Kiester Township (part 1 of 2)

Kiester Township

This is the southeast township of the county and is numbered on the government surveys, as town one hundred and one (101) north, of range twenty-four (24) west. It is bounded on the north by Foster township, on the east by the town of Mansfield, in Freeborn county, on the south by the State line, and on the west by Seely township.

The average elevation, above sea level, of this town is, twelve hundred and fifty feet, but there is one elevation, or point of land which is fourteen hundred feet. There is a range of morainic or drift hills in this town designated by the State geologist, as the "Kiester Hills," and which extend, in a northwestern direction, - some twenty miles to the southwest part of Lura township. We quote here from Vol. I, "Geology of Minnesota:"

"The most hilly portions of Kiester are its south side, for a width of one mile, and a belt through its northeast part, from section 13 to sections 3 and 4, in which are the most prominent of these hills, visible fifteen miles to the north and west.

Their height is from 100 to 200 feet above the lowlands, * * * the highest points, which are in the S. W. i of section 3, being about 1,400 feet above the sea. These are massive hills of till, of irregular outlines." * *

These hills, on section 3, are not only the highest lands in the town, but constitutes the summit, or crowning elevation, of the county, and of a large scope of country, in every direction, surrounding them. And considering the general elevation of this town above sea level, the people of the town, going anywhere in the county, outside of their town, may be said to'be 'going down' to the place visited, and persons going to this town, from any part of the county, are 'going up' to the town.

"Between the hill ranges of the north and south parts of this township, its central portion, for a width of two or three miles, is moderately undulating till. * -* * In sections 8, 17, 20 and 29, through the west part of Kiester, a series of hills of till, 60 to 75 feet high, connects the west ends of these ranges, and forms the west border of the lower tract between them, except at the gap through which Brush creek flows."

The general surface of the town, as indicated, is quite high, dry and rolling. The soil generally is deep and as fertile as any in the State. There are numerous gravel beds in the town, which, at no distant day, will prove of considerable value for various purposes. The township is entirely prairie, there being no native timber in it whatever, but numerous groves of forest trees have been planted by

Iho residouls which are changing the appearance of the country very much, and adding greatly to the beauty of the landscape and to the comfort of its homesteads. Brush creek has its sources mainly in this township, and is the only stream of running water in it, but there are here a number of fine springs of clear, cold water.

"A copious spring, much resorted to by cattle, * * issues near the middle of section 14, upon land twenty-five feet higher than neighboring depressions, and a hundred feet below the highest hills, near the northeast and northwest."

Aboriginal Mounds

Two mounds, apparently artificial, which are circular, and about twenty feet in diameter, and a foot and a half in hight, are found near the center of section nineteen.

The Name

This town was named "Lake" by the special commissioners in 1858, under the erroneous impression that it contained a number of lakes. There are, however, no lakes in the town.

It appearing subsequently that there was another town in the State of this name, the State Auditor directed the name to be changed, and accordingly on the fourth day of January, 1859. the board of county supervisors named the town "Kiester," after one J. A. Kiester, of Blue Earth City, whose name appears occasionally in this history of the county.

Mr. Kiester was born in Pennsylvania in 1832. He received his education in the common schools and at Mount Pleasant and Dickinson colleges, in that state. He served an apprenticeship of four years in learning the mercantile business and book-keeping. He subsequently studied law, and was admitted to the bar in 1855.

In 1856 he came west to Wisconsin, where he remained some months. In April, 1857, he located at Blue Earth City, where he has ever since resided. He was married in December, 1859, to Miss Caroline Billings, of this county. They have had six children, one of whom died in infancy. Since coming to this county, Mr. Kiester has been county surveyor, register of deeds, member of the lower House of our state legislature in 1865, county attorney, judge of probate court over twenty-one years, and state senator four years. He is a Mason, and a member of Blue Earth City lodge, of which he was twice W. Master, and he was subsequently chosen twice Grand Master of Masons in Minnesota.

Mr. Kiester has always been a republican in politics, and he and his family are members of the Protestant Episcopal Church at Blue Earth City, of which he has been a lay reader for some years. He was the writer of this history of the county.

First Settlement

Owing to the want of native timber in this town, and the further fact that much of the land was owned by speculators, this was among the last towns in the county to be settled.

Eli E. Judd and A. W. Judd selected lands here, about the first of November, 1865, and about the middle of December following, J. E. Wing, selected a tract of land for settlement. These jjersons did not remain during the winter, but on the seventeenth of May, 1866, they returned with their families and located on the lands previously selected by them, on sections 20 and 21. On the next day. May 18th, Henry Conrad and George L. Conrad settled in the town, on section nine.

Henry Conrad, one of the very first, if not the first actual settler of the town, as has been claimed, settled here in May, 1866. He was born in Oswego county, N. Y., in 1829. He learned the trade of carpenter and builder. In 1854 he went to Chicago, and worked at bridge building. On the fifteenth of December, 1854, he was married to Miss Sophia Cooley, of New York. They have eight children. He removed to Wisconsin, where he continued to reside until the spring of 1866, when he settled in this township, as above stated, and now has a large and valuable farm. Mr. Oonrad served in the army during the rebellion and is a republican in politics. George L.. Conrad, a brother of Henry, and also a resident of this town, was also born in the state of New York, and came to this town with his brother Henry, and became one of the prosperous farmers of the township. We have no further notes of Mr. George Conrad's personal history, that we may give the same in more detail.

Among the other early settlers were Hiram Wing, C. B.Wlng, A. J. Guernsey, George Greely, Ole F. Mondale, Charles Oliphant, George Doust, Sylvester Payne, J. E. Wing and Albert Elston.

Educational

The first school house was erected on section twenty-one, in 1868. It was a frame building, eighteen by twenty- eight feet; well finished, and at the time it was built, was among the best school houses in the county. This was known as the Judd school house. There is a good school library of over one hundred volumes, at this school house. The second school house, which is a very good one, was erected about the year 1870, on section ten (10) and is known as the "Con-

G24 History Of Organization

This town was attached by the special commissioners, in 1858, to the town of Seely, for civil piirpose.s. and so remained until January 4th, 1872. when it was set off by the county commissioners, on a petition of the inhabitants, and was soon organized as a separate town.

The first board of town officers, at the organization of the town, was composed of the following named citizens: Supervisors, S. Payne, chairman, J. N. Price and A. J. Guernsey; town clerk, J. E. Wing; treasurer, H. Conrad; assessor, Ole P. Mondale; justices of the peace, Thos. Robertson, and G. L. Conrad; constables, Geo. Doust and C Oliphant.

The town officers during the last year of this sketch - 1879 - were the following named persons: Supervisors, Ole P. Mondale, chairman, J. Harvey and E Oliphant; town clerk, G. G. Goodwin; treasurer, C. Oliphant; assessor, S. Payne; justices of the peace, J. Trattles and H. Mondale; constable, H. Doust.

Religious And Other Societies

Religious services have been regularly held here for many years, by the Episcopal Methodists, who had a small society, or class oi'ganized about the year, 1872. Other religious bodies have also held public services here. A Grange of the Patrons of Husbandry was organized in the town, on the tenth day of July, 1873. Wm. Billings, master; A. Eaton, secretary.

Items Of Interest

The first boy born iu the town was Willard Conrad, son of Henry Conrad. He was born on Christmas. 1866. The first girl born here was Mary E. Judd, daughter of E. E. Judd. She was born March 25th, 1867.

The first marriage in the town occurred on the twenty fifth day of October, 1868, when A. W. Langworlhy and Miss Fidelia Wing, and C. B. Wing and Miss Henrietta Calkins were married by Rev. S. L. Rugg.

The first death that happened in this town, was that of William Cozard, who died in the fall of 1872. He was almost dead, with "consumption," when he came into the town, and died aboutaweek after his arrival.

Statistics

By the census of 1870, which was the first taken in this town, the population was 61; in 1875, there were 89 inhabitants; in 1880, 130. The American born inhabitants are largely in excess of other nationalities.

The assessor's reports, for 1879, show that there were, that year, in the town, 83 horses, 116 cows, 123 other cattle, 153 sheep, 50 hogs, 27 wagons and carriages, and 7 sewing machines, with much other property. The assessed vahie of real estate, for that year, was $112,343; the assessed value of personal estate, $7,149; total, $119,492. Total tax assessed on the same was $1,056.38.

This sketch may now be concluded by a brief statement of the names of a number of residents who had settled in the town prior to the close of 1879, in addition to those already mentioned. A. A. Anderson, S. P. Corr, Fred Conrad, Andrew Eaton, H. Ford, J. Godding, G. S. Goodwin, E. Hays, J. Harvey, S. Johnson, H. F. Mondale, O. F. Mondale, C. Oliphant, W. Oliphant, F. Oliphant, E. Oliphant, M. Oliphant, S. N. Payne, H. O. Stage, H. E. Stage, David Salisberry, Z. C. Sisson, E. Trattles, H. A. Waldreff.

The writer is indebted to Messrs. E. E. Judd and Hiram Wing for many of the facts set forth in this slcetch of Kiester, and for the tables of town officers.

The history of this town is quite brief and uneventful, yet its future may be as prosperous and important as that of any town in the county.

