Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-10-01
.NOR1HNOOD WINS OUT
winnebaso County Seat Fight
Settled for Time Being
By District Court
JUDGE KELLY RENDERS DECISION
Petitions and Remonstrances consid-
cred by the Court, Which AnnuIs the
Proceeding. Of the 1oard-Not Like
ly That the QUESTION Will Be Sub
mitted to an Election.
special to .Times-Republlcan.

Special to .T1meS-Republtcan.
Northwood. Oct. 1.-The famous
county seat fight between Kensett and
Northwood was decided by Judge Kelly
of the district court yesterday.
Northwood has been the county seat
for about forty years. In 1879 Kensett
attempted to wrest the prize from it on
the plea that it was two miles nearer
the geographical center of the county.
Kensett was defeated by small ma
jority, but took up the fight. again IN
1892 when it was again beaten. In
March of the present year the unpleas-
antness was again renewed. kensett
relied upon having majority of the
board of county supervisors, and went
into the fight tooth and nail. petition
was circulated, and an apparent ma
jority of the voters of the county was
Induced to sign the request for submis-
sion to the people at the general elec-
ton Of the question of relocation of the
county seat.
On March 81, 1902, Kensett filed Its
petition, alleged to bear the names or
1923 petitioners for removal. On May
% the Northwood DIRECTORS filed their
renonstrance. bearing the names OF l.
532 signers, $40 Of whom had also sign
ed the petition, and, under the law
could only be counted on the rernon-.
STRANGE, leaving the petition at 1.253-
279 less than the number on the remon-
STRANGE, ana considerably less than
re hn nj
county.
After the filing Of the remOnstrance,
and prior to the June session of the
board, the kensett petitioners filed It's
"affidavits" of persons who had signed
both documents, and who asserted they
wanted their names taken from the re-.
monstrance! Contrary to several Iowa
supreme court decisions. majority of
the board held that such af1idavits were
proper evidence ;also that the names of
$50 persons should be stricken from the
remonstrance because they had signed
that documents before the petition was
filed! This arbitrary ruling gave the
petitioners an apparent majority of S64,
and on this the board ordered the ques-
ton of relocation submitted to the vOt-
ers at the next general election. The
demonstrators appealed, and a stay of
proceedings was granted by Judge
Clyde Of Usage, and the board was in
structed to certify it's findings to the
district court for review. On this ruiz
ing the case came before Judge Kelley
at the September term of the Worth
county district court, both sides being
represented by counsel. Judge kelley's
opinion was received yesterday morn
ing. He finds that the 175 affidavit
ers" should be counted on the remons-
trance, as should also the $50 names
stricken off by the board: that there
We're 1880 names Of legal voters re-
manning on the petition; that there
were 1895 names of legal voters on the
circumstances; that the petition has
l.been signed by thirty-four less than
one-ha1f of the legal voters In the
county, and by 276 less than the re-
monstrance. He therefore annuls the
proceedings Of the board so far as in
consistent with this opinion, and directs
them to proceed in accordance there
with.
The opinion covers several points not
| heretofore ruled upon. and the case is
one of much general interest. It is
likely the finding of the court is a solar
plexus blow to kensett, and that its
ambitions to become the capital of
Worth county have been buried beyond
any possible hope of resurrection.