The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-09-30
49,
IOWA
kENsETT BEATEN, AGAIN
Seat of~Worth County, Iowa, viii Remain
at Northwood.

Seat of~Worth County, Iowa, viii Remain
at Northwood.
= NORTHwooD, IoWA-A county-seat
fight which has ragged in this lWorth)
county between Northwood and Kensett,
was to-day decided by Judge Kelley Of
the district court. Northwood has been
the county seat for about forty years
In 1879 .Kensett attempted to wrest the
prize from 1t on the plea that it was two
miles nearer the geographical center OF
the county. Kensett. was defeated by
small majority, but took up the fight again
In 1892, when 1t was again beaten In
March Of the present year the unpleas-
antness was again renewed. Kensett re-
lied upon having a majority Of the board
Of county supervisors, and: went into the
fight tooth and nail: Al petition was cir
culated, and an apparent ma ority Of the
voters Of the county was induced to sign
the request for submission to the people
at the general election Of the question
Of relocation Of the county seat.
On March 81, 1902 Kensett filed Its
petition, alleged to bear the names of
l. 623 petitioners for removal. On May 2S
the Northwood DIRECTORS filed their re-
rnonstrance, bearing the names Of 1882
signers, $40 of whom had also signed
the petition, and under the law could
only be counted on the renonstrance,
leaving the petition at ], 253-279 less than
the number on the remonstrance, and con-
siderably less than a majority of the legal
voters Of the county.
~ After the filing Of the rernonstrance,
and prior to the June session of the board,
the Kensett petitioners filed It's: "aff1da-
Wits" of persons who had signed both
documents and who asserted they wanted
their names taken from the remonstrance!
Contrary to several Iowa supreme court
decisions, majority Of the board held
that such affdavits} were proper evidencos
also, that the names Of $50 persons should
he; stricken from the remonstrance be-
cause they had signed that document be-
fore the petition was filed! This arbitra-
nv ruling gave the petitioners an apparent
majority Of 1854, and on this the board
ordered the question 1ofd relocation sub
n1ttted to the voters atlEtlre. next general
election. The remonstrators appealed
and a stay of proceedings was granted by
Judge Clyde of Usage and the board was
instructed to certify its findings to the
district court for review. On this ruling
the case came before judge Kelley at the
September term Of the Worth county d1s-
trict court, both sides being represented
by counsel. Judge Kelley's opinion was
received this morning. He finds, that the
IT'S "affidaviters" should be counted or
the remonstrance. as should also the S5e
names stricken off by the board; that
there were 1880 names of legal voters
remaining on the petition; that there were
1926 names Of legal voters on the remon-
STRANGE; that the petition has been signed
by thirty -four less than sone-half OF the
legal voters in the county, and by 276 less
than the rernonstra.nce.- He therefore an
nnuls the proceedings Of the board so ia,
as inconsistent with this opinion, and oil.
reefs, them to proceed in accordance
Herewith. T. ~: "a
The opinion covers several points mo-
heretofore ruled upon, and the case IS one
of much general interest. It Is likely inc
finding Of the court Is q solar plexus DO"
to Kensett. and that its ambitions to be.
come the capital Of Worth county have
been buried beyond any possible hope o.
resurrection. l@ ''-> .s- -.,-.: