xt7fxp6v1g38 https://exploreuk.uky.edu/dips/xt7fxp6v1g38/data/mets.xml Montana Historical Records Survey United States. Works Progress Administration. Division of Women's and Professional Projects Montana Montana Historical Records Survey United States. Works Progress Administration. Division of Women's and Professional Projects 1938 123 l.: ill., maps 29 cm. UK holds archival copy for ASERL Collaborative Federal Depository Program libraries. Call Number: Y 3. W 89/2:43 M 762/no.51 books  English Missoula, Mont.: Historical Records Survey  This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Montana Works Progress Administration Publications Archives -- Montana -- Toole County -- Catalogs Toole County (Mont.) -- Archives Toole County (Mont.) -- History -- Sources Genealogy -- Sources -- Utah -- Tooele County Inventory of the County Archives of Montana. No. 51. Toole County (Shelby), 1938 text Inventory of the County Archives of Montana. No. 51. Toole County (Shelby), 1938 1938 1938 2021 true xt7fxp6v1g38 section xt7fxp6v1g38 TV












Prepared by

The Historical Records Survey
Division of Women?s and Professional Projects
works Progress Administration


Missoula, Montana
The Historical Records Survey
October 1958




The Historical Records Survey

Luther H. Evans, National Director ;
Paul C, Phillips, State Director

Division of womenTs and Professional Projects

Ellen S. Woo&ward, Assistant Administrator
Annabel Edinger, State Director


Harry Lo Hopkins, Administrator
Joseph E. Parker, State Administrator

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The Inventory of County Archives of Montana is one of a num—
ber of bibliographies of historical materials prepared throughout
the united States by workers on the Historical Records Survey of
the works Progress Administration. The publication herewith prev
sented, an inventory of the archives of Toole County, is number 51
of the Montana series.


The Historical Records Survey was undertaken in the winter
of 1955—56 for the purpose of providing useful employment to needy
unemployed historians, lawyers, teachers, and research and clerical
workers. In carrying out this objective, the project was organized
to compile inventories of historical materials, particularly the un-
published government documents a nd records which are basic in the
administration of local government, and which provide invaluable
data for students of political, economic, and social history. The
archival guide herewith presented is intended to meet the require~
ments of day-to—day administration by the officials of the county,
and also the needs of lawyers, business men and other citizens who
require facts from the public records for the proper conduct of
their affairs. The volume is so designed that it can be used by
the historian in his research in unprinted sources in the same way

' he uses the library card catalog for printed sources.

The inventories produced by the Historical Records Survey
attempt to do more than give merely a list of records - they at-
tempt further to sketch in the historical background of the county
or other unit of government, and to describe precisely and in de—
tail the organization and functions of the government agencies
whose records they list. The county, town, and other local inven-
tories for the entire country will, when completed, constitute an
encyclopedia of local government as well as a bibliography of lo-
cal archives.

The successful conclusion of the work of the Historical Rec—
ords Survey, even in a single county, would not be possible without
the support of public officials, historical and legal specialists,
and many other groups in the community. Their cooperation is
gratefully acknowledged.

The Survey was organized and has been directed by Luther H.
Evans, and operates as a nationawide project in the Division of
women's and Professional Projects, of which mrs. Ellen S. woodward,
Assistant Administrator, is in charge.

Harry L. Hopkins

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The Historical Records Surrey was initiated in Montana in
March 1936, as a part of the Federal writers? Project of the works
Progress Administration. Its purpose was to make an inventory of
the public records of the state, counties, and cities, and of other
records such as those of churches, fraternal orders, social organi-
zations, and manuscripts in the possession of individuals or fami—
1195. The national director of the Historical Records Survey
planned the general scope of the work and stated the objectives of
the survey. He prepared forms for the guidance of field workers in
making the inventories of records and gave directions for editing
their reports. As the plan developed a survey of the records of
every county in the state has been made. For each of the fifty-six
counties a volume is to be prepared and each volume is to be num—
bered according to its place in the alphabetical order of the coun-

The work in the state was planned and managed by a state di—
rector, who was, during the first few months, associated with the
director of the Federal writers! Project. In November 1956, the
Historical Records Survey was separated from the Federal writers?
Project, but there was no change in its organization.

The plan of the work is as follows: In each county of the
state, field workers were assigned to make inventories of all rec—
ords contained in public offices. Their reports are to give the
exact title of each set of records with the limiting dates, the
number and size of volumes or containers, a summary of the con-
tents, and a statement of missing records. They are instructed to
study the relationship of records, particularly to find those
supplementing each other and to report how records were kept at
different times and how they were changed from one classification
to another. A full description of the nature and scope of the in—
dexes is required. The reports are also to describe the physical
condition of records and to give their exact location;

In Toole County, the first survey was made between February
1st and March 51, 1937 by Vernon Smith, assigned by the Wbrks Prog-
ress Administration. His field reports were sent to headquarters
and checked for accuracy and emissions. In February and March 1958
the records were resurveyed by Thomas Rosenberger. The editorial
staff edited the inventories for publication, prepared the histori—
cal sketch of Tools County, and wrote the essays on county organi-
zation, on county offices, and on the records system. The final
draft was prepared by Henry W. Jorgensen.



