoberts, who was chosen as chairman. Dr. G. J. Sheldon and Robert Kenny, already mentioned; Adolph Knobloch, D. C. Sherman, Andrew Hanson, Charles B. Lilly, Matthew McGinnis, Josephus Seeley and John Schwindew. Later J. P. Schaller took his seat, making thirteen members in all.

The regular annual meeting of the second board was held Sept. 13, 1859. The board consisted of fifteen members, those in addition to the ones present at the July meeting being C. W. Thompson, D. F. Case, Julius Billings and James Langmore. It was decided that Robert Kenny was not entitled to membership on the board, and in October, 1859, P. Fleming took his place. But the district court decided in favor of Mr. Kenney, and he again took his seat Nov. 9, 1859, sustained by a court mandamus.

The supervisor system did not long continue in Minnesota, though it is still in vogue in Wisconsin. Instead, the State of Minnesota in 1860 adopted the wiser plan of county government by commission, one com* missioner representing each district.

The board of county commissioners met June 4, I860. The members were John Dorsh (chairman), Edward Thompson, J. P. Schaller, John Phelps and Dr. G. J. Sheldon. Of these, Messrs. Dorsh, Schaller and Sheldon bad served on the previous board of supervisors. The first action of this board was to divide the county into commissioners' districts. Several distributions were proposed, that finally decided upon being as follows: 1, La Cresent and Hokah; 2, Mound Prairie, Houston, Hamilton (Money Creek) and Yucatan; 3, Caledonia, Sheldon and Union; 4, Brownsville, Crooked Creek, Jefferson and Mayville; 5, Winnebago, Wilmington, Spring Grove and Black Hammer.

The system thus established, the county commissioners have since continued to exercise the duties of their ofiice in the manner provided by statute. The county has been fortunate in the case of men it has elected as commissioners, and the public affairs have been well and ably administered.

The successive county officers have been as follows: County Superintendent of Schools - The early county superintendents were appointed by the county board. Later it was made a regular elective office. The first superintendent in Houston county was Rev. James Froth-

Clerk of the District Court - James A. McCan sat as clerk of the first court held in Houston county, Oct. 20, 1855. He also sat at the term of June 23, 1856. James J. Belden sat the first time Oct. 20, 1856, and the last time Oct. 21, 1865. During a part of his term, John J. Dunbar, the deputy, acted as clerk. John Dorsh sat the first time May 15, 1866, and the last time Oct. 19, 1869. Joseph Vossen sat for the first time May 3, 1870. G. J. Lomen sat for the first time at the May term in 1878. He resigned his office, and E. K. Roverud, who was appoointed, sat for the first time at the May term of 1886. That fall Moses Emery was elected and took office in January, 1887. Frank Bartholomew served from 1895 to 1899, D. P. Stewart from 1899 to 1911, and Charles L. Metcalf from 1911 to the present time.

Sheriff - The first sheriff of Houston county was Matthew Williams. He was followed in 1858 by Edmond Kelley, who in turn was succeeded in 1861 by William W. Willis. Joseph G. Prentiss became sheriff Jan. 1, 1865. R. F. Judd took office Jan. 1, 1867. His successors have been : 1871, John Phelps ; 1873, S. W. Walker ; 1875, Mark Hargreaves ; 1879, Walter Goergen ; 1885, George C. Drowley; 1893, George N. Blexrud; 1901, Frank H. Evans; 1903, Jacob Johnson; 1907, Christ K. Blexrud (Mr. Blexrud died July 25, 1912, and his brother, H. J. Blexrud, was appointed in his place) ; 1913, George N. Blexrud; 1919, William H. Abbotts.

Register of Deeds - The first register of deeds of Houston county was James A. McCann, who was likewise clerk of the county board and clerk of the county court. In 1859 he was followed by D. L. Buell. The succeeding registers were : 1863, D. N. Gates; 1865, J. W. Cook; 1871, Edward S. Bugbee (died in office and was followed Aug. 7, 1873, by N. E. Dorival) ; 1874, P. H. Rosendahl; 1875, James McMahon; 1877, P. H. Rosendahl (died in office in 1880, and his term was filled out by John Aiken) ; 1881, Mahlon Farmin; 1885, H. Herzog; 1889, O. K. Dahle; 1893, James O. Donovan; 1897, H. H. Snure; 1899, Clemence E. Styer; 1905, Adolph Eiken; 1919, N. C. Koel. Mr. Koel is serving at the present time.

