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pointment, and the officer ordering said election shall give at leat ten days' notice of the time and place of holding said election, by three advertisements, which shall be posted up at three of the most public places in the neighborhood where each of the polls shall be opened.
"Sec. 4. That the officer ordering said election shall receive and canvask the polls, and grant certificates to the persons elected to fill the several offices mentioned in this act; the officers ordering each of said elections shall discharge the daties of a clerk of the board of county commissioners until there shall be one elected and qualified for said county.
“ Sec. 5. Said election shall in all cases not provided for in this act be conducted according to the laws of this Territory regulating general elections.
“ Sec. 6. The officers elected under the provisions of this act shall hold their offices until the next general election and until their successors are elected and qualified.
“Sec. 7. The officer ordering the election in said county shall return all the books and papers which may come into his hand by virtue of this act to the clerk of the board of county commissioners of said county forth with after said clerk shall be elected and qualified.
"SEO. 8. That it shall be the duty of the sheriff of D[abaska county to perform the duties required by this act until the first Monday in Septeinber next, and until a sheriff shall be elected and qualified for said county of Marion, and the said sheriff shall be allowed the same fees for services rendered by him under the provisions of this act that are allowed for similar services performed by the sheriff in siinilar cases.
“ Sec. 9. ' That the clerk of the District Court of said county of Marion, may be appointed by the judge of said judicial district, and qualified at any time after the passage of this act, but he shall not enter upon the duties of said office prior to the first day of Angust next.
“Sec. 10. That all actions at law in the District Court for the county of Mabaska commenced prior to the organization of the said county of Marion, where the parties or either of them reside in the county of Marion shall be prosecuted to judgment or decree as fully and effectually as if this act had not been passed.
“Sec. 11. That it shall be the duty of all justices of the peace residing within said county, to return all books and papers in their hands appertaining to said office to the next nearest justice of the peace which may be elected and qualified for said county, under the provisions of this act. and all suits at law which may be in the hands of such justice of the peace, and untin, ished, shall be completed and prosecuted to final judgment by the justice of the peace to whom such business or papers may have been returned.
“Sec. 12. That the county assessor elected under the provisions of this act for said county shall assess the said county, in the same manner and be ander the same obligations and liabilities as now is, or may hereafter be, provided by law in relation to the county assessor.
“Sec. 13. That Ezra M. Jones, of Van Buren county, Joseph Robinson, of Scott county, and James Montgoinery, of Wapello county, be and they are hereby appointed coin missioners to locate and establish the seat of justice of Marion county. Said commissioners or a majority of them shall ineet at the house of Wilson Stanley, in said county, on the second Monday in August next, or at snch other time in the month of August next at may be agreed upon by them, in pursuance of their duties under this act.
“ Sec. 14. Said commissioners shall first take and subscribe to the following oath or affirmation; to-wit., we do solemnly swear that we have no interest either directly or indirectly in the location of the county sext of Marion county, and that we will faithfully and impartially examine the sitnation of said county, taking into consideration the future as well as the present population of said county, and that we will take into consideration the best interests of the whole people of the county, and that we will not be infinenced by any fee or reward or any promise thereof; which oath shall be administered by the clerk of the District Court, or by some.justice of the peace of said county of Marion, and the officer administering the same shall certify and file the same in the.office of the clerk of the board of county commissioners of said county, whose duty it shall be to record the same.
“Sec. 15. Said commissioners when met and qualified under the provisions of this act, shall proceed to locate the seat of justice of said county; and as soon as they shall come to a determination, they shall commit to writing the place so selected, with a particular description thereof, signed by the clerk of the commissioners in which such seat of justice is located, whose duty it shall be to record the same and forever keep it on file in his office, and the place thus designated shall be the seat of justice of said county.
"SEO. 16. Said commissioners shall receive the sum of two dollars per day, while necessarily employed in the duties assigned to them by this act, and two dollars for each twenty miles travel in going and returning, to be paid out of the first funds arising from the sale of lots in said seat of justice.
“Sec. 17. The county of Marion shall form a part of the Second judicial district, and it shall be the duty of the judge of said district to hold one term of said court in the same on the twelfth Monday after the first Mon. day in March each year.