Ready assistance was given by county officials in explaining
the system of keeping records, and in pointing out places in base-
ments and closets where records were to be found. The inventories
have been read and approved by the officials whose records systems
are described. The State Werks Progress Administration has co—
operated in assigning the best workers available and has given ad—
vice and guidance in administering the project.

Paul C. Phillips

State Director

Historical Records Survey
Missoula, Montana
October 1958




A. Toole County and its Record System


1. HiStorical SthCheo-uuoo-nannounce-coconeo-ouonooo 3
Evolution of Toole County Boundaries............ 7

2. Governmental Organization and Records System...... 8

Chart Of County Government...................... 20
5. Housing, Care and Accessibility of the Records.... 21
4. Abbreviations, Symbols, and Explanatory Notes..... 25

B. County Offices and their Records

Is Board Of County Commissioners..................... 26
Journals. Official Bonds. Reports. Roads.
Claims. warrants. Public Welfare.

II. County Clerk..........o........................... 54
Financial records: ledgers; taxes; receipts and
disbursements. Military records.

Reception book. Real estate: deeds; leases;
mortgages; liens; mining; water rights; plats.
Personal property. Attachments. Pending actions.
Sales. Redemptions. Corporations. Surety bonds.
Powers of Attorney. Vital Statistics. Lost
property. Miscellaneous.

IV. Clork Of the Courtoo..................c........... 53
General records and indexes. Civil. criminal.
Probate: general; wills; bonds; estates; mis-
cellaneous. Insanity. Naturalization. Marri—
age. Jurors and witnesses. Mothers' pensions.

V. Public Administrator...u...o...................... 64


VII. Constables-I....OI...’....II.I.......‘C...I.°C.... 67
VIII. Shoriff..................o...............o....n.co 67
Office administration. Sales records.
IX. COronor....-.oo................................... 70

X. County Attorney................................... 70

XI. ASSOSSOTcocoo-ooooucoo.ocan...uncle-oceanoo-nocooe 71


 Table of Contents

XIII Board of Equalization.......-...-................ 74

XIII. Treasureraoun.........................-.......... 75
Taxation: general; delinquent real property;
delinquent personal property. Receipts and
disbursements: general; receipts; disbursements
schools. Deposit of funds. Tax sales.
Licenses. Miscellaneous.


XIVI Registrar Of Elections-coo..................oo... 87
XV. CanVaSSing Board.............-..-o...-..-.o...... 88
XVI. County superintendent Of SChOOlSooooooocooooooooo 89
Reports. School boundaries. Trustees and
teachers. Miscellaneous.
XVII. Board Of Health............‘.....I....I.O.‘...... 95
AWIII. County Physj-Ciarl..........‘O...°.......I.I.".... 96
XIX. Board Of PUblic WGlfare...o....-.....n....o.-.ooo 96

XX. County Surveyor.......-o.no.oo......o...........o 98

XXI. County Extension Agentoooecoo-Ioooao-‘ooooooo-oio 99



Teolc County, with an area of 1945 square miles, is located in
the northern part of the state a little to the west of the center.
It is bounded on the north by Canada, on the east by Liberty County,
on the south by Pondera, and on the west by Pondera and Glacier'
Counties. In the northeast rise the isolated Sweet Grass hills,
while the remainder of the county is rolling prairie and benchland.
The Marias River, which floWS through the southern part of the
county, is the only stream of any size.

The country now included in Toole County was for generations
the home and hunting ground of the Blackfeet Indians.1 It was also
a part of the bison range of the northwest.2 These bison furnish—
ed the Indians with food, clothing, and shelter, and in later years
their pelts were traded for white men’s goods.

The first white people, of whom We have any record, to visit
the region of Tools County were members of a party led by Meri-
wether Lewis on his return eastward from the Pacific coast. Lewis
has left an interesting description of this county as it appeared
to him in the latter days of July 1806.3

After the time of Lewis and Clark the Blackfeet Indians became
increasingly hostile to the Americans who for many years did not
enter their country even to trade. Apparently, however, a few Bri—
tish traders ventured to visit them. In 1830, Kenneth McKenzie
sent a party of four men from Fort Union near the mouth of the
Yellowstone to the Blackfoot tribes to see if a trading post might
be established among them. This party followed the Missouri to the
mouth of the Marias and up this latter river across the southern
part of the present Toole County without seeing any Indians, but
they did see an abundance of game, and many beavers Were in the
river. Finally they met a party of Blackfeet with whom they re—
mained for some time. The whites finally persuaded them that they
had more to gain by trading than by fighting and the Indians re—
turned with the white traders to Fort Union.4 James Kipp was sent
in 1852 to trade with the Blackfeet and he started a post at the
mouth of the Marias. The principal trade was in bison or buffalo


