While the Kingston Messenger and the Marshall County Democrat were engaged in a war of words over the legislation introduced by Marshall County State Representative Stump Ashby, the people of Kingston were quietly working on a different course of action. Ashby’s proposed legislation would establish two court divisions in Marshall County, one in Madill and one in Kingston. Through his bill, Ashby attempted to quell the dispute in Marshall County over which town should be the county seat. If Ashby’s bill had become law, Madill would remain the county seat, but Kingston would be awarded a courthouse where one-half of all county court cases would be held. Ashby hoped this would appease the county's citizens and prevent an ugly battle between the two towns.
Under the Oklahoma Constitution, adopted in November 1907, Madill was named the county seat of Marshall County. However, Article XVII of the Constitution of Oklahoma provided that the county seat could be removed to another town if the citizens approved the removal of the county seat through an election.
Section 6 of the Constitution provided that “Upon a petition or petitions in writing, signed by twenty-five per centum of the qualified electors of the county…said petition or petitions being verified by an affidavit showing that the petitioners are qualified electors of said county and such petition or petitions having been filed with the Governor at any time after four months after the admission of the State into the Union, the Governor shall within thirty days issue his proclamation calling an election to be held in such county not less than sixty nor more than seventy days from the date of his proclamation.”
“Such election shall be held under the provisions of the election laws of the State, and upon such public notice of such election as the Governor in his proclamation may direct, and the Governor shall cause to be placed upon the tickets to be voted at such election, only the names of such towns as may, more than twenty days prior to such election, file with the Governor verified petitions therefor,asabovementioned, signed by not less than three hundred qualified electors of said county.”
While the newspapers of Madill and Kingston were fighting over Stump Ashby’s bill, and the Commercial Clubs of both towns were negotiating a possible compromise, several citizens of Kingston, Aylesworth and Cliff were quietly circulating a petition for removal of the county seat from Madill and transferring it to Kingston.
Interestingly, the editor of Marshall County Democrat, W. G. Draper, believed that the petition being circulated sought citizens' signatures to support Ashby’s bill. However, the petition was an attempt to move the county seat to Kingston. From all the information currently available, it appears that D. R. Johnston, the editor of the Kingston Messenger, knew the petition being circulated was really to remove the county seat from Madill. Still, he continued to argue for Ashby’s bill, seemingly to hide that fact. And it worked. For several weeks, no articles were written in the Marshall County Democrat, exposing that a petition for removal was being circulated. The only references to a petition were those reporting on petitions seeking support for Ashby’s bill.
In one article, appearing in the Marshall County Democrat on April 17, 1908, the editor wrote: “There were some Kingston gentry in our community Monday getting signers to a petition for the Ashby bill, to divide the county court into circuits. Kingston's citizens kept the petition’s intent quiet for several months. But they were working hard to get enough signatures. It was not until the first of May 1908 that the existence of a petition for removal was circulated.
In the May 1, 1908 issue of the Marshall County Democrat, editor W. G. Draper finally reported on the petition being circulated. In that issue, it was reported that: “Last week Dave Faulk of Cliff, and E.R. Carter of Aylesworth were canvassing our town and surrounding county for signatures to a petition for a county seat election.”
On that same day, May 1, 1908, as provided by the OklahomaConstitution,Governor Charles Haskell issued the following proclamation: “State of Oklahoma, EXECUTIVE DEPARTMENT Proclamation: To All Whom It May Concern: Whereas, there has been on this date, to wit: The 1st day of May, A. D., 1908, filed with the undersigned Governor of the State of Oklahoma, duly verified petitions, signed by more than 25 per centum of the qualified electors of the County of Marshall, State of Oklahoma, such per centum having been determined by the total vote cast in said County of Marshall for the head of the State ticket in the next preceding general election, said petitions being addressed to the Governor of said State of Oklahoma, and praying that a proclamation issue calling an election under the provisions of Section Six of Article Seventeen of the Constitution of Oklahoma, to be held in said County of Marshall for the purpose of submitting to the qualified electors of said County, the question of changing, removing or relocating the County Seat of said County, and, Whereas, said petitions have been examined by me, and same being in proper formandinconformitytolaw, and being fully advised in the premises: Now Therefore, I, C. N. Haskell, Governor of the State of Oklahoma, by virtue of the authority vested in me by the laws in of said State of Oklahoma, do hereby call an election to be held in said County of Marshall, for the purpose of submitting to the of qualified electors of said Countythequestionofchanging, removing or relocating the County the Seat of said County, said election to be held on the 10th, day of July, A. D., 1908, and to be held under the provisions of the election laws of the State of Oklahoma,thatnoticeofsuch election to be given by publication of this proclamation in newspapers published at Madill, Kingston and Woodville; if any such newspapers shall fail or refuse to publish the same, then by posting in a public place in such towns or place, for the period of at least six consecutive weeks next preceding the date of such election as herein ordered.
