The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1906-08-31
COSTLY AFTERMATH OF
COUNTY SEAT FIGHT
Fifty Leading Citizens OF seIby
County Are Sued for SIO,-
600 Damages.
DESTROYED COURT HOUSE
fore Down County Building at Bangor
and Moved Records to Seloy-his-
tory CT a Most Interest
ing Case.

Aberdeen, S. d., Aug. 2S.-The county
commissioners OF Walworth county
rave instructed States Attorney Gle
and to bring suit against fifty citizens
,f Selby for $4,000 damages for the
sestructon of the court house at Bar
yor in December 1904.
The court house fight dates back
iearly two years when Bangor was de-
:larcd the county seat after an cleo
.son. Selby contested in court and Sc
.ured Judgment by alleged default and
Selby citizens then went to Bangor ana
ore down the court house and re-
moved the records to their town. Later
he order was vacated by the supreme
court and Selby returned the records.
When the Chicago, Milwaukee and
1t. Paul pushed its road on through to
he Missouri river it left Bangor mid
and town, the road going about four
niles north of the old county capital
md located the town of Selby. Selby,
If course, rapidly jumped into proml-
renee together With Evarts and Java,
he other two new railroad towns in the
county. Nearly the whole of Bangor
moved to the railroad towns and in q
years; time all that was left of the old
own was the court house, one store
md the residences of the storekeeper
ind the county officials whose homes
we're too far away to permit of their
living there.
AT the next election ell three of the
'airoad towns sought TO secure the
county seat. Selhy got the nominal
ion and the other two towns then
urned in and worked for Bangor and
.gainst Selby, figuring that if Selby got
he county seat there was no hope for
henl but that if Bangor retained 1T,
hat at some future time Evarts or
Iava might get ii. The result was that
he seat remained at Bangor. This
Was i'm 1902, the year after the rail
'oad went through.
Two years later Selby was again
dominated and again ii had to fight the
Whole county, losing as in the first
light. But The claim was made that
5angor used liquor and got many Rus
sian adherents of Selby drunk who
hereupon voted for Bangor. and when
Judge Gaffy, presiding over that cir
.uit, was out of the state for two short
and secured a removal order from
fudge Smith for the moving of the
county records from Bangor to Selby,
he facts being misrepresented to the
Mitchell jurst. Armed with the Smith
order the Shelby cohorts went over to
3angor enmasse and III the dead of
light broke into the court house and
transferred the records to their town.
When Judge Gaffey returned he was
mighty incenSed at the proceedings and
ordered a trial on the merits of the
case, and decided in favor of Bangor,
xhereupon the Sselby people took the
natter up to the supreme court That
oody decided against the ambitious
.ailroad town, and then as q last re-
sort a move was ln2uSurated TO IN
:rease the corporate limits of Sselby,
The incorporation to take i'm merely II
strip of land only a few rods in width
md four miles long, the strip extend
iy,Cy 10 ln illc far. ~, N
:al1e in the county court house. When
the Bangor people saw what was up
.hey entered vigorous protest on the
grounds of fraud and discrimination,
and the extending of the limits of the
own of Selby in the manner petitioned
for was denied.
The men against whom the heavy
9amage suit is now instituted are the
ieading business and professional men
,f the railroad town, the leaders in
municipal affairs, these against whom
.he suit is instituted being the follow
ng:
N. II. Kingnlan ST.. N. II. kingman.
ir., John A. Koch. Julius Ioetfs, Roy
Ioeffs, William Schwartz, Galusha G.
Palmer, Theodore Schwartz, Peter
Thorstenson, William II. Nudge, l1l-
bridge G. Powell, John Hiemerick, Phil
.ip Grecnman, Paul Elfrink, Arthur
Ningman, II. p. Gutz, Bill Williams,
August Retlse William Simon, George
Waiter. Leon j. Walter, Anthony f.
BirlSholt, Eddie Kingman, James Cof-
ley, John l3erens, Matt Berens. AL
phonso Buchanan, Nelson Personius,
Peter I'innegan, +. a. Miles. L. +.
Brow, Joe Eabbitt. Seigel Hoffman,
Charles Griffin, Adam Hiemerick, Isaac
Smith, Newell Smith, Clarence Clark
Horace Cartwright, Phillip Preszler.
August Schmidt, Chauncey Burr, Ja-
cob Elfrink. A. III. Smith, Frank Gehr-
Ai, Hugh Personius. Homer Clark. AL
a2sander Heise", Elmer Pulls and e. D.
Jenkins.
The case is expected to be heard in
October, and it is understood that the
states attorney has retained Taubman
Williamson G Herreid. who conducted
.he defense in the county seat fight, tc
assist him. This firm, however, re-
fuses to discuss the matter in any man
aer.
The questions involved are said to be
entirely new and will require the plow-
ng of new ground and making of new
precedents.