On August 5, 1913, the citizens of Marshall County wenttothepollsforthefourth time to vote on a bond issue to pay for the construction of a county courthouse. As in the first three elections, the bond issue failed on the fourth try.
Within days of the election loss, the courthouse supporters began circulating a fifth petition for a bond issue. The “Yes” group was determined to force the issue and pushed hardandfast. Wouldthefifth time be the charm? Or would Kingston continue to play the spoiler in their rivalry with Madill? The citizens of the county would soon find out.
As the fifth petition was circulated, the Marshall County News-Democrat issued an opinion article on August 22, 1913, that tried to strike a more conciliatory tone than previous writings. In that piece, the editor wrote: “A great deal has been said about the courthouse proposition having been voted down in the past and a greatdealhasbeenandisstill being said and argued why this should prove a reason why the people of Marshall county who realize the needs of all the people for a county building, should again defeat the measure. The News-Democrat would not attempt to criticize anything which may have served as a motive for anyone voting against the courthouse measure in the past. It is a wellknown fact that many, very many are too much inclined to vote against any measure which calls for an increase in our taxes no matter how small that increase may be. The general public is too prone to vote down matters of progress just because the words 'tax' and 'interest' are brought to their own minds, before casting their votes again against the courthouse bond proposition whether they can afford to remain longer without a county building!”
“Marshall County is one of the wealthiest counties in southern Oklahoma. She has an abundance of the richest and most fertile soil, and she has a class of people who are noted far and wide throughout the state as progressive and up-to-date citizens. Can these progressive and up-todate citizens afford to suffer themselves and all other Marshall County citizens to remain longer without the great public utility county courthouse? Unfortunately, some who are opposed to the measure are using the argument that Madill wants the courthouse, and for that reason, the bonds should be again defeated. Such an argument is no argument. One man in particular-a man who knows better-a man who has a considerable influence--has gone to such an extent as to attempt to show that the majority of the voters of Marshall County are against the courthouse-that the majority has always voted against the courthouse bonds. And in the elucidation of his argument, he states that, eliminating the vote of Madill there was a majority of one hundred and eighty-seven votes against the courthouse bond issue. In all fairness let us ask-and let the man who advanced this argument answer, why should the voters of Madill be eliminated from the courthouse bond issue elections? Do not the people of Madill own property and do they not pay taxes on this property? Have not the citizens of Madill just as much interest in this matter as have those of any other section of the county?”
“For God's sake let us be fair in this matter. For God's sake let us all be broad-minded enough to realize-to know and to feel that we are all citizens of Marshall county and that no matter whether we are citizens ofMadilloranyothertown in the county we all have the same common interest in view in the matter of the advancement of the county's weal. The News-Democrat would not cast one iota of recrimination against anyone from any other section of the county. The News-Democrat would not seek to influence one vote for the courthouse bonds by unfair means but the News-Democrat does ask that the citizens of the City of Madill as well as those of every other section of Marshall County, be accorded fair treatment in this matter.”
The petition organizers changedtacticswhentheydecided to make a fifth attempt at passing courthouse bonds. In the first three attempts, they asked for bonds for a courthouse and a jail. On the fourth attempt, they added a road bond issue, believing that improving roads would improve their chances. But just as in the first three attempts, adding road bonds madenodifference.So,forthe fifth attempt, the organizers dropped the jail bond and only pushed for bonds for a courthouse.
In addition to only asking for one bond issue, they presented the citizens with a more modest, scaled-back courthousedesignthatwould notseemsoostentatious. The new courthouse was three stories, with a partial basement to house a small jail. The first floor would house the County Clerk, Treasurer and Assessor. The second floor would house the court clerk, the county attorney, a district court, a county court courtroom, judges’ offices, and jury rooms. The third floor would consist of the District Court courtroom balcony and offices for other county business. A photo of that third courthouse design accompanies this article.
