Following Madill’s victory in the election on July 10, 1908, the election results weresubmittedtoOklahoma GovernorCharlesN.Haskell. Following certification of the results, Governor Haskell issued the following proclamation.
“The Proclamation. STATE OF OKLAHOMA, EXECUTIVE DEPARTMENT.Declaration of result of special election to remove or re-locate the County Seat of Marshall County.”
Whereas, There was filed intheofficeoftheundersigned Governor of the State of Oklahoma on the twentyeighth (28) day of April, A. D., 1908, petition signed by more than twenty-five per centum of the qualified electors of the County of Marshall, such per centum having been determined by the total vote cast in said county for the head of the state ticket in the next preceding general election and having been verified as required by law, praying for a special election for the purpose of submitting to the qualified electors of said county the question of a permanent location of the county seat thereof; and,” “ Wh e r eas, I, the undersigned governor of the State of Oklahoma, by virtue of the authority in me vested, in the manner and within the time prescribed by law, to-wit: On the second (2) day of May, A. D., 1908, did issue a proclamation and did call a special election to be held in said County of Marshall on the tenth (10) day of July, A. D., 1908, for the purpose of submitting to the qualified electors of said county the question of a permanent location of the county seat thereof, and,” “Whereas, Separate petitions verified as required bylaw,signedbynotlessthan three hundred (300) qualified electors of said county were filed with me more than twenty (20) days prior to the tenth (10) day of June, A. D., 1908, praying that the names of the cities, towns and places hereinafter named be placed upon the ticket to be voted at said election; and each of said petitions having been by me examined and found in all things to be in the manner and form prescribed by law, I did cause the names of Madill and Kingston to be placed upon the ticket voted in said election, and,” “Whereas, Said election having been duly held at the time aforesaid and in the manner prescribed by law, and the returns thereof, having been duly certified, and delivered to me, together with all the ballot boxes and boxes containing the affidavits from each and every precinct in said county; and said returns having been duly canvassed by me as required by law, it was by me found that the city, town or place of Madill received thirteen hundred and seventy-one (1,371) votes in said election and the city, town or place of Kingston received ten hundred and thirteen (1013) votes in said election; that the total number of votes cast in said election were twenty-three hundred and eighty-four, (2384) and,” “Whereas, It appears from a certificate of the Secretary of State that the geographical center of Marshall County is about one hundred and thirty feet east of the quarter section corner between sections fifteen and twentytwo, in Township six south, Range five east, of the Indian Merdian, as indicated on said map, and,” “Whereas, the city, town or place of Madill which was designatedintheconstitution asthecountyseatofMarshall County, is within six miles of said geographical center of said county.”
“Now, Therefore, I, C. N. Haskell, Governor of the State of Oklahoma, by virtue of the power and authority vestedinmebylaw,dohereby declare and proclaim that the city, town or place of Madill, being the city, town or place named in the constitution as the county seat of Marshall County, did receive the requisite proportion of all the votes cast in said election for the permanent location of the county seat of Marshall County, and that the county seat of said Marshall County shall be and continue at the city, town or place of Madill until hereafter removed or relocated as required by law. It is further ordered and directedthatatruecopyofthis declaration or proclamation, duly authenticated by the Secretary of State, under the great seal of the state, be spread upon the journal of theproceedingsoftheCounty Commissioners of the said county of Marshall.”
“In witness whereof, I have hereunto set my hand and caused the great seal of the State of Oklahoma to be hereunto affixed, this the 25th day of July, A. D., 1908. C. N. HASKELL, Governor. BILL CROSS, Secretary of State.”
Despite the Madill newspapers' claims to the contrary, the citizens of Kingston did not challenge the election outcome. They seemed to accept it, and everyone moved on from the dispute.
At the time of the election, county commissioners in Oklahoma had the legal authority to issue bonds to construct a courthouse and jail, raise taxes on citizens, or otherwise encumber the county as necessary to fund construction. Before the election, the country was leasing the Lazarus Building on the southeast corner of the square and space in three other buildings on the square for county offices, and following the election, that remained unchanged.
Then, in January 1909, Texas County Senator Joe Morris introduced a bill in the 2nd Oklahoma Legislature that would require a vote of the people of each county to authorize a county to become indebted by the issuance of bonds or other means for the construction of a county building. The bill provided, “Said board shall have authority and power, under the provisions of this act, to provide for the erection and repairing of court houses, jails and other necessary buildings within and for the county and to make contracts on behalf of the county for the building or repairing of the same, but no expenditure for the purpose herein named greater than can be paid out of the annual revenue of the county for the current year shall be made, unless the question of such expenditure shall have first been submitted to a vote of the qualified voters of such county and shall have been approved by a majority of the votes so cast, and the board shall determine the amount and rate of taxes to be submitted to a vote for such purpose.”
