Lyman County Courthouse Battle

A look back at the battle for the Lyman Country Courthouse in November 1922

By Lonis Wendt, Lyman County historian

For years a legend was passed on telling us that back in the early twenties group of Kennebec men called “the boys,” began a Courthouse Removal Campaign and had actually stolen the courthouse from the picturesque town of Oacoma.

With a little research and a yearning to retell the story, we will endeavor to set the record straight. The question of where the Lyman County Courthouse should be located had divided residents for several years and was a subject of much deliberation, especially so during the Lyman-Jones County split in 1916.

Thinking the county government should be located nearer to the center of the county, both Reliance and Presho had previously lost elections to obtain the courthouse. In July of 1922 “the boys” presented to the commissioners, a petition signed by 2100 eligible voters requesting a vote to relocate the courthouse nearer to the center of the county at Kennebec, be placed on the ballot for the November 7th election.

At that time Lyman County contained 6,684 quarter sections of land plus plotted town lots and personal property with a total valuation of $17 million. Forty per cent of the citizens lived within 15 miles of Kennebec. It was estimated that a 2.7 mill levy would allow a new $50,000.00 courthouse to be paid for in one year.

Dissenters disagreed. The entire county was again involved in serious discourse terminating with an election. This vote would essentially divide Lyman County again. Lyman County had been organized in 1893 and according to the 1920 census, contained over 6500 citizens. Young men returning from World War I were becoming landowners and parents.

Republican State Senator E.C. Hall of Vivian introduced and secured a resolution requiring that the US Congress build a steel bridge over the Missouri at Chamberlain-Oacoma. Democrat Jorgen Boe was elected to the South Dakota Legislature¹s 55^th District. George Floyd (Don¹s father, Skip¹s grandfather) competed at the Reliance Fair, won the 100 yd. dash and the high jump, but went 0 for four in the ball game.

Coal burning ranges and heaters were the most sought after appliances, O.E. Helgerson was selling Ford touring cars on sale for $298.00 and W.G. Hubbard pedaled machinery with slogans like: “your manure goes farther with my spreader!” People were asked “to boost and help make Lyman the most popular county in the state. A little boasting from everybody will do it.”

The campaign for a permanent home for the courthouse began with equally wild accusations and insinuations flowing from both Kennebec and Oacoma. Much like today, in the weeks leading up to the election, locals from both communities took out full-page ads and wrote editorials laced with barbs, fabrications, attributes and assets touting the benefits of having the courthouse in this or that location, constantly reminding taxpayers to compare costs and always accusing each other of “not telling the truth!” Both communities were striving to sway the electorate.

The Oacoma-Argus offered 17 reasons the courthouse should not be moved, some of which were that the 1) location of the county seat was not an issue since the bulk of business at the courthouse was done by mail or paid through banks,” 2) extra mileage is only paid to jurors twice per year, 3) the buildings, equipment, vaults and jail are adequate, and 4) there is no need to abandon them and have to pay $200.00 per month rent on an old brick garage or build a new courthouse in Kennebec at we taxpayers expense!

The Kennebec Prairie Sun countered that, “wasn¹t it just a short time ago a high school boy worked his way out of the jail and not long before that two men escaped from jail with no outside help?” The reason most of the courthouse business is done by mail is because of its inaccessibility, and couldn¹t most of the equipment be moved? Furthermore, if a new courthouse and jail were to be built in Kennebec it would be secure, safe and have sanitary toilets.

The Presho Herald contained a large proclamation from the city Chamber of Commerce opposing county seat removal at this time because “taxpayers are already overburdened.” The Prairie Sun offered matter of fact comments like: “Kennebec has three fine garages, but when I was in Oacoma a few days ago, no air-filling stations were to be found so I had to pump up my tires by hand” and “for one dollar we will sell the best lot in town to the county!”

The Oacoma Argus retorted, “We are located right on the Custer Battlefield Highway and have three hotels while Kennebec has only two, we have the beautiful American Island and there are numerous activities in nearby Chamberlain. The courthouse has been in Oacoma for 27 years and we have not charged the county a penny for the lot.”

Geographic differences were also noted. The Oacoma Argus questioned, “What’s out there?, nothing but rolling plains filled with wheat fields, cattle ranches, dusty streets and poor citizens. Kennebec has only one business district street with buildings on both sides, the same as Oacoma!”

