HON. SAMUEL W. DURHAM
Honored Pioneer
[CHAPTER VIII]
The County Seat Contests—First Railroad in the County
The county seat of Linn county was established at Marion by a board of commissioners consisting of Lyman Dillon, Ben Nye, and Richard Knott. As the years rolled by the question arose as to the removal of the county seat to Cedar Rapids, where it seems that it was needed, being what was then known as the commercial metropolis of the county. The people of Marion insisted that that city was the center. While there was more or less feeling in the county over the county seat fight, the legislature of Iowa in 1850-51 created the office of county judge, which was designed to and did succeed the former legislative bodies of the several counties of the state. The judge had the same powers possessed by the board of supervisors which controlled the affairs of the county later. Among the rights and privileges peculiar to the office was that most important one of submitting to the people the question of raising money for the purpose of repairing and erecting buildings for the use of the county officers. (See Code of 1851.)
In 1855 James M. Berry was county judge, and a shrewd fellow he was. In pursuance of the law, and what he thought his duty, Judge Berry took steps to erect a jail and a fireproof building for the use of the county officers. These buildings were contracted for by a firm at Mt. Vernon, Ohio, in the spring of that year. Then the people arose in arms as to the high-handed methods of Judge Berry. Political questions were lost sight of in the court house struggle. Speakers were employed pro and con. Judge Berry's term of office expired January 1, 1856, and a successor was to be elected in August of 1855. Marion put up Judge Berry for re-election, while Cedar Rapids put up Rev. Elias Skinner, a well known Methodist preacher who had traveled about the county and who was well known by everyone as an aggressive fighter and a man who believed in what he did and would have things his way if possible. The canvass was in the aggregate with Judge Berry at 1,233 votes, while Skinner showed up with 993 votes, the judge being re-elected by a majority of 240 votes, thereby affirming by a referendum vote his policy.
Reverend Skinner is still living at Waterloo, and not long ago the writer had a conversation with him about this the most famous fight that has ever occurred in Linn county over the removal of the court house. Mr. Skinner just laughed and said he put up a good fight, but the other fellow had the votes.
In 1871 another court house fight was had, but the board held that because of many names of voters being on both petitions these petitions were defective.
In the spring of 1872 another petition was brought out for the re-location of the court house and an endless number of names were again filed pro and con. Much money was spent on both sides; again the Cedar Rapids faction was beaten, some preliminary steps were taken for an appeal but the appeal was stricken from the docket.
Another attempt was made by Cedar Rapids for a change of location of the court house a few years ago, and again the petitioners lost out, and that case has been pending on the court docket but no action has been taken, so that it has for the fourth time been lost, much to the surprise of the citizens of Cedar Rapids and to the satisfaction of the people of Marion and a large portion of the northern part of the county who have always stood out for Marion in the fights on the re-location of the county seat.