Section One

A county, as all know, is a subdivision, or portion of the territory of a state, or nation, established for civil or governmental and other purposes. It is sometimes known, as in England, by the name of "Shire."

As to the origin of the civil divisions known as the county, such as we now have it, it is probable that it was first instituted by King Alfred, of England. Blackstone says: "For to him we owe that masterpiece of judicial polity, the subdivision of England into tithings and hundreds, if not into counties." We derive these divisions from England. However, similar subdivisions of territory, under other names, as province, department, canton, parish - and with various civil powers, not just such as ours, existed before Alfred, and we find them in some form in all civilized nations, to-day. They are a necessity to convenient and orderly government, whether monarchical, or republican.

As to the establishment and organization of our county, the reader is referred to the history of the years, 1855 and 1856. In the United States, these subdivisions of territory are known in all the states, and in all with similar powers, by the name of "county," except in Louisiana, where they are known as "parishes."

as well as the local revenues, for the support of government - in the election of National, State and legislative officers, and the canvassing of the votes and returns thereof; in the matter of the public schools and education; in the administration of justice; in the preservation of the public peace, the public health, and public order. If in all these matters we were under the immediate control, and were directed by, and had to report to, officers of the State, at the capital, whose surveillance was extended over us, we should soon discover that the evils of such a system would be intolerable.

In this State, a county is a body politic and corporate, and may sue and be sued - may purchase and hold real and personal property for the use of the county, and make order respecting the same, and make contracts in relation to the property and concerns of the county, etc.

Counties as organized in the United States, are a valuable, an almost indispensible requisite to local self-government, always a matter of great importance in the preservation of the rights and liberties of the people. The distribution of governmental powers relating to most of the practical affairs and interests of life, to the people of such districts, brings such power nearer home to them, and more under their control, and prevents that centralization and concentration of power in a common head, or locality, which leads to absolutism.

We may here reiterate the caution already expressed, that in a government such as ours, of, by and for the people - the system of self government - we should look with suspicion upon, and severely scan any proposition which tends to limit, control, or abridge our powers of self government, either in our towns or county. Always remembering, however, that we are as much citizens of the state and nation as of the county or town.

Every county is, so to speak, a little government within itself. It has a capital city, or town, known as the county seat, or shire town; a capitoI building, which is the court house; a limited legisla tive and supervisory power in its board of commissioners; its judicial system - its courts being the district court, of general civil and criminal jurisdiction; courts of probate and courts of justices of the peace; and its executive and administrative functions, exercised by various other county officers - all this, however, existing by and subordinate to the laws of the State.

In the following historical sketches of the several county offices, the writer has thought it expedient to set forth, briefly, the legal duties and peculiar characteristics of each office, as there are many who are not fully informed as to the special duty, powers and

And who were the persons named in these sketches, who served the public during these yearsy Prom whence came they, and what of their lives, labors and achievements? These questions the writer has sought to answer in the brief biographical and personal notices here given, for they, witla many others, were of the number of those who, some in a larger and some in a smaller way, have helped to make, and are a part of the history of our county.

Section Two The Judges And Clerks Op The District Court

The district court is a court of general common law jurisdiction in civil and criminal cases, and has a clerk and seal. It is presided over by one judge.

When the county was orgapized, it was attached to Blue Earth county for judicial purposes, but was by act of the legislature, of 1857, detached from that county, and became entitled to terms of court within the county.

By act approved May 23d, of the same year, it was placed in the third judicial district, comprising a number of counties and the judge was authorized to appoint a clerk of court in each county.

Subsequently, by the constitution of the State, this county was placed in the sixth judicial district, where it still remains. By act passed August 12th, 1858, the county was given one term of court annually, to be held on the first Monday of April of each year.

By act approved March 5th, 1870, the county was allowed two terms annually, commencing the first Tuesday of January and the first Tuesday of June.

The principal duties of the office of the clerk of the district court are to keep accurate minutes of the proceedings of each term of court - to enter up all judgments, decrees and orders of the court - to keep a docket in which the name of each party to a judgment is entered alphabetically, with the amount and time of entry of judgment, to file and preserve all papers pertaining to each case. There are other duties also pertaining to the office.

Marriage licenses ai-e issued by the clerk, and a record of marriage certificates kept by him, and the births and deaths in the county are annually reported to the clerk, and a record kept thereof, and he has now very important duties to jierform in relation to the public taxes.

The first term of the district court of this county was held in April, 1859, for a full account of which the reader' is referred to the history of that year.

The office of judge of the district court is a very important and honorable one, and the question as to who shall be placed in the office is a matter of perhaps greater concern to the people than any other which they are called upon to determine by their votes. As is the judge, so will this highest local tribunal be. To fill this high office efficiently, in air respects, requires talent and learning of a high order, combined with great firmness, independence, prudence, good sense and incorruptible integrity. It is a position of hard, and often perplexing labor, and of grave responsibility.

The importance of this office to the people, may be shown by a very simple illustration. The laws- may be violated, our private rights trampled uj^on, our property illegally taken from us, or we may be injured in person, or reputation, but we have no place to resort to but the courts, to vindicate or enforce our rights, or right our wrongs. But if the courts are weak, or corrupt, the tools of sharpers, shysters and villains, if justice is obtained, not freely, but by purchase, not completely and without delay, but after harassing and expensive waiting, if at all, what then? We may answer simply in the homely phrase, which all can understand, "the bottom of everything has fallen out." It is only in the confidence and assurance of the supremacy of the laws and their enforcement by able and incorruptible courts, that civilized society lives and moves and has a being. Take this away, and anarchy, mob- law and the rule of the strong and bloody hand appear.

The people do well, when called upon to elect their judges, to weigh deliberately, the vote they are about to cast. And here, at least, party affiliations merely, church or social relations, are not to be considered, and political intriguing and trading are wholly out of place. Interests, too grave to be thus influenced, are at stake. Better make a mistake in any other oifice than in this. Chief Justice John Marshall said:

"The judicial department conies home in its effects to every man's fireside. It parses on his property, his reputation, his life, his all. Is it not to the last degree important that he (a Judge), should be rendered perfectly and completely independent with nothing to control him but God and his conscience? The greatest scourge * * ever inflicted upon » a people, was an ignorant, corrupt or dependent judiciary."

always, in some degree, injustice, because of man's incapacity to apportion and exactly, the punishment to the offense, in any given case. For man cannot accurately weigh motives, influences, education, provocations, and mental conditions. God alone can perfectly do that. Hence it is apparent that our judges should be our wisest, most conscientious, discerning, independent and incorruptible men, for they are best qualified to administer e.Kact justice, according to legal intent.

It is with unfeigned pleasure that the writer bears testimony to the fact that our judicial district has always been highly favored in the ability and high character of its judges. Hon. Lewis Branson, of Mankato, Minn., was the first judge who presided at our terms of court, which office he held until the close of the year, 1864. Judge Branson resided at Mankato. where he was engaged in the practice of the law until his election to the judgeship. Some time after the expiration of his term of office, he removed to California. The writer has been unable to obtain any farther facts of Judge Branson's personal history.

Hon. Horace Austin, of St. Peter, Minn., was our next judge. He was elected to the office in November, 1864. and resigned September 30th, 1869.

Gov. Austin was born in the State of Connecticut, in the year 1831. His father was a blacksmith and tautrht his trade to his son Horace. Horace received his education in the common schools and at an academy, and he became a school teacher. He studied law four years with Messrs. Bradbury and Morrill, of Augusta, Maine. In 1854 he came to the great west, and reached Minnesota in 1856, and in March, 1857, located at St. Peter, and entrajred la the practice of the law. He served as captain of a company of cavalry, in (Jen. .Sibley's expeditien against the Indians, in 1863. In 1864 he was elected judge of this district, as we have seen above, and served in that capacity until his resignation. He was elected Governor of the State in 1869, and was re-elected Governor in 1872, for a second term, which he served, after which he retired to private life, engaging in agricultural pursuits and milling, at Minnesota Falls.

Hon. M. G. Hanscomb, of St. Peter, was appointed to fill the vacancy arising from the resignation of Judge Austin, and was judge of the district from October 1st, 1869, to December 31st, 1869.

Hon. Franklin H. Waite was elected judge in 1869, and presided over our courts for the next five years, when, owing to ill health and advancing age, he resigned, after the June term of 1874.

Judge Waite was born in Windham county, Vermont, in February, 1813. When a boy he removed with his parents to Jame«town, New York. lie, early in life, showed a great preferance for the profession of law, and after sulticient study, was, at the age of tw(>nty-three years, admitted to practice by the supreme court of the state of New York. Five years later he was appointed In that state, judge of the court of common pleas, which position he held until that (illice was atiolished. During President Poll; 'sad ministration, he was post- master at Jamestown, N. Y. Afterwards he came west and located at Fonddu-lac, Wisconsin, and engaged in the practice of his profession. In 1860 he came to Minnesota and located at Man Icato, pursuing his profession. He was elected to the State senate of Minnesota in 1867, and in 1869 was elected judge of this district as above stated.

Judge Waite's political affiliations were with the democratic party, and during the war of the rebellion, he was a strong Union man. He was an earnest anti-monopolist, and a strong opponent of the national banking law. He died at Mankato, March 4th, 1884, at the age of seventy-one years.

