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From: "Cathy Joynt Labath" <>
Subject: [IAPALOAL] History of Palo Alto Co, Chpt. 8
Date: Sat, 13 Dec 2003 09:18:25 -0600


McCarty, Dwight D. History of Palo Alto County. Cedar Rapids, Iowa: Torch Press,
1910

Chapter VIII
The Political Organization of the County
No community of people can long exist without the formation of some sort of
local government. That "man is by nature a political animal" is as true in our
age as it was in the time of Aristotle. The early settlers in various parts of
Iowa felt that the territorial or state government was too remote or too
inefficient to help them, so they formed "claim clubs" to protect their lands
from claim jumpers, and their homes from frontier violence 1 and these clubs
were the first law and order organizations in the new country.
The early settlers of Palo Alto County began to fell the need of a county
organization, soon after they had been permanently settled in their new home.
That portion of Northwestern Iowa had been a part of the original Fayette County
established in 1837 by the Territorial Legislature of Wisconsin, and after Iowa
Territory was formed was continued under the name until 1847. 2
The 3rd General Assembly of the State of Iowa passed an act establishing
forty-nine new counties, this act having been approved Jaunary 15, 1851. 3 Palo
Alto County was in the list and the boundaries then imposed have since remained
unchanged. The events of the Mexican War were still fresh in the minds of the
legislators, and they named this county after the memorable battle of Palo Alto.
4
The northwest part of the state was , however, still unsettled, and so for
governmental purposes the county of Palo Alto was attached to Boone County in
1853. 5 In 1855 it was attached to Webster County "for election, judicial and
revenue purposes." 6 It thus remained as a part of Webster county until a
separate county organization was established in 1858. This was an uncertain and
unsatisfactory arrangement for the early settlers of the county, and gave rise
to much inconvenience and some litigation. The case over a land title was
carried to the Supreme Court, which decided that a conveyance of lands in Palo
Alto County made the year 1857 was properly recorded in Webster County, and that
such a record was constructive notice to a subsequent purchaser after the
organization of Palo Alto County. 7 It is easy to see what a continuing train
of difficulties would follow such dual allegiance, as well as the trouble
incident to traveling such a distance to the county-seat.
In 1858 the settlers took definite steps towards organizing a county
government. An election was held October 2, 1858, but as the necessary
preliminaries had not been taken, it proved illegal. The settlers then threw up
a petition and sent it to Fort Dodge. Luther L. Pease, then county judge of
Webster County, granted the petition and called an election to be held Dec. 20,
1858. This was the first regular election held in Palo Alto County. James Hickey
and James Nolan were the election judges and the voting was done at Thomas
Downey's cabin for the northern settlers and at Wm. Carter's cabin for the
settlers in the southeast of the county. All the settlers in the county were
Democrats, but the campaign was spirited on personal issues and soon developed a
factional fight. The Hickeys and Nolans became bitter rivals. Ed Mahan went down
to West Bend to work for James Nolan and Elias Downey for James Hickey. The
Carter colony people all voted for Hickey, while the McCormicks voted for Nolan.
This alignment turned the tide in favor of the "Hickey party" and elected their
entire ticket. 8
The canvass of the election board showed that there were 44 votes cast with
the following result:
County Judge- James Hickey 27, James Nolan 17.
Clerk District Court- Felix McCosker 27, Martin Coonan 17.
Treasurer and Recorder- John Mulroney 27, Martin Laughlin 17.
Drainage Commissioner- John Shea 27, Robert Shippey 17.
County Surveyor- James McCosker 27, James Shippey 17.
Coroner- Orrin Sylvester 23, Jerry Crowley 17.
Sheriff- Thomas H. Tobin 28. 9
All of these officials were elected for the term of one year. It is
noticeable that all the candidates were from the Irish colony or near by and
that the south part of the county was not represented among the county officers.
The county appears to have been divided into two districts. Palo Alto township
and Cylinder township, and as there were two voting places this division was at
first evidently for election purposes, as well as for administrative
convenience. 10
In addition to the county officers, the following local officials were
elected at the same time:
Joseph T. Mulroney and John Nolan were elected constables, and Lott Laughlin
township clerk for Palo Alto township for one year.
Samuel McClelland was elected constable and township trustee and Wm. D.
Powers clerk for Cylinder township for one year.
James McCormick and Wm. D. Powers were elected justices of the peace for
Cylinder township for two years and Thomas H. Tobin and John Pendergast were
elected justices of the peace for Palo Alto township for two years. 11


_____________
1. See the author's "Early Social and Religious Experiments in Iowa," in the
January, 1902, number of Iowa Historical Record, and works there cited.
2. Journal Wisconsin Territorial Legislature. See also an excellent series of
articles on the establishment and boundaries of the Iowa counties by Prof Frank
H.Garver, Iowa Journal of History and Politics, July 1908, January, 1909, and
July 1909.
3 Laws of Iowa, 1850-51, p. 27
4. The battle of Palo Alto was the first decisive victory of the Americans in
Mexico, May 8, 1846.
5. Acts 3rd General Assembly, Laws of Iowa, 1853.
6. Acts 5th General Assembly, Laws of Iowa, 1855, chap. 142.
7. Meagher vs. Drury, 89 Iowa, 366.
8. These facts as to this first election were given me by James Hickey and A.B.
Carter. The memory of each is marvelously clear as to the dates and events of
the early county organization in which they took such prominent parts. See also
Register of Elections, vol. i, county auditor's office.
9. Register of Elections, vol. i, pp. 8 and 9; office of county auditor, Palo
Alto County, Iowa.
10. There is no official record of such division or the boundaries of these two
townships, but the Register of Elections, vol. i, p. 4 shows certificate of
election of justices of the peace, township clerks and other officers, Dec. 20,
1858, for both "Palo Alto Precinct" and "Cylinder Precinct."
11. Register of Elections, vol. i, pp. 3 and 4, auditor's office.

...to be continued...
Cathy Joynt Labath
Palo Alto Co, IA USGenWeb Project
http://www.celticcousins.net/paloalto/index.htm


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