In early 1909, the county commissioners began exploring issuing bonds and imposingataxonthecounty's citizens to construct a new courthouse. On April 9, 1909 the Madill News printed an editorial about the need for a new courthouse. The editorial stated: “A COURT HOUSE. To one who has watched closely the public affairs of Marshall County the need of a Court House has become very apparent. On the other hand the man who is not a close observer can see no necessity for such a building.”
“We are first reminded that our county officials are located in four different buildings about the public square. Then, again, that the present quarters are inadequate. They were a year ago, but official business growthdemandsspacebeyond the capacity of buildings at present. Of course the only means the county has of attaining funds for the erection of such a building is to issue bonds, the the interest of which could be paid with the money which is s paid as rent on the present quarters, while the increase in rent for necessary increase in space wouldprovideasinkingfund which would eventually pay for the erection of home for our county officials.”
“We are moving forward ineveryotherway;thenwhy not officially or publicly? Not only should we be proud of an opportunity to do so but believe it economy. No county ever regretted the indebtednessforpermanent public buildings. Nor will we.”
The Marshall County Democrat also joined in the campaign by writing, “Lets begin to whisper it around that Marshall county ought to have a C-O-U-N-T-Y C-O-U-R-T H-O-U-S-E. Most anyone could be convinced of this fact by a visit to our present court house quarters and see how ill convenient things are arranged. Speak to your neighbor about this, andthenlet’shavethesquare deededtothecountyonwhich to erect the Court House.”
However, public support for further indebting the county and raising taxes on the citizens for constructing a courthouse did not have universal appeal. The main opposition to the proposition was from the people of Kingston and Willis. On April 16, 1909, the Kingston Messenger,undernewowner W. S. Grant, began pressing opposition to the proposal. In that edition, Grant wrote, “The Messenger does not desire to be classed among those opposed to public improvements. It believes in push and progress, and is in favor of everything that has a tendency to build up the county and its towns, but there are times when prudencedemandsthatahalt be called in the use of public money, especially when it entails a heavy indebtedness for years to come, that can be deferred until the people are in better condition to assume it.”
“Therefore, we are not in favor of a bond issue for a courthouse at this time. The people are now taxed, under thepresentassessmentabout $2.75onthe$100.00,whichis in itself a pretty heavy 'dig.' There are, we are told, about two thousand taxpayers in the county. A courthouse bond tax would mean from $1.00 to $2.00 more added to the present tax.”
“We are now struggling under the expense of new schoolhouses in various school districts in the county, new state buildings, and numerous other expenses peculiar to a new state, and we believe the people have about all the load of taxes they can carry. It is now costing only about $100 a month rent for a building in which to hold courts and house the county officials, and we think it is best for the county that this be continued for the present at least. Economy is necessary in our county government to get it on a firm foundation for the future. We have seen some of the result of a 'hogwild' 'policy in the appropriations made by the late legislature, which means the taxation of the people of the state to the full limit of the law. Let's wait awhile on the bond proposition and give our people a breathing spell.”
Then, in the summer of 1909, the county commissioners’ proposal to issue bonds for constructing a courthouse was derailed by the passage of Senator Morris’ bill establishing the procedure for indebting a county to build a courthouse. The bill had bipartisan support in both the Senate and the House. Near the end of the legislative session, both houses of the legislature passed the bill, and Governor Haskell signed it into law. And with that, the county began working on a new proposal that included an election. The rivalry was renewed. The camaraderie following the county seat election was gone, and the dispute between Madill and Kingston again “reared its ugly head.”
The Marshall County Democrat then began the campaign for an election to issue bonds for a courthouse. On June 11, 1909, the editor stated, “How about those bonds for a courthouse for Marshall County? The interest on the bonds would not be much greater than the rentthecountyisnowpaying. And the way it is, the county officials are all crammed and jammed up; besides, the District and County Court records are all unprotected from fire. Wouldn’t this be a splendid time to circulate a petition calling an election for this purpose?”