Hon. A. C. Woolfolk, of Mankato, was appointed to fill the vacancy occasioned by the resignation of Judge Waite. He presided at the January term in 1875.

Daniel A. Dickinson, of Mankato, was elected our district judge at the general election of 1874, and presided from the commencement of his term, except at the January session of 1875, until the June term, 1881, when he was appointed by the governor of the State, one of the associate justices of the supreme court of the State. At the general election of 1881 he was elected by the people to that high office.

Mr. Dickinson was born October 28th, 1839, at Hartford, Vermont. His father was a farmer and merchant. When Daniel was about si.x years old his father and family removed to Boston, Massachusetts. Daniel's parents dying when he was yet (luite young, he spent his youth under the guardianship of his grandfather, at West Lebanon, New Hampshire. He entered Dartmouth college in 1856, and graduated in I860.. He read law at Plattsburgh. New York, and was admitted to the bar in 1862, but before commencing practice he enlisted in the naval service of the United States, as acting paymaster, and served until 1865. He returned to Plattsburgh where he engaged in the practice of his profession until 1868. On June 11th, 1867, he was married to Miss Mary E. "Weed, of Plattsburgh, New York. In 1868 he came to Mankato, in this State, and engaged in practice until elected judge, as above stated. On his promotion to the supreme court, he removed to St. Paul, the capital, where he now resides. Judge Dickinson was re-elected associate ju-Jtice of the supreme court in 1886. He was not re-elected in 1892, and has since been engaged in practice.

Hon. Martin J. Severance succeeded Judge Dickinson, being appointed to the office in 1881. At the general election of 1881, he was elected judge.

Mr. Severance was born December 24th, 1826, in Franklin county, Massachusetts. He received an academical education in his native county, and commenced the study of the law in 1849, and was admitted to the bar in 1853. He practiced law in Chicopee, Massachusetts, several years, and then left bis native state, coming to Minnesota, and locating at Henderson, Sibley county, where he was engaged in practice from 1856 to 1862, most of the time as county attorney. He enlisted, in the summer of 1862, as a private soldier, in the military service of the United States, and, after twenty months' service, was elected and commissioned captain of his company, and served three years, and was mustered out, with his regiment, August 18th, 1865. Returning home, Mr. Severance located at Le Sueur, this State, and practiced there until 1870, when he removed to Mankato. Judge Severance was married June 16lh, 1858, to Miss Elizabeth P. Van Horn, of Chicopee, Massachusetts, and they have three children. He was a member of the House of Representatives, of Minnesota, in 1859 and 1862. He was re-elected judge in 1886, and again in 1892.

The Clerks

The first clerk of the district court of this county, was John M. Jackson. Jr., of Blue EartVi City, who was elected to the office October 13th, 1857, and he was also appointed to the office by the district judge, March 26th, 1858. He appointed Geo. li. Kingsley deputy, October 18th, 1858. He resigned the office January 3d, IHGO. Mr. Jackson came to this county in the .sprinj; of 1857, and "made a claim" near l!lue Earth City. While a resident here, he was, for a while, enga^'ed in the luiTcantlle business, and was deputy postmaster for some time. He was a democrat in politics. He left the county at an early day, returninR to his former home, Peru, Indiana.

On the resignation of the office by Mr. Jackson, January 3d, 1860, Geo. B. Kingsley, on the same day, was appointed clerk by the county board. At the next general election, held in November, 1860, Mr. Kingsley was elected clerk, and served the full term. He appointed Wm. Dustin, deputy clerk.

George B. Kingsley

His father, Israel C. Kingsley, was an old resident of Delaware county, and engaged, for many years, in the trade of carriage and wagon maker. He had a family of eight children.

(ieorge B. received his education in the common district schools. Hi' learned the trade of his father, commencing wlien quite young, and followed it for a number of years in his native state, and also in Minnesota.

He came to the West in 1854, and located at .St. Paul in this State, where he remained until the next summer, when he removed to Shakopee, Scott county, in this State. Here he remained some thri'e months, when heconcluded to return to New York state, but stopped at Ri'd Wing with relatives during several months. Here a town site company was formed to go up into the Lake Superior region, which he joined, but finally gave up this project. He then bought an interest in the town site of Carver, in this state, and went there with the intention of staying, but finally sold out his interest. In March, 185(5, he mot James B. Wakefield, and concluded to \initc with him and others in the project of laying out Blue Earth City, and he came to this county in that month, and subseijuently purchased a one-eighth interest in the Itiwn site.

Mr. Kingsley was the first justice of the peace and the first postmaster in the county. In 1857 he was elected a member of the House of representatives of the first State legislature. In 1860 he became clerk of the court, as we have seen before.

Having turned his attention to the law, Mr. Kingsley was admitted to the bar June l.'ilh, 1870, and engaged, for some years, in the practice of law at Blue Earth City.

After the completion of the railroad to Blue Earth City, Mr. Kingsley, in company with several other persons, engaged in the warehouse and wheat buying business.

Ii. J. Neal

Mr. Kingsley has frequently been justice of the peace, town clerk, member of the board of town supervisors a number of terms, chairman of the board, a member of the city council, president of the council, and a member of the board of education, of Blue Earth City independent district.

Mr. Kingsley and wife are members of the Presljyterian church. His political relations were with the democratic party for many years, but afterwards with the prohibition party. His name appears frequently in this history in connection with public events.

Mrs. Kingsley, who has for some years been somewhat interested in literary pursuits, published, in 1887, an instructive and well written volume, entitled "Heart or Purse," which has been very kindly received and much commended.

Mr. Kingsley died at Blue Earth City January 8th, 1894. John K. Pratt, of Blue Earth City, elected in November, 1864, next assumed the duties of the office in January, 1865, and held the office until his death. On his demise, James C. Pratt, of Blue Earth City, was appointed clerk by Judge Austin, in April, 1868.

John K. Pratt was a native of Ohio, born in 1837, and emigrated with his father to Wisconsin in 1844. He was married in 1857, and came to this county in 1858. He died in March, 1868.

His brother, James C.Pratt, was a Vermonter, born in that state April 23d, 1833. He emigrated with his father to Wisconsin in 1844, and came to this county in March, 1860. He was married to Miss Harriette Catlin, of Wisconsin, in August, 1861, and returned to this county the same year. Here he engaged in farming for some years, and subsequently removed to Blue Earth City and engaged in merchandising, which has been his business ever since.

Mr. J. C. Pratt appointed as his deputy, Henry J. Neal, of Blue Earth City, April 13th, 1868, who performed the duties of the office as deputy, until after the next general election, held in November, 1868, when he was elected clerk.

Mr. Neal was re-elected in the years 1872, 1876 and 1880. He was not a candidate for re-election in 1884. He served as clerk nearly seventeen years.

Mr. Neal was born in the old Granite State (N. H.), at Woltborough, on the seventeenth day of May, 1834. His father, Harry Neal, was a farmer and land surveyor by occupation. He emigrated to Canada, where he remained a year or so, engaged in school teaching, and then removed to Niagara county, state of New York, where he died, when Henry was about eight years old.

Henry received his education in the common schools and learned the trade of wheelwright. He emigrated to Wisconsin in 1849, and engaged there somewhat in the lumber business.

He was married in 1856 to Miss Esther B. Silliman. Mrs. Neal died Feb-, ruary, 1889. Mr. Neal came to this county in April, 1858. and settled at Blue Earth City, where he continued to reside until his death.

He enlisted in October, 1862, in the regiment of the Minnesota Mounted Hangers, and was with Gen. Sibley in the expedition against the Indians. In August. 1864, he againenlisted in Company "C," Eleventh (11) Regiment Minn. Infantry, and became first lieutenant of the company. He went south and served until the close of the war, being mustered out with his regiment in July, 1865.

On his return home he engaged in the manufacture and sale of household furniture, for some years. He was chairman of the board of town supervisors, held the office of justice of the peace for some time, and was a member of the hoard (if county coiuruisskinLTs pearly two terras, of which board he was chairman in the years 1867 and 1868, and was clerli of the district court as above stated. After leaving the otllce of cleric, he engaged in the insurance and real estate business until May, 1891, when failing hi'Slth required his retirement. ITe died .lanuary 27th, 1890, at .Jacl<sotiville, Florida, where he had resorted for several winters on account of the mildness of the climate. Mr. Neal was a member of the Masonic fraternity for many years, and was always a republican in political sentin)ent. He was for four years chairman of the Republican Congressional Committee of the second district.

