History of Osceola County

by D. A. W. Perkins 1892

Chapter XV

Proceedings of Board of Supervisors, Partially Given, Including All Matters of Importance.

The first session of the Board, and the session of the first Board, was held January 1, 1891.

The Board was called to order by County Auditor, and there were present as members J. H. Winspear and H.R. Fenton. J. W. Winspear was elected Chairman. Eldredge Morrison qualified as Clerk of Holman Township, A. M Culver as Treasurer of the County, H. L. Clapsaddle as Justice of the Peace for Holman Township, Geo. W. Ketcham as Clerk of Horton Township, O. Dunton as Justice of the Peace for Horton Township, Frank Stiles as Justice for Holman Township, and Delily Stiles took the oath of office as County Superintendent of Schools. The Board then adjourned to the next day, and met with the same members present.

It was voted to give orders to Perkins Bros., of Sioux City, for books and stationery required for County purposes. C. M. Brooks qualified as Clerk of the District Court, M. J. Campbell as County Surveyor, and Geo. Spaulding appeared and took the oath of office as County Supervisor. Benjamin F. Cox qualified as Clerk of Goewey Township, and the Board then adjourned to January 3, the next day.

The Board met as per adjournment, at which meeting the above members were present, with the addition of Geo. Spaulding. L. L. Webb qualified as Constable for Holman Township, and D. F. Curtiss as Justice in Goewey Township. The following appointments were then made: -------- Garvin, Coroner of the County; Frank Stiles, Sheriff; and William Jepson, Justice for Goewey Township. A large number of petitions asking that County roads be laid out were presented and allowed, and the Board adjourned to the next day, January 4.

At this adjourned meeting January 4, it was ordered that the County Surveyor select ten sections of land that may be marked swamplands on the district land office plat, or as near ten sections as he could. It was voted that Sibley be the county seat. Frank Stiles then qualified as Sheriff, John Beaumont as Drainage Commissioner. Forty-five dollars was appropriated for paupers to be divided among the three townships. It was then voted to call a special election to vote on court house bonds to the amount of five thousand dollars; also to vote as to whether stock shall be prevented from running at large.

John F. Glover asked that the County Auditor be authorized to accept the bond of D. L. McCausland as County Recorder, which he was, provided the bond was presented by January 10, 1872. It was also voted to call for bids for a house 14x20 feet, to be used by county officers. Provision was then made for desks and fuel.


Salaries were fixed as follows:

The following accounts were then allowed:

The Board then adjourned to meet February 12, 1872.

The Board met as per adjournment February 12, 1872, and the election in the meantime having been held to vote on the court house bonds and on stock running at large, the vote was canvassed and resulted as follows:
For court house bonds 9
Against court house bonds 52
For the act restraining stock 61
Against the act of restraining stock 1

The Board then recognized D. L. McCausland as Recorder and approved his bond, and also approved the appointment of John F. Glover as Deputy Recorder. The Board then adjourned to meet the next day, February 13.

At this, February 13, meeting Perkins Bros. were allowed $300 on their bill for books. One dollar was allowed on the scalp of each fox in addition to the state allowance, and the salary of C. M. Brooks, Clerk of Court, was fixed at $50 per month. It was also voted to advertise in the LeMars Vidette for bids for the erection of a court house to be 20x40 feet and paid for in county warrants. The Board then adjourned to meet next day, February 15.

The Board met as per adjournment, February 15, 1872. Their first act was to authorize the County Auditor to take legal measure to take the books of the County Recorder's office from John Beaumont and turn them over to D. L. McCausland. There was then allowed various bills for the support of paupers, county seals, Supervisors' services, and other things aggregating $342.36, and after this the Board adjourned without day.

The next meeting of the Board was April 1, 1872, and at this meeting the reports of road commissioners were acted upon and several roads established and designated. John Beaumont was allowed $30 salary while he was Recorder and D. L. McCausland $62.60 for expenses in obtaining possession of Recorder's books.

The next meeting of Board was the next day, April 2, at which time other business was transacted with reference to roads. M. J. Campbell was approved as deputy clerk of courts, and Lewis E. Diefendorf as deputy treasurer. It was then voted to employ Geo. W. Wakefield to secure the adjustment of swampland claims of the county against the United States.

The next meeting of the Board was April 3, and no business of importance was transacted.