Treasurer - ^The early lists of treasurers is somewhat incomplete. D. N. Gates was appointed treasurer Jan. 2, 1855. He resigned April 27, 1855,

Auditor - In the early days the register of deeds sat as clerk of the county board. The first to serve after the county was created was James A. McCann, who was likewise clerk of court. E. S. Bugbee was appointed clerk of the board Sept. 14, 1858. A. V. Pierce became auditor and clerk of the board Dec. 14, 1858. He was followed in 1861 by Truman B. Neff . Since them the auditors have been as follows: 1863, Edward Dorival; 1865, N. E. Dorival; 1871, James H. Cooper; 1875, E. W. Trask; 1881, E. K. Roverud; 1889, C. J. Scofleld; 1901, C. C. Eberhard; 1907, Robert Burns; 1915, E. N. Newhouse. Mr. Newhouse is now serving.

County Attorney - ^In the early days there was much shifting about in the office of county attorney, and at times the county board employed lawyers to act in that capacity, regardless of who had been elected. Jan. 3, 1855, O. W. Streeter was appointed to the office. In 1856, Hugh Brown nominally filled the position. Upon his death, July 7, 1856, W. B. Beebe was appointed. Following him, in 1857, Thomas H, ConnifF served. March 13, 1859, the county board voted to employ Wyman Trask, but on July 21, 1859, recognized Mr. Conniff as still officially holding the position. March 31, 1861, he resigned and John Montgomery was appointed in his place. Orville T. Oilman was appointed a few months later. Up to this time, however, the services of the county attorney were confined for the most part to giving advice to county officials, and the criminal prosecutions in the district court appear to have been in the hands of Morton S. Wilkinson of St. Paul and Samuel Cole of Chatfield. Mr. Oilman removed in 1860, and James R. Lawrence, after serving for a time in his place, was regularly appointed to the office Sept. 16, 1861. Next came Thomas H. Conniff, D. L. Buell, Wyman Trask, R. A. Murray and J. H. Smith. In 1871, W. H. Harries took office, followed in 1873 by John H. Smith. Mr. Smith resigned to go to the legislature and James O'Brien was appointed. Mr. Harris took office again in 1879, and Mr. O'Brien came in again in 1881. Since then the county attorneys have been as follows : 1883, C. S. Trask ; 1885, Dwight A. Buell; 1887, James O'Brien; 1889, E. H. Smalley; 1891, C. S. Trask; 1901, O. K. Dahle; 1913, W. A. Deters; 1915, O. K. Dahle; 1919, W. E. Flynn.

County Surveyor - There was considerable confusion in the county surveyor's office in the early days. Viewers and surveyors were appointed for individual roads, and consequently many citizens in different parts of the county received pay for county surveying work. Eugene Marshall was probably the first county surveyor. He resigned Oct. 5, 1856, and J. P. Segg was appointed. F. N. Goodrich served in 1858. George Gregory, Isaac Thompson, Wells E. Dunbar and C. H. Brown were all early county surveyors. Since 1869, the county surveyors have been as follows : 1869, F. N. Goodrich; 1873, E. L. Comstock; 1875, Isaac Thompson; 1877, Wil-

One of the greatest problems of the early county boards was that of finances. The people for the most part were poor, wheat and pork were practically the only commodities that the farmers could sell for money, gold was at a premium, it was with the greatest difficulty that people were able to pay their taxes, and the delinquent lists were long. The county had to pay the State the county's share of the State tax in cash, whether the people were paying their taxes or not. Consequently, county orders were issued in payment of county debts. These orders drew a high rate of interest, but the affairs of the county were in such uncertain shape that the orders were away below par and could sometimes be purchased at 50 per cent of their face value. Some of the successive county boards refused to accept their own county orders in payment of taxes, other boards refused to accept more than a certain percentage of the taxes in county orders.