The County Officials of said County are hereby ordered to prepare for the holding of such election under the general laws of the State of Oklahomagoverninggeneral elections. In witness whereof, I have hereunto set my hand and have caused the official seal of the State to be hereunto affixed, this 2nd. day of May, A. D., 1908. Signed: C. N. HASKELL, Governor. BILL CROSS, Secretary of State.”
“Guthrie, Oklahoma, May 2nd, 1908.--I hereby certify that the within is a true and correct copy of the Proclamation issued this 2nd day of May 1908 by the Governor of the State of Oklahoma, calling a special election to be held in Marshall County, Oklahoma, on the 10th day of July 1908; that said proclamation is now on file and a matter of record in this office. Signed: LEE MEYER, Assistant Secretary of State.”
Somehow, the people of Kingston had quietly pulled off a significant tactical move in the battle for the county seat. Over several months, they had garnered enough signatures to force an election to remove the county seat from Madill to Kington.
In response to the Governor’s proclamation, editor Draper write: “IN TO A FINISH, The contest for the permanent location of the county seat of Marshall county has been launched. It has not been the wish or the been desire of the people of Madill to bring about such a contest. We feel that this will be an unnecessary expense imposed upon taxpayers of Marshall county. It is generally the case that more or less embittered feelings are engendered by a campaign which is almost certain to be inaugurated before the ballots are counted. To be sure these embittered feelings can, to a certain extent, be warded off by the proper precautions on the part of those who have the managing of the campaign. The expense of holding the election is certain and must be paid. For those two reasons and no other has Madill been in hopes that a county seat contest in Marshall County might be avoided.”
“Kingston may claim, and doubtless will, that it was not their intention to bring about a county seat contest but that it was forced upon them by the people of Madill. This contention, should they make it would be for no other are purpose than to mislead, for the reason that Madill was designated by the Constitutional Convention the county seat of Marshall County. The readers of the Democratwillrememberthat Kingston proposed a bill for passage in the legislature for dividing the holding of County Court in Marshall County, giving to Kingston one half of the county court. This the people of Madill, and we believe all the people of Marshall County, except those who are personally interested in the town of Kingston, considered a direct imposition upon the taxpayers of the county to forward the private interests of the people of Kingston.
It is true that Kingston, through her Commercial Club, very generously, made Madill this proposition; that if Madill would concede to Kingston one-half of the county court together with the County High School they wouldleavethecountyseatto Madill unmolested. Now Mr. Reader, whose County High School is it? Whose County Court is it? Whose County Seat is it? Does it belong to Madill or to the people of Marshall County? Do you think that Madill had any right to accept any proposition at the hands of Kingston? Do you think it would have been acting in good faith with the people to have been a party to the establishment of a thing that would have been a burden to the taxpayers for all time to come for the special interest of Kingston without first having consulted them in the matter?”
“As we see it, in as small a county as ours is, Kingston had no right to ask for a division of the County Court, and so far as the County High School is concerned no provisions, as yet have been made for it, and should they be made, we suppose that there will also be some provision made as to its location. So they had no right to deal on futures like that. But they have a perfect right to make this contest for the county seat, and if they can land the plum by fair means, they have done well; but they should bear in mind that other people have rights as well as they and that the rights of Madill are being looked after by as loyal and fair-minded men as can be found anywhere. It is unnecessary for anyone to refer to any fraud that may have been practiced in some past election. We are now under state laws and plenty of safe guards are placed around the ballot box to insure anyone against fraud.”
During the war of words betweentheMarshallCounty Democrat and the Kingston Messenger, the editor of the Madill News tried to stay above the fray and took a more measured tone. The paper remained neutral regarding Stump Ashby’s bill and did not get involved in the fight. However, when Governor Haskell issued his proclamation and ordered an election, the editor, C. F. Hart, could no longer keep quiet. In the May 8, 1908, issue of the Madill News, Hart wrote the following: “ARE YOU WITH US! On the 10th of July the people of Marshallcountywillbecalled upon to decide the location of the county seat for the next ten years, and more than likely for all time to come. While it is true that these contests were provided for in the constitution, it is likewise true that the contest in this county is brought about by selfishness, jealousy and greed for gain on the part of a few citizens of Kingston, and not in the interest of the masses of the county.
Further, the present contest was not brought on after just a few days' deliberation on the part of Kingston, but is a matter arranged and prepared for since before we had a chance for statehood. Even now they are building air castles for you to consider as facts, and many things that we will present to you in detail later; while on the other hand, Madill is making no promises that she cannot fulfill. Her convenience and trade advantages are familiar to every voter in Marshall county. Not only has she these to offer, but she is an up-to-date and progressive townwithacitizenshipwhose willingnesstomakesacrifices for the welfare of county officials is far above the average.