In response, the Kingston MessengerandtheDemocrat began their usual “tit for tat” warofwords. TheMessenger responded, “A courthouse planted in that potato patch at Madill wouldn't hardly attract the attention of a lightning bug, much less that of a passerby. One Kingston man gave five acres of ground in the very best location in town, for our schoolhouse. No, that bond issue-well, let's pass it up for a while.”
The Democrat then responded, “Well, the taters are all dug, and the weeds are allout,andthelightningbugs have all disappeared. So, I guess we had just as well to vote those bonds and get to work on a county courthouse. We sure need it. Our county officials are very poorly housed and inconveniently quartered. By all means Marshall county should have a courthouse adequate for the demands for a county of this size.”
The following week, the Messenger then stated, “If 'the potatoes are all dug, and the weeds all cut,' now would be a good time to get ready to sow turnips and use them to help feed the occupants of the hotel de Webb. But as to bonds for a new courthouse, well, not just yet, please. It has only been a few short monthssincethepeopleofthe county were told that there wouldbenoneedofbuildinga courthouse for several years. Why this haste? Let's wait awhile.”
And with that, the Messenger scored a point. During the county seat fight, one of the main campaign points being made by the supporters of Madill was that if Kingston were selected as the county seat, a courthouse would have to be constructed there,anditwouldrequirethe countytolevyanewtaxtopay for a courthouse in Kingston. They argued that by choosing Madill, the citizens would be spared paying additional taxes because Madill did not need a courthouse. But now, less than a year later, the supporters of Madill claimed they needed a new courthouse and that a new tax should be levied to fund its construction. Their duplicity was glaring, and the people of Kingston saw the hypocrisy.
Despite the apparent discrepancybetweenMadill’s previous arguments during the county seat fight, which stated that no courthouse was needed, the supporters of Madill pressed ahead with their demand. In the November 5, 1909 issue of the Democrat it was written,“DOESMARSHALL COUNTY NEED A COURT HOUSE? This is a question that is very easily answered and can only be answered intelligently in the affirmative. To a very casual observer, the answer would at once be yes. We not only need a courthouse but we need it badly, and it will only be a very short time till we will be compelled to have a courthouse.”
“Judge Richardson, when he was in Madill this week, left word for the County Commissioners that they provide more room for this setting of the District Court. Will this necessitate the moving ofsomemoreofourcounty officials to another building? How can the Board provide more room otherwise?”
“Everybody who will look at this from a reasonable viewpoint will at once agree that Marshall county should have a County Court House. This being settled there is but one thing to do and that is to get busy and vote bonds for that a purpose. The people have different ideas as to the amount of a bond issue for that purpose. This should be discussed and decided upon, and a petition asking the County Commissioners to call an election allowing the county to vote these bonds should be circulated for signers, and it should be done at once.”
Under Oklahoma law, county commissioners are responsible for maintaining county facilities, including courthouses. These buildings are essential for the functioning of the judiciary, housing courtrooms, judge’s chambers, clerks’ offices, and other necessary facilities. The responsibility to provide space for county courts aligns with the commissioners' broader obligation to ensure that county government services operate smoothly and meet residents' needs.
Adequate space for county courts is crucial for ensuring access to justice. This promotes the efficient handling of legal proceedings, minimizes delays,andensuresthe comfort and safety of judges, court staff, attorneys, and the public. Courts require specific features, such as secure areas for judges, jurors, andcourtrooms.Countycommissioners allocate resources and oversee construction, renovation, or maintenance to meet these needs. Failure to meet this obligation can hinder judicial efficiency, create backlogs, and erode public confidence in the legal system. So, Judge Richardson’s demandfor“moreroom” for the District Court placed a burden on the County Commissioners.
For the next several months, the issue stalled and the war of words again seemed to settle down. But then, in September of 1910, the County Commissioners issued the following proclamation. “ELECTION ORDERED FOR BONDS. County Commissioners Fix a Date for Authorizing Issuing Court House Bonds OFFICE OFCOUNTYCLERK,MARSHALL COUNTY, STATE OF OKLAHOMA. A regular sessionoftheBoardofCounty Commissioners of Marshall County, State of Oklahoma, was convened and held in the County Clerk's office in Madill, the County Seat of MarshallCounty,Oklahoma, on the 6th day of September 1910, at the hour of nine (9) a.m.”
