Although Bonesteel contested the location of the county seat for more than nine years with Fairfax, The Mitchell Capital on May 31, 1907 reported that: “Bonesteel declared itself on its possible candidacy for the county seat” by saying that the location of the county seat was “. . . too small a thing to work for, that the new reservation town has bigger things in sight for which it wishes to reserve its energy, and when there is a railroad in sight with division headquarters a possibility, why a county seat is altogether too small a proposition to fight for.”

That story concluded with this critical comment about the politicians who would be in their community if Bonesteel were the county seat: “And then Bonesteel thinks its moral tone would be injured by the presence of so many politicians who would have a tendency to corrupt the good citizens.  Bonesteel citizenship has a big heart in its makeup to set at rest the fears of Fairfax who really wants the county seat.”

Rumors were heard in numerous communities in Gregory County during the first week of January, 1908, that the new town of Herrick would inaugurate a movement to remove the county seat from Fairfax to Herrick.  Herrick was one of the new towns in the ceded portion of the reservation.  It was one of the most thriving of the new towns which sprung into existence following the opening of the ceded lands in 1905.

The law at that time required that a town seeking to remove the county seat must secure two-thirds of the total vote cast in order to capture the courthouse.  The jealously of Herrick on the part of the residents of other new towns in the county was expected to play an important part in the relocation issue.  At the time, Fairfax was said to feel no danger in the loss of their courthouse.

On January 24, 1908, The Norfolk Weekly News-Journal on the front page had this headline: “Gregory County Promises Bitterest Row in State.”  The story reported that the contest had developed into a mutual recrimination and mud-slinging fight and “Gregory County is now in the throes of what promises to become the bitterest county seat fight in the history of the state.”

Herrick supporters issued a statement in which they declared that Burke which wanted the county seat “had entered into a shameless deal with Fairfax whereby Burke agreed to enter the contest against Herrick solely for the purpose of increasing the chances of Fairfax to retain the courthouse.”  Naturally, the Burke folks called the accusations “absolutely false” and denounced them as “infamous lies.”  St. Charles was also expected to also enter the brawl and it was thought that Gregory and the surrounding territory which was the most populous part of county would support that site.

The Yankton Press and Dakotan on January 24, 1908 reported:  “The Gregory county-seat fight has come to a temporary halt, caused by the county commissioners declining to order an election on the petitions of the towns of Herrick and Burke, both applicants for the county seat now located at Fairfax.”

A lawyer representing Burke raised the point that it would have to be determined by the court whether the county seat was permanently or only temporarily located at Fairfax.  Until that question was settled, the matter of an election should be deferred.

If it is only temporarily located then any town in the county could become a candidate without a petition and the majority of the voters could decide the question.  If it was permanently located in Fairfax only one town outside of Fairfax could contest for the location by filing a petition and receiving a two-thirds majority vote.  An early decision from the court was expected while the campaign to secure signatures continued.

On March 27, 1908 The Mitchell Capital in a page one story reported:  “The board of county commissioners after a 33 days’ continuous session, ending at 10 P.M. Monday, awarded to the town of Herrick a place on the ballot for county seat honors with Fairfax over the town of Burke.”   According to the findings of the commissioners, Herrick won by having 43 more names on their petition than that of Burke.  There were 101 names of legal voters on both petitions which were not counted.

In July of 1908 the South Dakota Supreme Court reversed the lower court in the Gregory County seat contest.  The court held the vote of 1898 which located the county seat at Fairfax was only for temporary location and not for permanent location.  This gave every town in the county an opportunity to enter the race and only a majority vote was needed.

On October 15, 1908 the county commissioners formally prescribed the ballot to be used at the election to be held at the same time as the general election in November.  The form adopted consisted of a slip of paper four inches square with the words, “For County Seat” printed at the top and a blank space beneath in which the elector could write the name of the town of his choice.  Should a voter be unable to write, he could request one of the election judges to write in the name of the town he chose to support.

The Norfolk Weekly News-Journal on November 27, 1908 reported the official vote which appeared earlier in the Bonesteel Herald.  The official vote was: Herrick, 1,120: Burke, 786; Fairfax, 512; Gregory 344; St. Charles, 41; and Bonesteel, 29.  Because of six towns getting votes, Herrick was 297 votes short of receiving majority support.  The courthouse would remain at Fairfax for at least four more years.

Only one South Dakota county seat was moved by the 1908 election.  Walworth County moved the courthouse from Bangor to Selby.  It was not a contest since all jealousies had been healed and there was no one left at Bangor to fight for the county seat.

 

Author Clarence Shoemaker, originally published in the Gregory-Times Advocate on January 26, 2021