Section Three The Probate Court And The Judges

There is established, in each organized county in this State, a probate court, which is a court of record, having a seal. The probate court has exclusive jurisdiction, in the first instance, to take the proof of wills, to grant and revoke letters, testamentary and of administration; to direct and control the conduct, and settle the accounts of administrators and executors; to eaforce the payment of debts and legacies, and the distribution of the estates of intestates; to order the sale, and dispose of the personal and real property of deceased persons; to ai^point and remove guardians, and direct and control their conduct and settle their accounts, and to take the care and custody of the persons and estates of insane persons, habitual drunkards and spendthrifts, on proper application. The court is invested by law with ample powers to execute its duties. This court is open at all times for the transaction of business, but a stated. or regular session, is held the first Monday of each month. Full and complete records of all the proceedings, orders and decrees of the court, are required to be kept. The judge of probate court holds his office for two years, and he is required to take an oath of office, and give an approved bond for the faithful performance of his duties. He is authorized to appoint a clerk of court. The judges were formerly paid by fees for their services, by the persons interested in estates, but, by act of legislature, passed in 1875, it was made a salaried office. The judge of probate is also invested with the jurisdiction to hear informations, or complaints, as to insane persons, residing in the county, to direct their examination and commitment, if found to be insane, to the hospitals for the insane. And this is a most delicate, difficult, important, and, withal, a very unhappy official duty, and recjuires the utmost care and circumspection, that no errors may occur, and no wrong may be done to any one. Summarizing briefly, it is sufficient to indicate the importance of this office, and the interest we each have in it. to say that our business and estates, whether much or little, are left, and often left very suddenly, and in much confusion, mainly, for final settlement and disposition, when we cannot personally be present to explain our affairs or protect our rights, or the riglits of those who survive us, to the ability, integrity and sound judgment of the judge of the probate court.

Jas. B. Waliefield, of Blue Earth City, was the first judge of probate of this county. He was appointed by the county board, April 6th, 1857, and was elected judge at the general election held in October of the same year. He resigned the office on the fourth day of November, 1857, and the office became vacant.

The first estate brought before the court was that of one Alphonso Brooks, who was killed in a quarrel about a claim in October, 1856, a more full account of which will be found in the history of that year.

It was provided by the law in force in 1858, that "in case the judge of probate is unable to act, or if the office be vacant, then the said court must be held by the district attorney of the county.

W. W. Knapp, appointed district (now county) attorney, April 5th, 1858, performed the duties of judge of probate, until the next general election.

At the general election held in October, 1858, Guy K. Cleveland, of Winnebago City, was elected judge. He resigned theoiiice January 2d, 1860.

Mr. Cleveland came to this county in 1857, or early in 1858. He was a lawyer by profession. He was elected representative in the State legislature for this district in 1859, and State senator in I860, for two years. He subsequently removed to Mankato, where ho became the proprietor and editor of a weekly newspaper, which he controlled for many years. He is now dead.

Mr. Robertson was born in Albany, state of New York, December 12th, 1806. His father was a mason by trade. He died when William was but four years old. When about sixteen years old, William was apprenticed to learn the blacksmith's trade, and he followed this occupation some thirty-flve years. His education was obtained in the common schools of the county.

He accompanied his mother and family on their removal to Green county. N. Y., and from thence, in 1817, to Delaware county in that state. While here he was married to MissMarthaP. Maxson. He removed to Chemung, N. Y., and In 1844 he emigrated with his t'aniily to Fon du Lac county, Wisconsin, and remained there until 1857, in the spring of which year, he came to this county and settled on a farm in the town of Verona. He had, however, visited the county in the autumn of 1856, and looked out his location. Here he engaged in farming, until in December, 1862, when he removed to Blue Earth City, where he has resided ever since.

While in Wisconsin, Mr. Robertson was a town and county supervisor, and a justice of the peace, some thirteen years, and for a time postmaster at Rock River. He has been a town and county supervisor, in this county, (in 1859 and 1860), judge of probate in 1860, as we have seen above, and sheriff of the county in 1864 and 1865.

Mr. and Mrs. Uobortson have been for nearly half a century, members of the M. E. church. Mr. R. was, in the early part tif life, a democrat, and his first vote for president was cast for Andrew Jackson. lie became a whij;, after Mr. \nn Huren's eh'Ction, and when the republican party arose, he became a reiHiblican.

Amos Preston, of Elmore, elected in November, 1860, was our next judge of probate. Heretofore the business of the probate court had been very limited, owing the sparce settlement of the county, but it now began to increase and became considerable, during the incumbencj' of Mr. Preston. Judge Preston was re-elected for a second term in November, 1862. At the general election in November, 1864, George Hart, of Delavan, (then Guthrie) was elected judge, but declined to accept the office, and Judge Preston held over until the next general election, November, 1865, when he was again elected and served until the close of 1867.

Mr. Preston was a New Yorker. He was born in Oneida county, March 16th, 1810. His father was a farmer. Amos was raised on a farm, and he was engaged in business as a farmer during life, thuugh he was for some live years engaged (luitc extensively in lumbering in his native county, in connection with his farming interests. Hiseducation was such as could be obtained in the common schools of the time. At twenty-one years of age he struck out Into the world for himself. He was married in 1834 to Miss Maria Wilson. They have had nine children, three of whom are now dead. In 1852, the great California gold fever being at its height, Mr. Preston concluded to try his fortunes in that ili-stant land and went there by sea. Here he remained about three years, and then returned home and emigrated from thence to Delaware county, Iowa, where he tarried abouta year, and in IS")? came to this county. Here he took a claim, broke up some land and bought some timber during the summer, and in the fall he brought in his family, and remained here since. Mr. Preston was originally a whig, but was a republican since the organization of that party. Mrs. Preston died in 1881. Mr. Preston never connected himself with the church, but his wife was a member of the Presbyterian church and four of his chidren are church members. Mr. Preston has frequently held town offices and was for a number of years, a member of the county board of which he was chairman in 1875. He sold out his property interests in this county in 188G, and went to California. He sul)sequently returned to Minnesota and resided with his son-inlaw, Harrison Pratt, at Minneapolis, until his death, which occurred in 1888.

A. P. De La Vergne, of Winnebago City, elected in November, 1867, succeeded Judge Preston. He held the office until July, 1869, when he resigned and removed to the state of Iowa, where he has since died.

.ludge De La Vergne was born in France, about the year 1S16. He came to America when a child, to the state of New York. He came to Minnesota and settled at Le Sueur, Minn., in territorial times. He was a shoemaker by trade and subseciuently a lawyer by profession, and practiced at Le Sueur. He was a member of the Lower House, seventh session, (representing the tenth district in the territorial legislature, which assembled January 2d, 1856. He became a resident of this county about 1864, locating at Winmbago City. He was justice of the peace of Winnebago City some four year>. He was elected court commissioner of this county in 1867 and qualitied. Judge De La Vergne was a ruarried man, but his wife did not reside with him while he lived in this county.

After the resignation of Judge De La Vergne, J. A. Kiester, of Blue Earth City, was, on the second day of August, 1869, appointed judge by Gov. Marshall. Heretofore no permanent records in books, such as the law requires, had been kept of the proceedings of the court. The business and papers during the course of years, had greatly accumulated, and were in much confusion and disorder when the matter being called to the attention of the county commissioners, the following resolution was adopted September 7th, 1869.

Resolved, That J. A. Kiester, Judge of the Probate Court, be and is hereby employed and authorized by this board, to arrange and flle the papers pertaining to the several cases in said court, in proper order, and write up the minutes of the proceedings of said court, make the records required by law of the appointment of executors, administrators and guardians, in suitable books to be provided by the county, and that for such services he shall receive such reasonable compensation from the county as may hereafter be allowed by this board."

By virtue of this resolution, and the provisions of the statute authorizing judges to complete all unfinished business of the court, the duties assigned in the above resolution were performed.

Section Four The Court Commissioners

was reduced to the ludicrous necessity of applying for his writ to that anomalous oflBcer - a sort of mysterious fifth wheel of our judicial system - a court commissioner, for his writ. What a court commissioner is for, probably no one ever knew before. No one ever heard before of a court commissioner doing anything. The office is indeed created by statute. But no salary is attached to it, and it is usually filled by some obscure fledgling of an attorney who is learned in the law only by a courteous professional fiction. The very existence of such an office is unknown to the great majority of people, except as they are reminded of it once every three years by seeing it figure on the printed tickets over the name of some one that nobody knows, as a candidate for its obscure and empty honors. It has been a popular mystery what was the use or functions of a court commissioner. It now turns out that his chief use is to do things in the judicial line which no court could be persuaded to undertake,- to assume powers which the superior courts have uniformly decided to be beyond their province. 'For fools rush in where angels fear to tread.' "

By the statutes, "coui-t commissioners shall be men learned in the law, and shall have and may exercise the judicial powers of a judge of the district court at chambers." More definitely stated, a court commissioner may grant writs of attachment, writs of injunction, writs of habeas corpus, approve bail bonds, recognizances, and appeal bonds in certain cases, and various other duties which need not be named here. He has also power to administer oaths and take acknowledgements. His term of office was, formerly, three years, and he is required to take an oath of office and give an approved bond in the sum of §52,000. He is required to keep a record of all proceedings had before him. By the act of August 4th, 1858, the powers of court commissioner were conferred upon the judges of probate. The law was soon changed, however, and the office was made a separate one. Yet from the fact that the two offices had been previously combined, the practice grew up in this, as in many other counties, of electing the judges of probate, as court commissioners. A very correct view of the true character of this office is stated in the following quotation:

"It is well known that the peniuisitos afforded by the position are inconsiderable - amountinff, practically, to nothing at all, hence, on that ground, no one could desire to hold the olllce, hut it i.s nevertheless, one of much responsibility, and requires special fltuess in the incumbent. The duties are co-extensive with those of a District Judge - sitting at chambers, or in vacation, for the hearing and determining of applications and motions, and for the issuance of writs and orders - hence it will be seen that even though the place is not a lucrative one, the honor which it confers, and the responsiliility which it devolves, are very considerable."