“The County Clerk being present and taking the minutes of the meeting. A petition praying that a vote be taken in said County on the question of issuing bonds to the amount of $75.000.00 for the purpose of erecting a court house in and for said County, was presented, which petition is in words and figures as follows, to wit: Petition TO THE BOARD OF COUNTY COMMISSIONERS OF MARSHALL COUNTY,OKLAHOMA:We, the undersigned qualified electors and taxpayers of the County of Marshall, State of Oklahoma, do hereby pray thatavotebetakenatanelection to be called and held in said county according to law, on the question of issuing the negotiable coupon bonds of said county to the amount of $75,000.00, for the purpose of providing funds for erecting a court house in and for said county. Said bonds to bear interest not exceeding Five (5) per centum per annum payablesemi-annually,anda direct annual tax to be levied on all the taxable property in said county sufficient to pay said bonds and interest thereon as same accrues and becomes due.”
“Said petition having been duly examined, the board of County Commissioners finds by reference to the registration and tax lists from said County, and from other reliable sources, that said petition is in due form of law and genuinely signed by 419 qualified electors and taxpayers of Marshall County, State of Oklahoma, the said total number of qualified electors who are taxpayers in the County is 1658, as shown by the last enumeration and that said petition is signed by more than one-sixth (1/6) thereof.”
“THEREFORE, the said petition is found to be in full effect in every respect, as required by law, and is accepted as in full compliance with the law requiring a petition of the qualified electors and taxpayers to be filed with respect to the matters thereof. Thereupon by motion duly made by E. H.McDuffeeandsecondbyD. O. Davis the board of County Commissioners immediately proceeded to an inspection of the books, records and files of the County Clerk and County Treasurer of said County and ordered spread upon this record of this proceedings, a statement in words and figures as follows, to-wit: Statement The Board of County Commissioners finds from an inspection of the books, records and files of the County Clerk and County Treasurer, this the 6th day of September 1910, that the assessed valuation of the taxable property within said County, taken for the purpose of taxation, and in force and effect at this time is $4,714,631.00 That said Marshall County is indebted as follows, as of September 6th, 1910, to-wit: Bonded indebtedness $20,000.00, and a total outstanding indebtedness of said County of every class and character whatsoever; that the cash in the hands of the County Treasurer, for county use is $16,744.24, no part of which is available for the erection of theCourtHouse;andthatthe total outstanding indebtedness of said County together with $75,000.00 of bonds purposed to be issued as prayed for in said petition will not exceed four (4) per centum of the assessed valuation of the taxable property within said Countyasshownbythestatement herein recorded, and does not exceed any statutory or constitutional debt limit of said county.”
THEREUPON,thefollowing resolution was duly offered and regularly passed by said board of Commissioners, the vote being unanimous. ResolutionWHEREAS,Marshall County, State of Oklahoma, has no Court House, and is compelled to pay rental upon unguarded, imperfect and insufficient quarters in private buildings for the use of its officers and Courts and has no adequate means of safeguarding its property and preserving its records from fire or destruction by the elements; and” “Whereas a duly and legal petition has been presented this day to said board genuinely signed by more than one-sixth (1/6) of the qualified electors and taxpayers of said Marshall County, praying for an election to vote upon the question of issuing bonds, set out therein, which petition has been accepted and allowed: and,” “Whereas, the Board of County Commissioners considers it to the best interest of the said county to erect a court house, at the County Seat thereof at a cost of $75,000 00, and to issue the bond of said County in payment therefore…bonds shall not be issued until the question shall have first been submitted to the people of the County, and a Three-Fifth majority of the qualified electors at the special election called by the Board of County Commissioners this day for the purpose, shall have declared by their votes in favor of issuing bonds.”
TheResolutionthenended with the following: “IT IS HEREBY ORDERED, that a special election be and the same is called to be held throughoutMarshallCounty, State of Oklahoma, on Tuesday the 8th day of November 1910, upon the question of issuing the bonds of said Marshall County, to the amount of $75,000 00 for the purpose of erecting a Court House, said election to be held and conducted in all respects as required by the general election law, and in accordance with the proclamation of this Board…” “The polls of said election will be open at the hour of 8 o'clock in the forenoon and closed at the hour of 6 o'clock in the afternoon, of said election day. The said election will be conducted in the manner prescribed by the general election laws of the State of Oklahoma, and all persons possessing the qualifications prescribed by said laws and by the Constitution of said State, are entitled to vote at said election…” Once again, the citizens of Marshall County were headed to the voting booth to cast their ballots for one side or the other in the continued dispute between Madill and Kingston. The fight was on once again, just as before, and the rivalry between Madill and Kingston lived to see another day. A rivalry that seemingly would never go away.