On August 19, 1913, the Board of County Commissioners met to consider the petitionforacourthousebond issue. Following a vote of the commission, they issued the following proclamation. “WHEREAS, a petition signed by more than onesixth of the qualified electors and taxpayers of Marshall County has been filed with this Board on the 19th day of Aug., A. D., 1913, asking that a vote be had upon the question of issuing bonds of said county, for the purpose of constructing a court house, in, to be owned by and for the use of said county, and WHEREAS, as shown from the certificate of the county treasurer, the assessed valuation of the taxable property within the county of Marshall, Oklahoma, as shown by the last annual equalized assessment rolls of the property within said county taken for the purpose of taxation, and in force and effect at this time, together with the outstanding indebtedness of every class and character whatsoever and the cash on hand in the treasury for county use, with the amount of bonds to be issued is as follows: ‘I Ava Milner, the duly elected, qualified and acting treasurer of Marshall County, Oklahoma, hereby certify that the assessed valuation of the taxable property within said county, as shown by the last annual equalized assessment roll of the property within said county for the purpose of taxation, and in full force and effect at this timeis $5,558,668, that the outstanding indebtedness of every class and Character whatsoever is $34,800.00, that the cash on hand in the county treasury for county use is $20,377.21, that the amount of bonds to be issued is $75,000, and that none of the above mentioned funds are available for the erection of said building. IN WITNESS WHEREOF, I hereunto set my official hand this 22nd day of Aug., A. D., 1913.’” “NOTICE IS HEREBY GIVEN, that on the 29th day of September 1913, an election willbeheldinsaidcounty at the regular polling places therein, for the purpose of presenting to the qualified electors of said county the proposition of issuing the negotiable coupon bonds of said county for the purpose of constructing a court house in to be owned by and for and use of said county, in the amount of Seventy Five Thousand Dollars ($75,000) said bonds to be dated Oct., 15th, 1913, and become due and payable October 15th, A. D., 1938, and bear interest at the rate of five and one-half percentum(5%)perannum.”
Just six weeks after a failed fourth attempt to pass the courthouse bond issue, the people of Marshall County would return to the polls for a fifth time. In response to the fifth attempt, the Kingston Messenger strongly rebuked the scheduled election. In an article dated August 30, 1913, the Messenger wrote: “Let the people of Marshall County place an emphatic seal of condemnation upon the attempt to force them into a deal to vote bonds for a courthouse. Madill is playing with fire. The worm may turn, and she may hear something drop that will jar her worse than a negative vote on the courthouse bonds. Better be careful. Some of the leading men of Madill have said that if the people will not willingly consent to build a courthouse, that they will continue to call elections until they spend enough money to do so. And these tactics, we suppose, is what the News-Democrat would call 'fair-dealing.' If the taxpayers of Madill can stand it, the people can, inasmuch as they get a part of the expense money, and that is more benefit to them than an expensive courthouse would be.”
And yet you yell for 'fairness.' The returns of the last election had hardly been counted until a petition for another election was filed. The people of the county were entirely ignored, and the brute force of Madill's 500 brought to bear to compel the Commissioners to make another order and plunge the county into the expense of again saying no, which it will do.”
“In the last issue of the News-Democrat a pitiful wail goes up to impress the people with the idea that Marshall County needs a courthouse and needs it right now, despite the fact that the people have four times said that they are not ready to build it. This is a sufficient reason to be opposed to any further action in the matter and the action of Madill in forcing another election on the people because, forsooth they have the power and can do so, is proof conclusive that with that place, it is a disposition on their part to consider the people of the county as a nonentity. Or in other words, assomepoliticianshaveputit when they have a pet scheme to put through, ‘The people be damned.’” In the previous elections, one of the arguments the “Yes” group used was that without a fireproof building, the county's records could be destroyed if a fire beset the Lazarus Building being rented by the county. Then, in early September 1913, the argument went from hypothetical to reality due to some significant events in Madill and Kingston. First, a major fire broke out on the south side of the square around September 5th that destroyed several buildings. Shortly after midnight on the morning of the 5th, a fire occurred in several buildings. The buildings destroyed included a pool hall, restaurant, shoe shop, and a millinery store. Due to the efforts of the volunteer firefighters, the remaining buildings on the square were spared. The fire's origin was undetermined, and the buildings destroyed were all woodframe structures. However, the loss of all those buildings demonstrated the need for fireproof structures.