At the general election held in November, 1860, J. A. Kiester was elected court commissioner, and on the third day of September. 1862, resigned the office. Geo. D. McArthur was elected to the office in November, 1862, but did not qualify. Amos Preston was elected in 1863, and George Hart was elected in 1864, and Reuben Waite, in 1866, neither of whom qualified, and the office remained vacant. At the general election of 1867, A. F. DeLaVergne, of Winnebago City, was elected and qualified. Up to this time no business had ever been transacted by the commissioner, and there was but one transaction during the term of Mr. DeLaVergne. The office soon became vacant again by the resignation of Mr. De La- Vergne. At the general election of 1869, J. A. Kiester was again elected to the office, and as the public convenience had come to require that some one should hold the office and perform its duties, he accepted it. He was re-elected in the years 1872 and 1875, 1879 and 1882, and resigned the office in March, 1885, having held it over fifteen consecutive years. The court commissioner is paid by fees prescribed by law, and have amounted from 0, to as great a sum, in some years, as forty dollars.

Section Five

The county attorney is the law officer of the county, as the attorney general of the State, and the attorney general of the United States are the law officers of the State and general governments. His general duties, as prescribed by statute, are to appear as attorney in all cases where the county is a party, to give opinions and advice to the county officers upon all matters in which the county is interested; to attend all terms of the district court and other courts of criminal jurisdiction, and attend all preliminary examinations of criminals, when the magistrate so requests him, and furnishes him with a copy of the complaint; to attend before the grand jury and give them advice; draw presentments and indictments, examine witnesses, and issue process for witnesses; prosecute all presentments and indictments, and attend all coronor's inquests, when requested.

He is required to take an oath of office, and give bond to the board of commissioners. He is paid for his services by salary fixed by the county board. His term of office is two years.

It may be well to observe that the supposition that "any lawyer is good enough for county attorney" is a stupid mistake. A negligent, dishonest or incapable attorney may involve the county in great expense and fruitless lawsuits, and, in the administration of criminal justice, may betray the county and the public, or utterly fail in the prosecution of offenders, to the great disparagement of the public peace and good order.

The first county attorney of this county was, probably, James B. Wakefield, who may have been, and very probably was appointed to that office, but no record evidence of the fact can now be found.

"Wm. W. Knapp, of Blue Earth City, was appointed to the office by the county board, April 5th, 1858, and duly qualified, and acted in that capacity a short time.

William W. Knapp

Mr. Knapp was a New Yorker by birth, and came to this county in 1857. He dealt somewhat in land, and was a school teacher, surveyor and attorney. After remaining for several years he went to Missouri, thence to Pike's Peak, and from thence to Idaho, and finally returned to the state of New York, to his old home, where he married, and then returned to Minnesota, and located at Faribault, Rice county, whore.he engaged in the hardware trade. From thence he removed, after some years, (in 1870) to Mason City, Iowa, where he resided at the time of his death.

The office soon becoming vacant, we find that Jo. L. Weir, of Winnebago City, was appointed attorney January 4th, 1859, and assumed the duties of tlie office.

Jo. L. Wi'ir was born in Robertson county, Tennessee, in 1821. He received his education in the common schools and at the Franklin college, Tennessee, which he attended for some time, but did not graduate. He studied law in his native county and was there admitted to the bar, and practiced his profession a short time. In 1857, in company with his brothers, George and Daniel, he came to this county and settled near Winnebago City, where they took lands imder the pre-emption law. Mr. Weir engaged to some I'Xtent in the practice of the law In this county, but gave his attention principally to farming. I)iirlng the "school examiner" system in this county, he held that offlce for .soiuc time in his commissioner district. Mr. Weir never married. In 1867 he returned to Tennessee, where he now resides.

On the fifth day of March. 1860, the county board declared the office again vacant, and by resolution authorized the county officers to employ attorneys when necessary.

Mr. Wakefield now re appears as the law officer of the county, having been elected attorney in November, IBGO. and qualified November 17th. Norman B. Hyatt, of Blue Earth City, editor of the Blue Earth City Neivs, elected to the office in October. 1861, succeeded Mr. Wakefield.

Mr. Hyatt, it is believed, came to this county early in 1861. He engaged in the practice of law at Blue Earth City, and subsequently became interested in the Blue Earth City Newn, of which paper he was the editor for some time. He afterwards enlisted in the military service of the United States, and became the captain of his company. After retiring from the service, he finally located at Webster City, Iowa, where he engaged in the practice of his profession.

The office becoming vacant by the enlistment of Mr. Hyatt, the county board, on the twenty-eighth day of May. 1863, appointed Andrew C Dunn.of Winnebago City, to fill the vacancy. At the next general election held November 3d. 1863, Mr. Dunn was elected for a full term which he served.

Mr. Dunn was born in New York City, October 9th, 1834. He received his education mainly from his father, Nathaniel Dunn, who was for many years a noted educator, at one time principal of Wilbraham Academy, Mass., and for many years professor of chemistry in Rutger's Female College, N. Y.

Andrew commenced reading law under the direction of Edward Standford, Esq., of New York City, at the early age of fifteen years. He came to Minne- .sota in April, 1854, and was admitted to the bar by the Territorial .Supreme Court. practic3d a short titue at .Sauk Rapids, and then located at St. Paul.

He came to this county in 1856, and he, with several others, founded the village of Winnebago City, being one of the original town site proprietors, and built the first house in that village. In 1858 Mr. Dunn was one of the special commissioners, appointed by the governor, to divide this county into towns and name them. On New Year's day, 1859, he was united in marriage to Miss D. J. Smith, of Blue Earth county, in this Slate. Seven children have come to thetu, but only three of whom are now living.

Mr. Dunn, since his first location in this county, has made the practice of the law his chief business and life work, and he is the oldest resident practicing lawyer at the bar of this county.

He was secretary of the tlrst State Senate of this State, (which convened in December, 1857). In 1863 he was one of the commissioners appointed to take the vote of the soldiers then in active service at the south. .

Mr. Dunn was chief clerk of the House of Representatives of this State in the years 1864, 1865 and 1866, and was elected representative of this legislative district in 1880, and attended the memorable sessions of 1881, and was one of the counsel on the part of the House in the impeachment proceedings had against Judge E. St. J. Cox. He has, from time to time, held various local offices, and has always taken a large interest in the public affairs of the State, and especially of the county

Mr. Dunn was a democrat in early life, and during the rebellion was a union democrat and has since affiliated with the republican party. He and his family are members of tbe Methodist Episcopal Church, and for many years "Mr. Dunn has been superintendent of the Methodist Episcopal Sunday school at Winnebago City.

At the general election of 1865, Mr. Wakefield was again elected attorney, and also representative for the twentieth district, in the State legislature. He accepted the latter office, and the former became again vacant.

On the third day of January, 1866, J. A. Kiester, of Blue Earth City, was appointed attorney by the county board, and was re-appointed on the nineteenth of March following, and served until the next January. In the meantime, Mr. Wakefield, elected attorney in November, 1866, apj)ears for the fourth and last time in this particular branch of the public service, but having been also elected State senator, at the same election, he accepted the latter ofiice, leaving the attorneyship to be otherwise provided for. A biographical notice of Mr. Wakefield will be found elsewhere in this work.

On the third day of January, 1867, Mr. Kiester resigned the office, and it became again vacant. A brief biographical sketch of Mr. Kiester will be found in another part of this book.

On the resignation of Mr. Kiester, John H. Sprout, of Blue Earth City, was appointed (January 3d, 1867) attoi'ney, and immediately qualified.

At the next general election, held in November, 1867, he was elected for a full term, and was re-elected in the years 1869, 1871, and 1873, and held office during nine consecutive years.

John H. Sprout

His father, Col. Hosea B. Sprout, a resident of Attica for fifty years, was a farmer by occupation. John H. obtained his education in the common schools and at Warsaw Academy, and Genessee Wyoming Seminary. He subsequently engaged in school teaching in his native county.

In 1857 he emigrated to Dodge county, Minnesota, and engaged in farming for awhile. In the fall of 1857 he went to Columbia county, Wisconsin, where he read law with Hon. O. C. Howe, until the next spring, when he returned to

Minni'Sdia atiain, and engai,''"'! soiuewhat in farrainij. In tho autumn of 1850 he ri'lurnetl to Wisconsin, anii ('tiKii(j;o(l iu sciiool leachin^r foratioul tlirci' years, after wliicli lie cauie to Minnesota, and ennajred in fariuin); for about a yearand a half, and tlien went lo Juneau, Wisconsin, where he resumed the study of law under the direction of Messrs. BiUintfhurst, Lewis and Friebert, and then attended, for some time, Michit^an University law school. He was married, in 18()1, to Miss Caliste L. Nich(»ls, of Djd(.'e county. Wisconsin. lie was admitted to the liar in tlie last nanieil county, wliere he commenced the practice of law, and in tlie latter part of the year came to this county, locating at Ulue Earth City, where he has since resided, engaged all the time in the practice of his profession. He was county attorney, as aljove stated, and has been justice of the peace a number of years, twice president of the council of Blue Earth City, and, also, president and member of the board of education at Blue Earth City, a number of terms.

For several years he was postmaster at Blue Earth City. Mr. Sprout is a member of the Methodist Episcopal church, and he is a republican in politics.

