Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-03-12
GARNER MUST WAIT
Judge Clyde Enters Decree in
the Famous Hancock County
Seat Case.
Supervisors Enioined From Re.
moving County Court House
to Garner.
Voters Will Be Given . Chance
to Decide the Contest
In 1908.
special to Times Republican.

Special to Times Republican.
Garner, March ~. Judge Clyde today
entered decree in the famous Hancock
county seat contest, by which it is or
dered and decreed that the board OF.
supervisors of this county and their
successors be restrained and enJoned
from removing the court house from
the site at Concord or toSany place out
side the original plat OF Concord; from
removing the county offices or records
therefrom; for using the new court
house for any of the county offices or
having from the county funds money
for coal for heating of same: but moth
ing in this decree shall prevent the
county seat at Garner lie such is done
parties agree in open court. This leaves
the court house question the same as.
for the past two years The case was
tried ever a week ago and Judge Clyde
took the case under Amusement. This
court house fight is becoming as famous
and interesting as the noted Jones
county calf case. only 1t is little
nearer of" to a settlement. This pres
ent feature of the case is a part of the
two cases taken to the supreme court
a year or two ago. After the petition
and remonstrance had been duly circu-
lated liz 1898 the county board conclud-
ed to build a new court house in block
70 in the town of Garner, the money OF
course to be donated by Garner citi-s
zens. The Britt people would not stand
for that, SO they, too. filed a bond To-
build a court llousesat Britt without any
cost TO the taxpayers of the county.
Hence they took the matter into court
in two eases. one being a certiorari
case and the other for Injunction. Judge
Clyde ruled against both cases The
Britt people appealed to the supreme
court. In the meantime aGrner Went
Son and built a court house anyway.
Then like clap of thunder out of the
October sky of 1899 the supreme court
reversed the decision of Judge Clyde.
In the certiorari case the actions OF the
board We're annulled, thereby holding
that the county board had no right to
move the county seat from Concord to
Garner without a direct vote of he peo-
pie. The demurrer to the injunction
case was overruled and the case re-
manded back to the lower court for fur
Their proceedings in harmony With this
opinion This is the side of the case
lust heard and closed before Judge
||Clyde Additional developments COM
|plicate matters as time wears on. The
county board had ordered three officers
with their offices togo to the new court
house and the county would pay for
fuel, etc. They were the county super
the sheriff and the scouns y at
torney. Britt's side has been handlsc
by the Britt attorneys much to the dis
comfiture of the Garner folks. Concord
will be the county seat Of Hancock
county till 1903 at least, when it will be
submitted 10 the vote of the people. In
the meantime lawyers and clients must
travel the many acres of Intervening
farm lands. About the spring ef 1898
Garner annexed Concord. Would it moi
have been better for Concord to have
annexed Garner? In 1903 Garner and
Britt may go after the court house thru
a vote. Garner has the advantage of an
actual court house already constructed,
but Britt's bondis up to do Just as we'll
and tine town has the advantage of
more central location.