The Prairie Sun chastised, “What does Oacoma have to offer? Nothing but scenery complete with high, barren bluffs, hills and a muddy river! Why should the courthouse be in the poorest town in the county?”

The Argus warned prophetically, “If we move the courthouse to Kennebec, soon they will want the county high school, the county machinery depot, the county poorhouse and the county jail!”

The election was held on Nov. 7, 1922. As vote counts began to trickle in showing the Kennebec site with a 50 vote margin, a celebration of sorts began. At around 2:00 A.M. “the boys” of the County Seat Removal Campaign were given a fine luncheon by the Commercial and Kennebec hotels and the Busy Bee Cafe. A table was set up under the streetlight with much revelry. Kennebec was enjoying a sweet victory.

The euphoria did not last long. By morning, with the necessary two-thirds majority in jeopardy “the boys” faces appeared edgy and grim. Before nightfall the Oacoma citizenry had filed an injunction with Judge Bartine claiming that several voters had been denied the right to vote and demanded a hearing and a recount. The main issue was whether or not an Indian who had not filed for a claim or patent could legally vote. Judge Bartine, citing legal precedent, ruled that this issue be referred to the South Dakota Supreme Court and then granted the injunction.

The tensions caused by the delay climaxed late in the evening of Nov. 11. “The boys” rounded up four trucks to go to Oacoma and bring back the ballot boxes, which according to the law, were to be under the jurisdiction and safekeeping of Clerk of Courts Chester Rosancrance, who, incidentally, lived in Kennebec! “The boys” arrived at the courthouse and began loading the boxes when, chiming in from afar the Sioux City Tribune noted, “Oacoma citizens awoke and hurried to the courthouse and under threat of leveled guns and other assorted weapons, “the boys” were compelled to unload the ballot boxes.

Another report had telephone lines being cut, roadblocks setup, and “several carloads of fighters from Reliance and Iona showing up to aid Oacoma at the scene of the action.” A near riot prevailed in the usually tranquil county seat. During the ensuing heated conversation, Judge Bartine was summoned and after much parlaying, convinced the men to store the ballot boxes in the jail house cells under double padlocks and chains.

The next morning tempers had cooled and both sides agreed to await official action from the court. District court convened on Jan. 8, 1923, with Judge Newton D. Burch of Dallas, presiding. Following four days of legalities by Kennebec and Oacoma attorneys hearing testimony from about 50 witnesses, and every ballot being recounted, ten votes for removal and nine votes against removal were disallowed and at 10 p.m. on Friday, Jan. 12, 1923, Judge Burch ruled that Kennebec had again won the election; this time by five votes.

In a most notable headline, the Kennebec Prairie Sun proclaimed THE HAND OF JUSTICE, WITHOUT FEAR OR FAVOR, PLACES COURTHOUSE IN MIDST OF FAIR LYMAN COUNTY. On August 20, 1923, the Prairie Sun reported that, “Before sunrise with horns honking loudly, eight trucks and 16 men set out for Oacoma to “do their duty and bring home the bacon.” Trucks were owned by Pat Kerwin, Hobart Payne, E.B. Serr, Carl Holter, F. Carter, Chas. Hubbard and Cullen Ranch of Reliance. After three days and 24 truckloads, not a stick or a vestige of County property remained at the former courthouse except an old chair left behind as a memento of bygone days.

“The work of moving the county records was carried out without the slightest objection or molestation. The Oacoma observers stood by silently and motionless and from all appearances, one might have the impression that they were all glad to get rid of their county seat burden!”

Of the 2,742 votes counted, Kennebec received 1,826 tallies and Oacoma received 886. Precincts Grouse, Applegate, Edna, Dorman, White River and Byrnes gave a combined 274 for Kennebec and 0 votes to Oacoma. Other pro-Kennebec results were 261 for, and sadly, 4 against; Presho, 182 to 163; Vivian, 108-4. Results pro- Oacoma (143-20), Reliance (150-51), Iona (115-42), Lower Brule (65-27).

This was not the first or nor the last courthouse fight in our great state! With apologies to the communities for revisiting the legend, it would be fair to conclude that “the boys” from Kennebec did not steal the courthouse.

Democracy prevailed.

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This page last revised Tuesday March 25, 2008 12:05 AM