M. W. Green, of Wells, elected in 1875, succeeded Mr. Sprout. Mr. Green was elected in 1877 for a second term, which he served. Mr. Green, after the expiration of his term of office, removed to Fargo. D. T., where he has continued in the practice of the law.

Mr. Wilkinson was born at .Skaneateles, N. Y., on the twenty-second of January, 1819. He received an academic education, and taught school some six months. He read law at Skaneateles, and was admitted tti the bar in 1842. He came west and settled at Eaton Rapids, Mich., where he practiced law till 1847, and then came to Stillwater, Minn. Mr. Wilkinson was twice married. His first wife died in Michigan, his second in Minnesota.

He was elected to the tlrsl territorial legislature, which assembled in the fall of the year, 1849. He made St. Paul his home from that time, engaged in the practice of the law, until 1857, when he moved to Mankato, Minn. About this time he was appointed, with others, to draft and report a code of laws for the State, which work he did in 1859.

The legislature of 1859 elected Mr. Wilkinson United States senator for the State of Minnesota for six years, which terra he served. After the expiration of his term in the senate he was (in ISfiS) elected representative in congress and served one term. Subsequently he represented Blue Earth county, in the State senate, in the years 1874, 1875, 1876 and 1877.

Senator Wilkinson came lo this county in 1878, and located on a farm near Wells, but has all along continued in the practice of the law, appearing occasionally in our district courts, and also, lately, before the supreme court of the United States, at Washington, D. C, in a number of important suits.

Section Six Op The Board And The Names Op The Persons Who Have

THE BOARD OP COUNTY COMMISSIONERS. - THE OFFICIAL, DUTIES OP THE BOARD AND THE NAMES OP THE PERSONS WHO HAVE BEEN MEMBERS OP THE BOARD TO THE CLOSE OP THE YEAR 1879.

The board of county commissioners constitutes the legislature of the county. As defined by law, the duties of the board, briefly expressed, are to examine and settle all accounts of the receipts and expenditures of the county, the care of the county property, the management of all the county funds, and the transaction of all the business pertaining to the county, except as otherwise provided by law.

The board has power to set off, organize and vacate towns, and change the boundaries thereof; organize and change school districts, lay out roads, build bridges, levy certain taxes, make appointments to fill vacancies in various offices, and, in general, to supervise all the interests and transact all the business of the county, not specially otherwise provided for by law. It is also the special duty of the board to attend to the equalization of the assessments for tax purposes, and to all matters relating to the poor of the county. At the annual session of each year, held in January, the commissioners elect one of their number cliairman for the year, whose duty it is to preside at their meetings. The term of office of a county commissioner was, for many years, three years. (It is now four). They receive pay at the rate of three dollars per day, for each day necessarily employed in doing the county business, and ten cents per mile travel. The board, in its duties, somewhat resembles a court, and is sometimes called the "commissioners' court," and is also known as "the county board." The county auditor is exqfflcio clerk of this small legislature, and arranges and presents much of the business to the board for consideration. He keeps accurate minutes of all the proceedings of the board in a book denominated tlie "county records."

1856. The first board of county commissioners of this county was appointed by the governor of the territory, on the organization of the county, their commissions bearing date February 25th, 1856. This board was composed of the following gentlemen: James B. Wakefield, chairman, Henry T. Stoddard and Moses Sailor; clerk, Samuel V. Hibler, then register of deeds.

1859. At the sessioa of the legislature held in August, 1858, an act was passed abolishing the board of county commissioners and enacting the "supervisor system." By this system the several chairmen of township boards of supervisors, were ex-officio members of, and constituted the board of supervisors of the county. The duties of this board were the same, identically, as those of the former commissioners. These supervisors were elected in the several towns, on the first organization of the towns, October 20th, 1858. The new board met and organized .January 3d, 1859, and was composed of the following named gentlemen: James L. McCrery, chairman, Jo. L. Weir, Amos Preston, J. B. Wakefield, S. W. Myrrick, W. J. C. Robertson ; clerk. A. Bonwell.

1860. Geo. H. Goodnow. chairman. P. C. Seely, Thomas Blair, S. L. Rugg, Amos Preston, J. A. Keister, W. J. C. Robertson, Lorenzo Merry and J. L. McCrery; clerk, A. Bonwell.

By act of the legislature approved February 28th. 1860. the supervisor system was abolished, and the old commissioner system was re-established, as the supervisor system was found to be entirely too expensive and cumbrous, especially in the thinly settled counties. The new law went into effect on the election at the town meetings of this year (1860) held in April. In counties having less than eight hundred votes, the county was entitled to three commissioners, and counties having over eight hundred votes, were entitled to five.

This county was at the time entitled to but three commissioners, and the three commissioners elected, who were chosen at large were: Thomas Blair, chairman, J. H. Welch and Albin Johnson; clerk, A. Bonwell.

The last meeting of the supervisors was held in March, and the first meeting of the new board, above mentioned, was held in June of this year.

At the general election in November, 1860, commissioners were elected again, and since that year, the commissioners are always elected by districts at the general election in November, of the year when the term for any district expires. As the result of this election, we have for

It appearing by the election of 1864, that the county had over eight hundred legal voters, the commissioners, on the fifth day of September, 1865, divided the county into five commissioner districts and at the general election held in November, 1865, five commissionei's were elected, so we have for the years:

G46 History Of Section Seven

Prior to January 3d, 1859, when the act of August 13th 1858, went into effect in this county, the duties of the auditor were performed by the register of deeds, who was then ex-officio clerk of the board of county commissioners. By reference to the history of the office ' of register of deeds, it will be seen who performed the dulies of auditor prior to the above date.

The duties of the county auditor are multifarious and often intricate and perplexing, requiring a clear head, great patience and constant attention.

He is required to keep an accurate account current with the treasurer of the several state, county, town, school district, road, poor, and all other funds, make out all the tax duplicates, draw or attest all warrants drawn on the treasury for funds, take charge of and direct the assessment of taxes and Iteep the tax records.

The auditor is ex-officio clerk of the board of county commissioners, and as such is required to keep an accurate record of their proceedings, and carefully keep and preserve all documents, books, maps, records and other papers and files required by law to be kept in his office.

The term of office of auditor is two years, formerly commencing in March, but now in January, and before entering upon his office he is required to take an official oath and give an approved bond in such sum as the commissioners may fix, not less than two thousand dollars, nor more than twenty thousand dollars, for the faithful performance of his duties. He may appoint deputies. The auditor was formerly paid by salary, but he now receives as salary, a percentage on the aggregate assessments of the county.

The auditor is usually considered the principal financial officer of the county - its accountant, or boolckeeper, and in many respects its business agent. It may be remarked that negligence, inefficiency or dishonesty in the auditor may lead to intermidable confusion in the accounts and business of the county, and the affairs of individuals, and open a wide door to fraud and public plundering.

By the act above mentioned of August 13th. 1858, the county board was authorized to appoint a clerk, who, at the option of the board, might be the register of deeds, or any other person. At the organization of the board, January 3d, 1^59, Arthur Bonwell was appointed clerk. By said act it was enacted that the clerks thereafter should be known as county auditors, aud should perform all the duties of auditor performed prior thereto by the register of deeds. Mr. Bonwell was thus the first auditor - eonomine - of this

A. Bon Well

By act approved March 6th, 1860, the office of auditor was reenacted, so to speak, new duties added, and he was made by virtue of his office, the permanent clerk of the board of county com missioners. When Mr. Bonwell took the office under the new laws relating thereto, there was much to be done to get the office into proper working order. A full set of tax and account books were to be opened, the papers, books and accounts pertaining to the office under the old system, arranged, and a system, or order of business for the future established, in conformity to the new laws, all of which was done. Mr. Bonwell was r^-elected auditor in 1860, and in 1862, serving until March, 1865.

Arthur Bonwell was born in Brown county. State of Ohio, on the fourth day of July, 182.5. His father was a farmer. In 1829 his father and family removed to Hyland county, Ohio, and in 1836 removed to Tippecanoe county. State of Indiana. The subject of this sketch received his education in the commoa schools. He has, from early youth, been a studious reader. He was brought up in the occupation oC a farmer, but commenced teaching school when about nineteen years old, and taught many terms during his life. His health has never been very robust, and many times he has been in feeble condition for considerable periods of time, and this fact has had much to do with shaping his life. When about twenty-two years old, he went on a flat-boat expedition, to New Orleans, La., and returned as a deck passenger, on board a steamboat. In 1850, Mr. Bonwell, then twenty-five years old, went overland to California, where he remained until 1856, engaged in mining, trading, and ranching. In the latter year, he returned to the States, in July and August, by the isthmus route and steamship, landing in New York City, and from thence he journeyed to Butler county, Iowa, to which place his father had removed during his absence. After remaining at home for a short time, he went to the State of Texas, where he remained until spricg, traveling over the country and visiting many localities in the Lone Star State. From thence he visited New Orleans again, a short time, and returned up the river to Butler county, Iowa, where he remained during the summer of 1857. In September, 1857, he came to this county, locating at Blue Earth City. Here lie engaged for a time in surveying and school-teaching, and other occupations, until his appointment as county auditor, in January, 1859, as above stated. While yet filling the office of auditor, Mr. Bonwell was elected register of deeds of the county, in the fall of 1864. This office he held but one term, not desiring a reelection. He was married, in 1868, to Miss E,xcene Gano. They have had four children. About the year 1872, he removed to his farm in Jo Daviess township where he remained some eight years, engaged in faraiing, after which he returned again to Blue Earth City, where he erected a comfortable home, and now resides. Mr. Bonwell has, from time to lime, held various town and school offices, and the office of justice of the peace, several terms, at Blue Earth City, and was chairman of the board of county commissioners, of this county, in 1879 the board of which he had been, for many years, clerk. Mr. Bonwell has been a republican in politics since the organization of that party, until late years, during which he has acted with the prohibitionists.