The confusion caused by these county orders was deepened by the system of doing county business, nearly every board giving new and varying instructions to the auditor, treasurer and register of deeds regarding county orders, delinquent taxes, and tax sales. The accounting system was not of the best, it was difficult to get the town and school authorities to make proper returns, and with so much vacant land and land to which full title had not been obtained from the Government, property was assessed that was not subject to taxation and this further added to the complexities of the situation.

The first definite statement of the finances of the county is to be found in the records of Jan. 5, 1859, when a committee of the board of supervisors, consisting of Frederick Gluck, Alonzo Adams and J. A. Melvin, rendered a complete report of the money affairs of the county up to that date. It was found that from May, 1854, when the county was organized, until July 7, 1856, the county commissioners had allowed bills to the amount of $4,359.82 ; from July 7, 1856, to Jan. 1, 1859, $12,712.05 ; from Jan. 1, 1858, to Sept. 14, 1858, $4,946.28 ; making a total authorized by the board of commissioners of $22,016.15. But for some reason which the committee did not discover, orders had been issued to the amount of $22,051.15, an amount $35 in excess of the amount authorized. Of this amount, during the regime of the commissioners, orders had been redeemed to the amount of $15,544.55, leaving, when the commissioners went out of office Sept. 14, 1858, the amount of $6,506.61 unpaid. The board of supervisors from Sept. 14, 1858, to Jan. 7, 1859, allowed bills to the amount of $3,975.00 for which orders were issued, and none of which had been paid, leaving the orders outstanding amounting to $10,481.60. Of the uncollected tax of 1857 there remained uncollected $3,700. A third of this, $1,233.33, when coUected would be devoted to the State territorial tax, so the county would receive $2,466.67. The county held a mortgage against William Marlow, due Jan. 7, 1859, for $436.00 with interest of $30.52, making a total of $466.52. Thus the total assets of the county on Jan. 7, 1859, amounted to $7,548.41, leaving a deficit of $2,933.19. But a tax of three-fourths per cent had been levied and was, according to law, to be collected before Feb. 15, 1859. This the committee hopefully figured would amount to $9,750.00, leaving enough in the treasury to pay the expenses of the county to Jan. 1, 1860.

March 9, 1861, the county commissioners issued a notice that in accordance with an act of the Legislature, the question should be submitted to the voters of issuing bonds to take the place of floating orders, warrants and notes dated before Jan. 1, 1861, and still outstanding. The next day it was decided that in case the voters declined to sanction the bond issue, an extra tax levy should be made to secure funds to apply on the county indebtedness.

Then came the defalcation of the treasurer, Matthew Williams. In the middle of May, 1861, it became apparent that Williams had disappeared, and efforts were at once made to ascertain the fate of some $4,000 which was in the treasury. May 17, 1861, the county board met, and in consultation with E. P. Dorival, the assistant treasurer, endeavored to ascertain the exact amount of the absconding treasurer's shortage. In the county safe, of about $4,000 supposed to be in the county treasury, there was found $74.50 in gold ; $104.57 in silver ; $10.00 in currency, and $258 in State script. In the treasurer's private safe at home was found $41.55 in cash, and small amounts in notes and other papers. May 23, 1861, W. H. Lapham was appointed to fill the vacancy caused by Williams' absence, and after ne and the county board had thoroughly investigated the affairs of the office, it was announced on June 7, 1867, that Williams' shortage amounted to $3,890. This figure was declared by many to be too high, and was subsequently compromised with the bondsmen at a lower amount. July 27, it was decided to bring suit against the absconding treasurer and his bondsmen for $4,000. At the same meeting, a committee consisting of John A. Anderson, L. D. Self ridge and Isaac Thompson was appointed to consider such propositions as the treasurer's bondsmen might make in regard to a settlement of his affairs.