Her natural advantages will make this the least expensive place for the county's capital. Even her being located in a natural gas field will save the county many dollars expense each year in the way of lighting and fuel.
Think about the matter, not from a selfish motive, but from the broader and correct attitude of the greatest good for the most people, then go to the polls on election day and vote your convictions.”
Then, in a strange move, the Kingston Messenger printed a letter from a supposed non-resident of Kingston or Madill. The writer used the pen name “M. Quad, Jr.” A search of the historical records of Marshall County revealed that no one named M. Quad, Jr. ever existed. The name first appeared in the Kingston Messenger in August of 1906 and appeared in every newspaper in the county for the next four years. The last time M. Quad, Jr. wrote to a county newspaper was on July 27, 1911, when a letter appeared in the Madill Times. While no one ever knew the true identity of M. Quad, Jr, it seems likely that the writer was just a secret penname for D. R. Johnston, the editor of the Kingston Messenger.
In the May 8th issue of the Kingston Messenger, M. Quad, Jr. weighed in on the county seat fight with the following: “SOMETIMELYADVICE ANDSOMEOTHERFACTS PRESEDENTED. (A Communication) We will try to present the views of the country people in regard to the location of the county seat after having heard a considerable number express themselves. The fighting will have to be done mostly by the people residing in the contesting towns, as there is a great many people who are indifferent and uninterested in the matter and there is a class that have no choice in the matter, and there is still another class that don't care if the county seat is located at Randolph, neither do they care whether we have any county seat or not. This last-named class will not even vote in the election unless it’s real convenient, and unlesssomeonepersuades them to go and vote. Now if this is to be a fair and square fight, why get excited over it and act the fool as some did in the Sequoyah election, we are older now and had some experience, lets take it quitely, but earnestly.
Again if this is to be a fair fight why is it necessary to have so much money to carry on this fight. We were with the Madill people in the other fight and know that there was a lot of money wasted. I do not charge that any money was used with which to buy votes, just wasted in several different ways in the othercontest.Weworkedand voted for Madill because we lived there and had a little home there. Now we have no interest there in the way of dollars and cents and as Kingston is near the center of the county and as we live near Kingston and have a home here we are in favor of Kingston, we will give other reasons in the future. Now as I am a common 'clod hopper' and not aspirant for any office and have no ax to grind I offer a few suggestion which maybeusefultoKINGSTON. Don't make a lot of promises to the people that you don't expect to keep. Don't suffer any man to try to buy votes or to deceive any one. Don't send out a lot of false reports against Madill, but present your arguments in a straight forward manner.”
“Don'tpromisethecountry people that you will BUILD THE COURT HOUSE OUT OF YOUR OWN POCKETS as Madill did in the other contest. Don't promise the country people that none of you will ever run for an office, but will give the offices to the farmers, as Madill did in the other contest.
But if you want to interest the farmers and country people tell them that you will help make good roads, so we farmers can get to your town without having to open a dozen gates and throw down a dozen wire fences. Tell the farmers that you will open up the section lines without waiting to be forced to do so by the people. We believe about the best thing you can do to interest the country people would be to organize a good road club, and spend a little money in that direction. Madill won't do it! She neverdidandwepresumeshe never will. Madill lost several thousand dollars worth of businessonaccountofthebad roads from the south, last year, we admit that Kingston has spent some money on roads close to town, but there remain quite a lot to do yet in the way of road, making and opening up new roads.
M. QUAD. JR.” The fight now shifts from Ashby’s proposed bill to an actual campaign for the county seat. Instead of a war of words over circuit courts and a county high school, the battle for votes has begun. Chalk up this first battle to Kingston's people and the Kingston Messenger's editor. While seemingly fighting for Ashby’s bill, they secretly collected signatures on a county seat election petition. They succeeded in fooling the people of Madill and the editor of the Marshall County Democrat. But now it was all out in the open, and an election was scheduled for July 10, 1908, and the game was on.
Interestingly, Stump Ashby’s bill was never formally introduced in the Legislature and died a quiet death. Was Stump Ashby sincere when he drafted his legislation? Or was that another ploy by the people of Kingston, aided by Ashby, to distract the people supporting Madill so that the Kingston folks had time to circulate a petition seeking removal of the county seat? No know knows for sure. But if it was a planned distraction, it worked. Kingston got their election.
Now, the fight turned its focus on which town was closer to the geographic center of the county, as that would dictate how the election would be decided. Far from over, the war continued. More on that next week in part VIII.