Franklin W. Cady. of Verona township, elected auditor Nov. 8th, 1804, succeeded Mr. Bonvvell. Mr. Cady was re elected at the general election, Nov. 6th, 1HG6, for a second term, which he served.

Mr. Ciuly was born in Lake cuunty.Ohio, January I5lh, 1826. II« attt-nded the district scliools during' the winter terms, until he was elKlileen years old, and then was a student of Grand Kiver Institute, in Ashtahular county, O., for two years. He learned the art of penmanship, under the tuition of P. R. Spencer, and suhseciuently tau^jht writing schools and district schools, during four winters. He removed to Columbia county, Wisconsin, where he boughta farm and commenced farming.

In June, 1S61, he came to this county and settled on a farm in the town of Verona. When lie assumed the duties of auditor he removed to Blue Earth City, but on retiring from oltice he returned to his farm. Having purchased a valuable tract of land near Hlu(,> Earth City, he removed upon it and resided there for some years, but having sold this farm, he removed again to the old homestead, in Verona, where he still resides. Mr. Cady has also held various town otllces from time to time, in Verona. He has been a republican ever since the organization of the party. He is largely engaged In farming and stock raising.

William W. "White, of Walnut Lake township, next assumed the duties and responsibilities of the office, being elected auditor at the election held in November, 1868.

Mr. White was born in Oneida county, state of New York, on the twentyfourth day of IJeeember, 18J8. His grandparents were Vermonters, and emigrated to New York State, where William's father, Asel White, was born. He was a farmer.

William was educated, mainly, in the common or public schools of his neighborhood, but he also attended at Saquoit Academy, in his native county, for some time. He was brought up a farmer.

In 1858, ]Mr. White removed to Dodge county, Wisconsin, where he bought a farm. Here he remained some three years, when he sold out and emigrated to this State, in April, ISGl, locating in Mower county, where he rented a farm. In the fall of the same year he came to this county and settled in Walnut Lake township, where he took up a quarter section of land under the pre-emption laws, but sub-equently changed to a homestead entry. He "proved up" on this tract, and still owns it.

Mr. White, while a resident of Wisconsin, was town clerk of Beaver Dam township, one term, and was also a justice of the peace one term, while a resident of Walnut Lake tf)wnship. In the fall of 1868 he was elected county auditor, as we hive seen above, and removed to Blue Earth City in the spring of 1869, to assume the duties of the office, and here he has resided during his term of otllce. He was a memberof the village council of Blue Earth City, one term. Mr. White has always been a republican in politics, and he and Mrs. White are members of the regular Baptist church. After retiring from office, Mr. White returned to his farm in Walnut L:ik«Uownship, where he remained some years, and then removed to Owatonna, Minn.

Section Eight

Briefly stated, the duties of the county treasurer, as defined by law, are to receive and safely keep all public moneys, directed by law to be paid to him, and to pay out the same, only upon the order of the proper authority. He is required to keep fair and accurate boolf s of account, showing the amount, the time when, by whom and on what account moneys are received by him, and the amount, time and manner of all disbursements. His accounts must be so kept, that they will show what lias been received and paid on each separate and distinct fund, or appropriation. The treasurer is not only the depository of the public funds, but is also now the collector of all the taxes. Formerly the sheriff was the tax collector.

The treasurer is required to make a full and complete settlement with the county auditor, every four months, in which he exhibits the balance and condition of each fund in his hands.

His accounts and funds are also subject to examination at any time, without notice, by the State examiner and by the board of audit, consisting of the clerk of the district court, the chairman of the ' board of commissions, and the county auditor. The treasurer's term of office is two years, formerly commencing and ending in March, but now in January. He is required, before entering upon his duties, to take the usual official oath, and give an approved bond for the faithful performance of his duties, in such sum as the board of county commissioners may direct. The treasurer is paid by a certain percentage on all funds coming into his hands, which he is allowed to retain.

The First Treasurer

The first treasurer of this county was Louis P. Grout, of Blue Earth City, appointed by the county board April 6th, 1857. He immediately filed his official bond, and entered upon the duties of his office, which were not onex'ous, as it appears that he never received or paid out any public funds, as treasurer, except one dollar, which he paid some one for writing his bond, and that he paid in trade. In the absence of anything further to say of the first treasurer, it may be recorded here, as an item of historical interest, that Mr. Grout, in partnership with his brother, Isaac E. Grout, an individual of some note in the early days of the county, kept a small store in Blue Earth City, for some years, in which the principal articles of merchandise were calico, salaratus, soap, tobacco, codfish and whisky.

14x20 feet, which stood nearly opposite the Constan's hotel. The building was roofed with "shakes, "and was chinked and rauddcd up in the usual manner, and had a puncheon floor, two doors and three half windows. It was divided into two rooms, the rear room being occupied by the families of the proprietors, as a dwelling, and the front room was devoted entirely to commercial purposes. Here, in the dignity of his office, stood the treasurer of the county, engaged in mercantile pursuits. And here, too, in this hovel, it may be remarked, was many a "wassail," held of early settlers, when "joy was unconfined." The old building has long since disappeared, and the first treasurer has passed to his final account.

Mr. Albin Johnson, of Blue Earth City, succeeded Mr. Grout, being elected to the office October 13th, 1857. He qualified November 2d. following, and assumed the duties of his office. During the following year the first tax was levied and collected, and the first public funds came to the hands of the treasurer. At that time the treasurer did not collect the taxes, the sheriff being ex-offwio tax collector. The treasurer, however, several years later, became by law the collector of all taxes. At the general election, held October 11th, 1859, Mr. Johnson was re-elected for a second term, which he served.

Albin Johnson was born in Carroll county, state of New Hampshire, on the sixteenth day of February, 1817. His urandfnther and father were amonp the old residents of Massachusetts, originally, but removed to New Hampshire. His grandfather was a soldier in the war of the Revolution, and was at Bunker Hill and other battles of that eventful period. His father was a farmer and blacksmith. Albin received his education in the common schools apd at an academy, located at Wakefield, New Hampshire. He designed entering the medical profession, but (;ave it up. In his youth he taught school during the winters for some sixteen years. His occupation during the remainder of the year, was principally farming. He held a number of town offices in his native town. Mr. Johnson was married July ISth, 1839, to Miss Nancy M. lUirleigh, and they have had five children, one of whom is now dead. He came directly from his eastern home to this county, in January, 1857, and has resided here ever since. He first settled on a farm, whore he has since erected good buildings and made other extensive improvements. When elected county treasurer he removed to Blue Earth City, but returned to his farm again afterwards. In 1880 he removed again to Blue Earth City and erected a large dwelling and other buildings, as a home, and continued to reside at that place, but still having charge, to a considerable extent, of his large farm, until bis death. Mr. Johnson and family are members of the Presbyterian church. He was a republican in politics from the organization of the party. Mr. Johnson was twice county commissioner, and frequently held the office of town supervisor. He died at Blue Earth City, August 2d, 1887.

William Dustin, of Winnebago City, elected October 8th. 1861, was the next county treasurer. Heretofore the accounts of the treasurer (not very extensive indeed) were kept in small account books, and memorandums, furnished by the treasurer, but the county having provided a full set of proper books for the office.

Mr. Dustin proceeded to open and keep the public accounts, in a more conveninent manner. Mr. Dustin was re-elected for a second term, at the general election November 3d, 1863, and held the office until the expiration of the term.

William Dustin

He received his early education in the common schools of the country. When about twenty years old (1847) he went to reside in Boston, Mass., where he received a practical, commercial education, which was the preparation for what proved to be his life work.

In 1857 he removed with his family to La Crosse county, Wisconsin, where he remained one year, and then, in the spring of 1858, came to this county, and settled near Winnebago City, and engaged in farming.

Here, in connection with the duties of treasurer, Mr. Dustin engaged in the mercantile business for many years. For a time he was deputy postmaster, and was afterwards postmaster. He held the office of chairman of the board of town supervisors for many consecutive years, and was a member of the village council and of the board of education at Blue Earth City. In the spring of 1882 he removed to Holt County, Nebraska, and engaged in merchandising. Mr. Dustin was a republican in political sentiment.

Rial B. Johnson, of Winnebago City, elected November 7th, 1865, succeeded Mr. Dustin, and at the proper time assumed the duties of the office. Mr. Johnson was re-elected to the office in the years 1867, 1869, 1871, 1873 and 1875, holding the office for twelve consecutive years.

An Incident

On the night of March 1st, 1869, an attempt was made to rob the county treasury. The treasurer's office was entered, and the safe blown open. A small, iron till in the safe, which was supposed to contain the money, was taken out and carried to a wood-pile a square distant, where an axe was found, with which the till was smashed, when lo! but three cents were found to reward the rascal, or rascals, for their pains.