The next meeting of the Board was April 4, 1872, at which time it was voted to accept the bid of Henry Phringston for putting up court house building, for the sum of $1,249. There was also bills allowed for several purposes, supervisors services paupers, officers pay, etc., in all aggregating $639.99.

The Board next met May 6, 1872. This session was not extended and no business of importance transacted. Bills were allowed for surveying, goods furnished county, expenses to Sioux City, etc., aggregating $283.55.

Next meeting of the Board was held June 3, 1872, which was unimportant.

The Board next met on the 4th day of June, at which time Perkins Bros. were allowed $1,500 for county books, and there was no other business except in connection with the establishment of roads.

Board met again June 5. At this meeting it was voted to appropriate $500 in building a bridge across Otter Creek on Section 15, Township 98, Range 42. Also the sum of $350 to build a bridge across Ocheyedan Creek on the Ocheyedan Valley road, $200 in bridging Otter Creek on Section 13, Township 99, Range 42, $160 bridging Otter Creek on County road No. 11, and $135 bridging Otter Creek on Section 12, Township 99, Range 42. There was also allowed various bills for salaries, fees, and other things, aggregating $598.21.

The next meeting of Board was held June 6, and at this meeting no business was transacted, except bridging Ocheyedan Creek near Section 16, Township 99, Range 40.

Board met again June 7, 1872, and it was voted that sealed proposals be received for building six bridges. It was also voted-up9on a petition presented by John F. Glover, John Beaumont and others-that Henry Phringston be allowed $100 to release County from his contract to build court house, and that an election be called to vote on court house bonds to the amount of $5,000 with which to build court house. Bills were then allowed to the amount of $82.18, and Board adjourned to July 17, 1872.

Board met again July 17, as per adjournment, and nothing was done except passing the following resolutions:

"Whereas, On the 17th day of July, 1872, by a decree of the District Court in and for the County of Osceola, in the State of Iowa, John A. Schmidt, Esq., recovered a judgment against the County of Osceola for the sum of three thousand fifty and twenty hundredths dollars (3,050.20), and,
"Whereas, On the 17th day of July, 1872, the said John A. Schmidt, Esq., under the provisions of Chapter 174, Laws of 1872, elected not to issue execution on said judgment, but to receive payment of said judgment in the bonds of Osceola County, bearing 10 per cent interest per annum, and,
"Whereas, In our judgment the interests of Osceola County will be best served and promoted by issuing said bonds, therefore be it
"Resolved, By the Board of Supervisors of Osceola County, that the County of Osceola do issue its bonds, in compliance with the election of said John A. Schmidt to liquidate said judgment, and that the President of the Board and the County Auditor are directed and instructed to duly execute said bonds under the seal of Osceola County."

Board met again July 18, 1872, and at this meeting the votes cast for court house bonds at the second election were canvassed, and the following was the count:

FOR BONDS

 

AGAINST BONDS

Following this, the usual resolution to provide for bonds and carry out the vote was passed. C.I. Hill, Henry Phringston and D. L. Riley were appointed a committee to prepare plans and specifications for court house. The contract to build the six bridges mentioned in a previous meeting were then let to various parties, the six aggregating $1,521. There was then appropriated $135 to bridge on east line of Section 26, Township 100, Range 42; $250 was also appropriated for bridge on Section 34, Township, Range 42; and $300 for building bridge across Ocheyedan.

The next meeting of Board was held July 18. This meeting fixed the sheriff's salary at $200 per year, and passed bills aggregating $981.11.

The next meeting of Board was held August 12, 1872. The following resolution was passed:
"Resolved, that H. B. Wilson and Joy & Wright are hereby employed as counsel to prosecute the swamp land claims for the county, and that we allow them the sum of $6,000 in county warrants as a retainer and compensation, and the Auditor is instructed to issue warrants for the same, and that the contingent interest in the lands that may be recovered shall not exceed the proportion they are to receive in Lyon County for prosecuting their swamp land claims."

Frank Stiles was appointed to make the necessary survey of the swamp lands, and his compensation was fixed at 10 cents an acre. The contract to build court house was awarded to Henry Phringston for $3,447, and the court house was to be completed by November 1, 1872. Bills were then allowed for various things amounting in all to $368.74.

Board again met September 2, 1872. Nothing was done at this meeting, except such business as pertained to the establishment of roads.

Next meeting of the Board September 2.