While these troubles were harassing the board a controversy arose with John Rippe, of Brownsville, who refused to deliver to the board of assessors records of BrownsviUe township. Suit was ordered brought against him, but in time the matter was settled.

December 6, 1862, compromise was reached with the Williams bondsmen. They were to pay $100 in cash and $2,400 in county orders, the case to be paid before Jan. 13, 1863, one-half the orders in six months and the other half in a year. In the meantime, judgment had been obtained against the bondsmen in the courts. Therefore, when the bondsmen failed to keep the terms of the compromise agreement, the board ordered the judgment paid at once in cash.

Again, however, the matter was compromised, and in time the matter was settled. A number of citizens who were not on the bond assisted the bondsmen, so that the burden did not fall too heavily on any one individual. The original bondsmen were: D. L. Buell, Embrick Knudson, E. D. Kelly,

The defalcation and incidents therewith left the finances of the county in still worse shape. While the compromise was pending, Sept. 5, 1862, the board voted to ask the Legislature to pass an act authorizing the laying of a tax up to six mills on the real and personal property in the county.

In 1865 and 1866 the outstanding county orders caused considerable trouble. The heaviest holder was Charles H. Eaton of La Crosse. William D. Gibbs and H. Ostrander also held large amounts, and there were also many smaller owners of this depreciated script. Suit was avoided by the county's paying a portion of these orders in cash, and making arrangements for the payment of the balance in installments.

From the dawn of the seventies to the present time the money affairs of the county have been on an increasingly substantial basis, the county is entirely out of debt except for the judicial ditch bonds not yet matured, and county orders are bank checks cashable at 100 cents on the dollar.

The countyseat contests in Houston county, and the story of the erection of the various county buildings, constitute an interesting phase of political progress. The act creating the county established the countyseat at Brownsville. The first meetings of the county board were held in a building rented from Charles Brown in that village. April 2, 1855, when the question of changing the location of the countyseat was pending, it was ordered that the clerk give notice of a proposition to build a courthouse at Brownsville, should that place be chosen by the voters as the countyseat. A request was made to the commissioners that they "stick the stake" for the countyseat at Brownsville, a request which was laid over until the next session.

In the meantime, on March 3, 1855, the Governor had approved an act of the Legislature authorizing the people of the county to vote upon the question of the county seat. The election was to be held the first Tuesday in April, 1855, and the choice was to be made between Brownsville, Houston and Caledonia, then the three metropolises of the county. The contest was an earnest one, and many were the methods used by the supporters of each village to secure the votes of the country people.

The opponents of Brownsville had a cartoon representing a huge boulder from the bluff crashing through a cabin and driving the occupants out. Houston was represented by some Caledonian in like comic manner as being overflowed with water, drowning everything out, and the Houston people retaliated on Caledonia by displaying a caricature, representing Samuel McPhail coming out of a well, apparently very deep, exclaiming, "there is no use, water cannot be found here."

The last meeting of the commissioners at Brownsville was held on the morning of April 26, 1855, when it was ordered that the records be removed to Caledonia, at which village a brief meeting was held the same evening in a room secured for temporary headquarters. The next day, after a half hour's consideration, the board selected a block, on which Samuel McPhail was ordered to erect a building for a courthouse. This small courthouse continued to be used for several years as the office of the register of deeds. Aug. 1, 1857, a contract was let to Samuel McPhail to erect a jail and courthouse. William D. Gibbs was evidently the real contractor, and the orders in payment of the contract were issued jointly to McPhail and Gibbs, and evidently remained in the possession of Gibbs. More or less trouble followed over the matter in the succeeding years. There was a question as to the title of the land on which the buildings stood. By 1858 the buildings were in need of repairs and added fittings, but the uncertainty as to the county's tenure caused the board to hesitate. The next year it was decided that the register of deed's office should be moved and certain repairs made. Feb. 3, 1860, a committee waited on Mr. Gibbs to ascertain the liabilities of the county in connection with grounds and courthouse. No satisfactory information was obtained about the grounds, but it was found that for building the courthouse he held county orders bearing 5 per cent a month, 60 per cent a year.