A fire in downtown Kingston in early September destroyed the C. H. Terry mercantile store. Terry lost everything, including several irreplaceable “family relics.” Within days, Terry announced that he would rebuild, but he was planning a “fire-proof” building due to losing his entire stock and the “irreplaceable family relics.”
However, the most significant “scare” occurred around September 15th when someone dropped a lighted match in the register of deeds office in the rented courthouse in the Lazarus Building, causing a fire to erupt. However, the quick action of the county employees prevented the entire structure from being destroyed, along with all the county’s property records.
IntheSeptember19,1912, issue of the Marshall County News-Democrat, the editor seized on the incident and reported, “In its last issue, the KingstonMessengerasksthe News-Democrattostatesome reason why Marshall County should build a courthouse. Were we a Yankee we might answer the query of 'Why Marshall County should build a courthouse' by asking 'Why should not Marshall County build a courthouse?' The reasons why are many and substantial ones. For one thing, the past progress and present standing and prosperity of this county demand a public structure in whichourcourtsmaybeheld, our county officers housed, and our public documents properly cared for. And the need of safe care of those public documents is in itself the greatest evidence of a crying need for a courthouse or county structure. At every moment in the day or night the public papers of Marshall County are menaced by danger of destruction by fire. That this danger is a real and not an imaginary one is conceded by practically everyone in this county and was evidenced fully only a few days ago when the cool heads and quick work of those in the register of deeds office were all that saved the tinder box, at present used for courthouse purposes, from quick and total destruction. A lighted match thrown upon the floor ignited some waste papers lying thereon. In a second, these papers were in flames; in another second, the wainscoting and partition wall were blazing and in but a few more seconds, the entire building would have been a roaring furnace beyond all possible hope of saving. Upon this occasion, fortunately, there were those present who saw the blaze as it first leaped into life and who extinguished it before it gained a headway beyond control. But while we all know that a like danger from fire menaces this building daily we, none of us know that someone will always be on hand to act promptly in saving the structure and the records and documents therein. We trust this will prove as an answer to the Kingston Messenger and be accepted as one reason why MarshallCountyshouldhave a courthouse. Many more equallyasgoodreasonsmight be urged.”
The next week, the Kingston Messenger ignored the fires and printed a letter from W.A. Crites of Isom Springs. Crites wrote, “Say, this bond issue is getting serious with Madill. It must be a life and death case, for someone offered Ben Pardue a twoseated automobileifhewould do a small a thing as to betray the confidence of his many friends and to make a turncoat out of himself and work for the bond issue. Those courthousepeopleremindme of a fellow who went fishing soon one morning and never came in that day at all. The next day, his wife got uneasy about him and sent to hunt him. Late in the evening of the second day, the searcher found him, and when he was asked what delayed him, he shook his head and told him to hush and said, 'I got one of the darnedest bites here yesterday morning you ever saw.'' And he kept on fishing. At last, to his misfortune, he found it only to be a sucker nibbling.”
“Now, Mr. Court House man, don't be alarmed if you only get a few sucker nibbles. But say, if money was as inexhaustible as some of you fellows would have people believe, these big bond issues and donations would not be so serious, but as our pocket change is limited, the result could be serious, but a county like ours that pays near six million dollars annually ought to be lousy with money anyhow. I am satisfied the treasury is full and if not, it will be just as soon as all the property becomes taxable, and that won't be long, just 1931. I don't see any use of building a courthouse, for by that time, they will be willing to give it back to the Indians, for if we can be lucky enough to keep these elections going on every two or three months, we will be so deep in debt in 21 years that it will take a Socialist administration to get it out of the hole. Where is the man who said some people used more wind than brains? I'll bet he's nearly busted—but not his head. W. A. Crites. Isom Springs, Sept. 18.”
Would the fire in the Registrar of Deeds office sway the voters? Or would the people be angry that the proponents of the courthouse refused to giveup? Or,wouldtheknowledge that the elections would not stop until the people said “yes?” The people would find out on September 29th.