The following resolution was adopted:
"Resolved, That the chairman of the Board of Supervisors be hereby instructed to employ such counsel as he may deep necessary to defend the county in the measures now adopted by the Board of Supervisors."
There was then allowed bills to the amount of $388. and the Board adjourned.

Board again met September 17, 1872. There was considerable business done in the establishment of county roads, and levies were made as follows:

 

There was also passed the following resolution:
"Resolved, That C. W. Blackmer is hereby authorized to purchase fifty-one volumes of the Iowa reports, and that we, the Board of Supervisors of Osceola County, hereby appropriate $700 for the purchase of the same, and the County Auditor is hereby instructed to issue that amount of County warrants to C. W. Blackmer, for the purpose of obtaining said Iowa Reports for the use of the county."

There was also allowed bills at this session aggregating $600.08, among which were:

Frank Stiles, hand cuffs and leg irons $ 51
Frank Stiles, attending court with twenty-seven deputies, September 2 56
Frank Stiles, attending court with five deputies, September 3 12
C. W. Blackmer, attorney's fees 40
J. H. Winspear, attending court 12
J. H. Winspear, expenses and services to Sioux City seeing to the printing
of the court house bonds 100

The Board next met October 7, 1872. At this meeting Horton Township, as originally organized, was divided into three civil townships, as follows: Township 100, Range 42, to be known as Fenton Township. Township 100, Range 41, to be called Wilson Township. Township 100, Range 100, Range 40, to be called Horton Township. Elections for township officers for these townships were ordered for the general election in 1872, to be held in Wilson Township at the house of James Miller; for Fenton Township, at the house of John H. Hart; for Horton Township, at the house of L. G. Ireland. It was voted to allow Crandall & Hall $900, part payment on bridge contract. Bills were allowed amounting to $1,025.40.

The Board next met October 21, 1872. At this meeting a resolution was passed authorizing Henry Phringston to build privy, coal house, steps to court house, one vane and flag staff and to fit up room under the stairway, for which he was to receive in addition to court house contract, $1,053. Bills were then allowed amounting to $310.25.

The next meeting of the Board was held November 11, 1872. At this meeting the votes cast at the general election held this month were canvassed. As there is, in another part of this history, the names of all officers of the county since its organization, the officers declared elected at this session will be found there. It was also voted to issue bonds for $1091.65 to J. M. Grant to satisfy a judgment obtained by Grant against the county; also voted to issue bonds to the amount of $1,339.06 to Condion & Harris to satisfy a judgment they had obtained in the circuit court against Osceola County.

The next meeting of the Board was on November 13, 1872. At this meeting Henry Phringston was instructed to get the court house furniture from the railroad depot and to set it up and for these services was allowed $250. Delialy Stiles, County Superintendent, was allowed $200 as salary from January 1, 1872 to January 1, 1873.

The following resolution was passed:
Resolved, That the Auditor is hereby instructed to fit up and furnish the two north rooms on the first floor and a jury room on the second floor of the court house for the use and benefit of the poor of the county and to furnish provisions and everything he deems necessary for the comfort of the same.

There was also allowed bills of various kinds and amounts, aggregating $2,403.21, among which were:
Henry Phringston, drawing plans and specifications of court house $60.00
J. H. Winspear, inspecting court house 10.00
Furniture for court house 1,102.00

The Board next met November 27, at which no business was transacted, except a small amount for burning around bridge for $4.20.

The next meeting of the Board was held December 16, 1872, at which were present the members, as at other meetings, being J. H. Winspear, H.R. Fenton and George Spaulding. The Auditor was instructed to issue a warrant of $106.03 to pay the premium for $2,000 insurance on the court house and furniture, in the Home Insurance Company of Columbus, Ohio; warrant issued to W. H. Turner.

H.R. Fenton was instructed to procure safe for Treasurer, and the Auditor ordered to issue warrant to pay what was necessary for it. Board adjourned to Dec. 17.

Board met December 17, 1872, as per adjournment. Mr. Spaulding was not present. It was ordered by the Board that the Auditor employ an attorney in Clayton County to get proof of the residence of Thomas Carroll. It was voted to issue bonds to William C. Frye in the amount of $6,300 to satisfy a judgment against the County in the United States Court, and also a warrant of $38.80 to said Frye, which would complete payment of judgment. A new survey of swamp lands was then ordered, and in connection therewith the following resolution was passed:
"Resolved, That Frank Stiles is hereby allowed the sum of five hundred dollars for the use of his present survey book of swamp land selections for Osceola County as a guide to the County in conducting the new survey of swamp lands of said County this day ordered by the Board of Supervisors, and that the Auditor is instructed to issue a warrant to said Frank Stiles of that amount, upon his delivering said survey book to the Auditor at his office."