The county auditor was the first in the morning to learn of the attempted robbery, and supposed that a large sum had been taken, and, while examining the safe, Mr. Johnson, the treasurer, came in. After viewing the safe a few moments to see what had been done, he quietly remarked, that "the burglars didn't seem to have known that that was not the safe in which the funds had been deposited, and that it required the auditor's warrant and not an ap- plication of gunpowder to draw the funds." The treasurer had the public funds, to a cent, entirely secure, and the county lost nothing. No attempt was made to discover the burglars, nor has anj'thing transpired to this day to indicate by whom the burglary was attempted. The commissioners, meeting soon after this event, passed a resolution of thanks to Mr. Johnson for his care of tlie public funds.

Mr. Johnson is a native of New Hampshire. He was born October 22d, 1827, in Grafton, Grafton county, of that state. When ten years of age, he reiuoved witli his parents to Vermont. His educational advantages were such as were fiirnislied, in that day, liy the coniinon sdiools of New England. He early learned a trade, which he afterwards found to Ije of great advantage in life. In 1856, he came west, and settled in Berlin, Wisconsin, where he carried on the shoe business, until his next removal. Here he was married, in 1857, to Miss Ellen Davlin. They have had two children, a son and a daughter. In the spring of 1858, he came to the township of Verona, in this county, and engaged in farming, and, in 1862, he removed to Winnebago City, this county, where he engaged again in the shoe trade, and also merchandising, until his election to the ortice of county treasurer, in 1805. In the spring of 1866, he became a resident of Blue Earth City, and has continued to reside ever since at that place. After retiring from the oflice of treasurer, he was, in 1878, elected state senator for the sixth district, for four years, which he served. He was our first senator under the biennial system. Mr. Johnson has held various local offices, from time to time, as president of the village council of Blue Earth City, etc. Since leaving official life, Mr. Johnson has been largely engaged in farming operations, and has, for many years, dealt largely in real estate. He was the originator of the abstracts of title, in this county, a work on which he spent a large aninunt of labor, time, and money, and subsequently sold. The same abstracts now belong to the county. Mr. Johnson has been a republican in politics since the days of Fremont. He became a Mason in 1867, and has always taken much interest in the fraternity, and was, for two terms. Worshipful Master of Blue Earth City Lodge, No. 57. He is also a member of Mount Horeb Chapter, No. 21, Royal Arch Masons.

Otto Kaupp, of Blue Earth City, is the next in order of the ti-easurers. He was elected in 1877 and assumed the duties of the office in March following, and served one term.

It was in Wirtemburg, Germany, on the first day of December, 1842, that Mr. Kaupp was born. His father was a physician. He died in 1855. The subject of our sketch received his education in the public schools of the city. In 1857 he came with his sister to this State and located at Mankato. Here he engaged in farming until 1860, when he commenced learning the tinner's trade and worked at the business seven years in Mankato. In the spring of 1867, he came to this county and located at Blue Earth City, where he engaged in the hardware business, in which he has continued ever since. He was married to Miss Mary J. McLaughlin, October 29lh, 1868. They have five children. He was town treasurer in 1877. town clerk from 1880 to 1886. President of the vilage council of Blue Earth City in 1882, and village treasurer in 1885 and 1886. Mr. Kaupp is a member of the Roman Catholic church and a democrat in politics. He was appointed postmaster at Blue Earth City in the fall of 1887. Mr. Kaupp was also president of the city council of Blue Earth City, a number of years in succession.

Otto Kaupp

Mr. Anderson was born in Washington county, New Yorlr, August 18th, 1833. His father was a farmer, and Anthony remained at home most of the time assisting his father on the farm, until he was twenty-one years of age. His early education was acquired in the common schools, except one year, during which he attended Castleton Seminary, Vermont. When he left home, he went into the mercantile business at Putnam Landing, Washington county. New York, and remained at that place until he came west. He wasmarried in July, 1865, to Miss Mary E. Wright. They have had two children. In August, 1866, Mr. Anderson came to Blue Earth City and engaged in merchandising. In 1871 he removed to Delavan, in this county, and took charge of Mr. Coleman's lumber yards, where he remained until his election to the office of county treasurer, when he returned to Blue Earth City, and has since resided at that place. Mr. Anderson has held various local offices, as town supervisor in New York, justice of the peace of Delavan township, and member of the village council of Blue Earth City, and of the school board for many years. He is a republican in politics, and he and his family are members of the Presbyterian church. Latterly, for a number of years, he has had charge of a lumber yard at Blue Earth City and has, also, been largely interested in the Farmers and Merchants Bank, at that place.

Section Nine The Office Of Register Of Deeds And The Registers

The duties of the register of deeds as defined by law are, briefly - That he shall keep suitable books in which he shall record at large and in full, word for word, any and all instruments (duly executed), in any way affecting the titles to real estate, that may be left with him for record. Keeping separate books of deeds, mortgages and other instruments, and shall also keep in separate books, an alphabetical index, in which he shall enter under the proiDer letter of the alphabet, the name of each grantor and grantee in any deed, mortgage or other instrument, left with him for record. He also furnishes abstracts of title when requested.

The term of office of the register of deeds, is two years. He is required to take an official oath and give bond for the faithful performance of his duties. He is authorized to appoint deputies, for whose acts he is responsible.

The register is paid for his services by fees, paid by the person desiring recording done. Prom the fact that the register of deeds is the only public official custodian of the records and evidences of all the land titles and the encumbrances thereon, that exist by law in the county, the importance of this office and the extent of the trust reposed in the register of deeds arevery evident, and comment is unnecessary.

The first register of deeds of this county was Samuel V. Hibler. He was appointed by Gov. W. A. Gorman, on the organization of the county, his commission bearing date February LTHh, lH5t5. He appointed Wm. Dow and J. B. Wakefield, deputies. Mr. Wakefield, however, performed, principally, the duties of the ofifice, not at that time very onerous. Mr. Hibler held the office until the general election held in October, 185G.

Mr. Hibler was a Pennsylvanian. K<i came to Minnesota and located at Shakopee, Scott county, in tliis state, where it appears he intended to open a book and stationery store Here he became ac(iuainted with Messrs. WakeUeld and Constans, and concluded to join thorn in the projector founding Blue Earth City, and came to this county in February, 1856, and became one of the original town site proprietors.

Mr. Hibler took a claim adjoining the town site and remained here during a part of the summer, when he returned to Shakopee to arrange his business alVairs there. While absent his claim was jumped. On returning, there occurred the unhappy affair of the killing of Brooks, more fully detailed in the history of the year 1856. After this lie went back to Shakopee, and from thence returned to Pennsylvania, and .sold out his interests in this county. During the war of the rebellion, he enlisted in the military service of the United States and became the captain of a cavalry company.

At the general election held October 14th. 1856. James B. Wakefield, of Blue Earth City, was elected register of deeds, and immediately entered upon the discharge of the duties of this office. He continued to perform the duties of register of deeds and clerk of the county board until the twenty-second of April, 1857, when he appointed J. A. Kiester. of Blue Earth City, deputy register, who thereafter transacted the business of the office as deputy until the twenty-sixth day of October. 1857, when the office becoming vacant by the resignation of Mr. Wakefield, Mr. Kiester was appointed register by the county board. He held the office by this appointment until the general election in October, 1858, when he was elected for a full term.

By the act of August 13th, 1858. the county board were authorized to appoint a clerk if they choose, other than the register of deeds, and on January 3d, lS59, they appointed Arthur Bonwell, clerk, at Mr. Kiester's request, and he then assumed the duties of auditor and clerk of the county board, and those duties passed from the office of register of deeds.

In the year 1860 the county procured a full set of record books and indexes, and although the books containing the records up to this time, being volumes A. B. C. D. E. F. G., were most of them small, cheap books, provided by the registers, the county commissioners unwisely refused to have them transcribed into new books. Better books should have been used from the beginning, but the county was poor and the registers poorer. The old indexes wefe, however, transcribed into the new books, and made full and complete, and in conformity to the law.

At the general election, held November 6th, 1860, Mr. Kiester was re-elected for a second term, and at the election in November, 1862, for a third term, and lield the office until the expiration of the term, but was not a candidate for re-election.

Arthur Bonwell, of Blue Earth City, was our next register of deeds, having been elected in November, 1864. He held the office one term, declining a re-election. Biographical sketches of the preceding registers will be found elsewhere in this work.

On the twenty-sixth day of March, 1865, the building, a small frame, in which the offices of register and auditor were kept, took fire accidently and was entirely consumed, but happily, all the books and most of the valuable papers of both offices were saved, though some of the records were scorched. A more full account of the event is given in the history of 1865.

Francis Lent, of Prescott, elected November 6th, 1866, succeeded Mr. Bonwell. He was reelected in the years 1868 and 1870, holding the office six years. Mr. Lent appointed Daniel F. Goodrich his advisor, assistant and deputy.

Mr. Leot was bora in .Westchester county, New York, October 1st, 1832. His parents removed from that county in 1815, to Osweg'O county, In that State, and in 18.53, to Jefferson county, Wisconsin. His father was a carpenter and joiner by trade, but followed farming during his latter years. Francis got his education in the district schools, and has made farming his occupation through life.