“Sec. 18. This act to take effect and be in force from and after its passage.
“JAMES M. MORGAN, Speaker of the House of Representatives.
“S. Ő. HASTINGS,
“ President of the Council. “ Approved, June 10, 1845.
“ JOHN CHAMBERS,
In accordance with the provisions of this act, William Edmondson, sheriff of Mahaska county, proceed to organize the county. The territory composing the connty was subdivided into election precincts, judges and clerks were appointed for the several precincts and notices of election posted up according to law.
We have been unable to find the official notice of the organizing officer, but from the poll-books of the election, we have been enabled to ascertain all the facts relating to the election which will be of interest to the general reader.
The county was subdivided into five election precincts which we desigDate as follows: Knoxville precinct, English precinct, Cedar precinct, Red
Rock precinct and Lake Prairie precinct. In the Knoxville precinct, the election was held at the house of Landon J. Burch. Richard R. Watts, William Burch and John Babcock were judges; Samuel H. Robb and Lan. don J. Burch, clerks of the election. In the English precinct the election was held at the house of Thomas Nichols; the judges were Thomas Nichols, Thomas Tong and David Durham; Joseph Clark and Elias Williams were clerks. In the Lake Prairie precinct the election was held at the house of Robert Stephenson; the judges were James Chesnut, Edward Billaps and R. D. Russell; Mordecai Yearns and Alexander J. Cayton were clerks. In the Cedar precinct the election was held at the house of Conrad Walters; the judges were Conrad Walters, David Sweem and Garrett W. Clark; B. Sherwood and J. B. White were the clerks. Lake precinct had its place of election at the house of Wilson Stanley; Asa Koons, Wilson Stanley and Levi Bainbridge being judges, and John J. Mudgett and John W. Deweese were clerks.
This being the first election in the county and being held at so early a period it cannot fail to be an event of great historical importance. We, therefore, will give a very full account of it, exhibiting the vote cast for each candidate, and giving the names of the persons who voted in the sev.. eral precincts
It will be remembered that this report of the first election is copied from official documents which the writer found after great difficulty, and the names of the voters as here given is the fullest and most authentic account yet published of the people who settled in the county prior to September 1, 1845.
The names of the voters in this precinct are as follows, given in the order in which they cast their votes: L. W. Babbitt, Wm. McCord, Jaines W. Watts, John Babcock, Thomas Thomson, John P. Glenn, Nathan Bass, John M. Jones, J. Brons, Henry Hall, James Boakens, W. M. Blankship, John Johnson, Landon J. Burch, Samuel H. Babb, Richard R. Watts, Wm. D. Burch, Lossen G. Terry, A. C. Sharp, Isaac Walters, William D. Hal. sey, John Kinney, Elijah Johnson, James Walters, Wm. H. Garrison, Jeremiah Shepherd, John Essex, Hiram Pugh. Twenty-eight voters in all.
The vote cast in this precinct was as follows:
FOR COUNTY COMMISSIONER.
David Durham ....
26 26 16 3 2 1 1 1
Thus it will be seen that Richard B. Watts was the person first elevated to the office of justice of the peace in the Knoxville precinct, and Thomas Thompson was the first constable.
The names of the voters are as follows: Thomas
Tong, F. A. Barker, D. T. Durham, Nathaniel T. Day, George Wise, Elias Williams, Lewis S. Jones, John Wise, Joseph Clark, Jacob Hendrix, Thos. Nichols, Henry Sadoros, David Gushwa, James Tong, John P. Pearce, Alex May, Henry Haymaker, Wm. Greeman, Thomas Gregory, Horace Lyman, Isaac Willsey, Thomas B. Clifford, Wellington Nossaman, Joshua Way, Matthew Ruple, Squire B. Zane, Samuel C. Nicholson, Eli Legget, Benajab Williams, J. A. Rousseau, Andrew McGruder, Jobn S. Foster, Andrew Foster, Benj. Spill. man, Solomon Robison, A. C. Buffington, Allen Lowe, Solomon Thrush. Thirty-eight votes in all.
The vote cast in this precinct was as follows:
16 18 1
Isaac B. Power
Green T. Clark