Board then adjourned to Dec. 18, at which meeting nothing was done except allowances for bills of various amounts and kinds, aggregating $1,231.76.

Board met again Dec. 30, 1872, members all present. The first thing done was to instruct the Auditor to insure court house and furniture in the Hawkeye Insurance Company to the amount of $2,000, and issue warrant sufficient to pay premium. It was then voted to accept the proposition of I. A. Barker to print 5,000 pamphlets on Osceola County for distribution, and the Auditor was instructed to issue warrant for $800 to pay the same.

The Board next met December 31. The official bonds were approved and the Auditor's salary was increased; as also that of the Recorder. Polk & Hubbell, of Des Moines, were allowed $100 for service in the case of Wm. O. Frye vs. Osceola County. Bills were then allowed amounting to $1,269.94. Among the bills allowed were:

Frank Stiles, balance on bridge grading, etc. $475.00
J. H. Winspear, railroad fare to defend in Frye vs. County 60.00
J. H. Winspear, expenses in same case 40.00
C. W. Blackmer, counsel and advice 250.00

This last meeting of the Board closed the first year's administration of the County Supervisors. As near as can be ascertained from a thorough search of the records and the minutes of the Board, there was issued in county warrants during the year 1872, $29,000. There was also issued bonds in the sum of $17,801.41. These bonds were based upon judgments rendered in different courts, and aside from the court house bonds, the judgments are based upon actions brought upon county warrants which are a part of the $29,000 of warrants issued. The exact indebtedness at the close of 1872 cannot be accurately determined, but to approximate it would stand as follows:
Bonds drawing 10 per cent, interest $17,801.31
County warrants 18,000.00

Continuing as to the Board of Supervisors, there was to be one member of the Board elected at the general election in 1872. At this election D. L. Riley and L. F. Diefendorf were candidates for the office, and the votes were a little mixed on the Riley ballots. They read D. I. Riley, D. I. Riley, and L. F. Riley, so that the Board declared the result as follows:
VOTES
L. F. Diefendorf 78
D. I. Riley 75
D. L. Riley 55
L. F. Riley 1

And officially declared the Diefendorf was elected.
It cannot be found, however, from the records that Diefendorf ever qualified or acted with the Board. We know nothing of the man, but he undoubtedly conscientiously felt that he was not entitled to the office, and did not have the audacity nor the desire to force himself upon the people even with the Board's decision that he was "duly elected." Something had to be done, however, to straighten the record and overturn this official decision made by the Board, so that the proper proceedings were instituted by D. L. Riley, as contestant, against Diefendorf, incumbent. The tribunal then to decide contested elections consisted of the Circuit Judge and two associate judges, one chosen by the contestant and the other by incumbent. Riley chose I. N. Gardner, and as the incumbent failed to make a choice, the Clerk of the Court, then J. F. Glover, made choice of A.M. Culver. The court so constituted met at Sibley January 2, 1873, and that day and the day following was taken up in preliminary matters, and making up issues, also receiving evidence, and on these days, and including the next day, the case was fully presented to the court. On January 4, 1873, the court decided that the contestant, D. L. Riley, was entitled to the office, and he then and there appeared and took the oath of office and thereby became a member of the Board, leaving Diefendorf to pay the costs.

BOARD PROCEEDINGS OF 1873

The first meeting of the Board in 1873 was held January 6, and was called to order by the County Auditor, and there were present H.R. Fenton and D. L. Riley. Riley elected Fenton chairman, and the Board proceeded to approve official bonds and adjourned until afternoon.

At the afternoon session the three members were present, which added George Spaulding, and these three constituted the Board. Some business was transacted with reference to roads, and the Board adjourned until the next day, January 7.

January 7, 1873, the three members were present. J. H. Douglass, Sheriff, notified the Board that he had appointed C. M. Bailey as deputy; J. F. Glover, Clerk of Court, gave notice that he had appointed as deputy, F. M. Robinson, and F. M. Robinson, County Auditor, notified the Board that his deputy was C. M. Brooks. The Board then fixed the salaries of office, which were to be paid at the end of each month, as follows:

The Board then allowed various bills amounting in all to $331.57, and adjourned to January 20.