March 22, 1860, with a countyseat contest pending, the board of supervisors passed a resolution strongly censuring those who had caused the courthouse to be erected. Two days later there was a petition presented to the board, asking that a vote be authorized on removing the countyseat. The petition showed 740 names. Of these 650 desired that the countyseat be removed to Brownsville, and ninety that it be moved to Sheldon. Six names were rejected, and as 736 was more than half of the 1,391 votes cast at the last election, the vote on the question was authorized.

The countyseat question being settled for the time being, various improvements were made in the courthouse, the remodeling and repairs being completed early in January, 1862. January 9 the board ordered aU the officers except the county attorney and the sheriff to move to the courthouse. The clerk of court, the judge of probate, and the county surveyor were to occupy the easterly room, the auditor the westerly room, and the register of deeds and the treasurer the small room. The county attorney and the sheriff were authorized to occupy an office in a private building at the former's expense.

Even at this time the courthouse was inadequate and in 1867 a courthouse suitable for the time and purpose was erected, being completed September 5. This is the courthouse best remembered by the people of today. It was a two-story structure with high stone basement, the basement being used as a jail, the first floor for ofiicea, and the second floor for a courtroom and public meetings.

The contractors were E. D. Eaton and John Hanke. The building cost $2,000, a compromise having been reached by reason of alleged inferior workmanship. The former courthouse was converted into a residence for the sheriff.

The basement jail in a few years proved out of keeping with the dignity of a rapidly progressing county. It was damp and dark and inconvenient. So as early as 1871, agitation was started for a new building. In May of that year a proposition was made to erect a courthouse and jail, for which the county was to appropriate $30,000 and the citizens of Caledonia were to raise $10,000. The matter continued to be discussed and finally it was decided to erect a structure for a jail and sheriff's residence, and to continue to use the old building for courthouse purposes. In the meantime, however, the removal of the countyseat continued to be agitated. In 1872 the Legislature authorized a vote on the question of removing the countyseat to Houston, and in 1873 and 1874 authorized votes on the removal of the countyseat to Sheldon. In these years Caledonia, Houston, Sheldon and Yucatan were all authorized by the Legislature to issue bonds for the building of a courthouse. With this agitation over, it was decided to proceed with the building of a jail at Caledonia that should be a credit to the county and adequate for countless years to come. The structure was to be of stone which the county was to furnish. In 1874 bids were called for this stone, 225 cords to be 8 by 12^ and 16 inches long, while 125 was to be common stone of varying sizes. The bids ranged as high as $16 a cord for the dimension stone and $9.20 for the common stone. The contract was awarded to John Dorsch, a prominent public citizen, at $10 for the dimension stone and $7 for the common stone. In March, 1875, bids were asked for the construction of the combined jail and sheriff's residence, to be built in accordance with plans made by Charles G. Maybury, of Winona. The bids received on the appointed day were as follows: S. Drake, $28,075; B. J. Grimshaw, $27,600; N. Koob, $30,451; S. E. Smith, $32,843; T. W. Bums, $34,750 ; C. Bohn, $27,822 ; N. H. Delop, $28,015 ; Kirsheimer & Co., $26,800; John Klick, $28,439; W. F. Heath, 28,900; Shaw & Joy, $27,435; A. W. Gage & Co., $26,514. Bids were also put in for the masonry and carpentry, and for the iron work alone. A. W. Gage & Co., of Winona, being the lowest bidders, received the contract. On Januaiy 1, 1876, the jail building was reported completed in a satisfactory manner. E. P. Dorival of the board had the general supervision of the work, and on its completion, received the substantial thanks of the board in a vote presenting him with $100 as a token of their appreciation of his services. J. P. Bagley, of Milwaukee, who did the iron work, was officiaUy commended for the character of the work.

In 1883, the county having outgrown the courthouse, the present stately structure was erected, so that now the county is provided with a substantial courthouse and jail, set in a beautiful park beautified with fountains, trees, shrubbery and ornamental lights.

Provenance

Text from History of Houston County, Minnesota, published 1919, in the public domain in the United States and digitised by the Internet Archive.