January 20, 1873, the Board met pursuant to adjournment, and there were present Fenton and Spaulding, Riley being absent.
Nothing was done particularly at this session. John Beaumont was allowed j$58.35 for services as recorder the year before, up to the time McCausland gobbled the books, and other bills were allowed amounting to $541.60. The Board then adjourned to meet February 20 next.

February 20, meeting of the Board was held as per adjournment, with Fenton and Spaulding present, Riley absent. It was voted that Chairman Fenton employ any counsel to appear for the county any time he may deem it necessary. The following astounding resolution was then passed:
Resolved, That the proposition of C. W. Blackmer be accepted, and the Auditor of this county is hereby directed to issue to the said C. W. Blackmer the sum of twenty thousand dollars, in warrants of such dimensions as the said C. W. Blackmer may determine. It is understood and agreed that, out of the sum so issued to the said C. W. Blackmer, he is to compensate the assistant counsel which he has agreed to employ, and,
"Whereas, The said C. W. Blackmer has further proposed to this Board that he will accept for the remainder of his compensation a contingent fee of 20 per cent of the amount recovered from the railroad company and Woodbury County, therefore, be it further
"Resolved, That said County of Osceola will pay the said C. W. Blackmer and his assistant counsel the said contingent fee of 20 per cent, provided the same shall amount to more than the said sum of twenty thousand dollars; it being understood that the said sum of twenty thousand dollars is to be deducted from said sum of 20 per cent, and that the said C. W. Blackmer and his assistant counsel are only to receive the balance, if any remaining, as a contingent fee."

The Board then appointed L. F. Diefendorf as their clerk pro tem., by reason of F. M. Robinson refusing to act as clerk in issuing warrants to Blackmer. It seems that at this time there was considerable excitement in the county over this $20,000 to Blackmer, which caused the Board in the afternoon of this same session to rescind the resolution, and they passed another, employing Winspear and Blackmer to recover back taxes from the railroad company, allowing the attorneys a retainer of $500 and 25 per cent on the amount recovered. It was also voted that C. M. Brooks should hang blinds upon the court house windows at $4.50 each, and the Auditor was authorized to issue a warrant of $400 to said Brooks, immediately, as part payment, balance to be paid when work was completed. The Treasurer's salary was then increased to $100 per month, and a warrant drawn for $50 for the extra compensation in January.

February 21, 1873, the Board again met with Fenton and Spaulding present, and Riley absent. The Board ordered a warrant drawn of $400, part pay for pamphlets, and allowed bills aggregating $2,611.33. Among the bills were the following:
H.R. Fenton, expenses to Sioux City, four days time $ 45.00
Blackmer, attorney's fees 20.00
McCaffery & Harmon, attorney's fees 35.00
C. W. Blackmer, balance of bill presented to Board
December 31, 1872 250.00
McCaffery & Harmon, attorney's fees 50.00

The next meeting of the Board was held March 11, 1873, at which time there was present Fenton and Riley. Nothing important was done at this session except to pass a resolution dismissing all attorneys and inviting proposals from Sibley lawyers to do the county business. Bills were allowed amounting in all to $565.94.

Board met again April 7, 1873. The following resolution was adopted:
"Resolved, That J. H. Winspear and S.W. Harmon are employed to appear for the county in all suits now pending in the District Court and defend same."
Fenton and Spaulding voting for, and Riley against, Board adjourned to meet April 14.

April 14th, as per adjournment, the record shows that only Riley was present and he adjourned over until April 21.

The record here shows a change in the Board, and that O. Dunton and B.F. Mundorf were appointed to fill the vacancy caused by removal. The first meeting of this newly constituted Board was held April 21, 1873, at which time there were present D. L. Riley, O. Dunton and B.F. Mundorf. D. L. Riley was elected chairman. The Board transacted the usual business pertaining to county legislation. Bills were allowed, a large part pertaining to court expenses, in all amounting to $1,071.46.

The Board of 1874 consisted of D. L. Riley, O. Dunton and F. E. Perry. This Board placed the affairs of the county upon a thorough business basis, and established a system of economy which succeeding Boards have not departed from. The Board of Supervisors from that time up to the present have all been men who had the interest of the county at heart. The debt of the county has been reduced, warrants are at par, and the administration of the county affairs is satisfactory to the people. The different persons who have constituted the Board of different years will be found under the list of county officers.

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