1. Frederick W. Hodge, Hand Book of American Indians, (washington
1910). Part II, p. 5700

Z. Reuben G. Thwaites, editor, Original Journals of the Lewis and
Clark Expedition, (N. Y. 1905). vol. V, p. 208.

a . Trexler, Buffalo Range of the Northwest" in Mississippi

Valley Historical Review, Vol. VII, pp. 548—362. _.___.____._

3. Thwaites, 0pc cit., pp. 208~212.

4. H. M. Chittenden, The American Fur Trade of the Far west, (N.
Y. 1935). Vol. I, pp. 531-353.





 Historical Sketch (First entry, p. 50)

trade was in bison or buffalo robes which were not purchased by
the British. Beaver, otter, and martin skins also were brought
in by the Indians. This trade continued for ten years and then
in 1842, F. A. Chardon in charge of the post killed a number of
Blackfeet as punishment for killing a negro. The Blackfeet

moved north and no longer brought their furs to the Americans.5

The whole of what is now Toole County remained under Black—
feet control until 1875 when President Grant by executive order
set aside a reservation for these Indians, the eastern boundary
of which was a line drawn north from a point twenty miles above
the mouth of Cutbank Creek.6

The territory now included within Toole County was part of
the Louisiana Purchase of 1805. It was included in Missouri
Territory organized in 1812 and then became a fragment of the
vast Indian country left in 1821 after Missouri became a state.
When Nebraska was organized as a territory by the Kansas-Neb—
raska Act of 1854 the whole country drained by the Marias and
upper Missouri was placed within its boundaries. This region
was included within Dakota Territory organized in 1861 but as
yet no form of local government was established. In 1865 all
of what is now Montana was incorporated within the newly organ—
ized territory of Idaho. The first legislature divided all
this country into counties and included most of the present
Toole County within the boundaries of Chouteau County.7 When
Montana was formed in 1864, its first legislature made no change
in the boundaries of Chouteau County.8 It was not until 1895,
when the construction of the Great Northern Railway led to an
influx of population, that there was a demand for smaller units
of local government. This resulted in the creation of Teton
County frdm northwestern Chouteau County and a strip of Missou-
1a County.9 In 1912, Hill County was created from the northern
part of Chouteau by petition and election.10 Two years later
Toole County was formed also by petition and election from part
of Teton and part of Hill County. Its boundaries were re—
defined by the legislature of 1921.12


5. Ibid., pp. 55-555, 372.
6. This order was made law by Congress, April 15, 1874, and re-
enacted May 1, 1888.
7. Idaho Ter. 8. L., 1st sess., 1865, pp. 674—75. The spell-
ing was later changed to Chouteau.
8. Mont. Ter. S. L., 1st sess., 1865, p. 550. W. W. DeLacy,
Map of the Territory of Montana, 1865.
9. Mont. S. L., 1895, p. 305.
10. Mont. R. C., 1955, sec, 4325.
11. Ibid., 1955, sec. 4553.
12. Mont. S. L., 1921, chap. 205.



 Historical Sketch (First entry, p. 50)

The first settlers in what is now Toole County were prospectors
who, at news of the discovery of gold, moved into the Sweet Grass
Hills in the early seventies. The mining excitement was short—
lived. Soon after the Blackfeet Reservation was formed and the
lands along the Marias thrown open to entry, large cattle herds were
driven into the country. After the construction of the Great North-
ern Railway through northern Montana in 1891 there followed a migra-
tion of settlers into the narrow valley of the Marias and to the
plains for miles around. Shelby was started and became a trading
center for the ranchers of the valley and country beyond. The early
immiprants were devoted entirely to stock raising and dr land farm-
ing. 5 Flax, oats, and wheat were the principal crops.l From the
first there were many, however, who were hoping and prospecting for
oil and gas.15 It was not until March 1922 that the first important
oil well began to produce and Toole County changed at once from a
stock raising and farming community to oil and gas production. The
oil region north of Shelby in the Kevin-Sunburst field was soon pro-
ducing as much as 25,000 barrels a day,16 but decreased in 1928 to
about 10,000 barrels.17 This region continued to be the most pro—
ductive oil field in Montana until 1955, when the Cut Bank oil field
in Glacier took the lead.

Toole County was named in honor of Joseph K. Toole, the first
governor of the state of Montana.1 The first county officers were
elected at the same time as the election for the establishment of the
county. They took office immediately and continued until their full
terms expired dating from January 1915.20 Upon this first group of
county officers fell the burden of organizing the business of the
county, and of establishing its record system.

The election which resulted in the establishment of Toole County
also named Shelby as the county seat. For years the county offices
were quartered in rented property. In 1952 the commissioners sub-
mitted to the taxpayers a bond issue to finance the erection of a
county courthouse. The voters approved this issue and the new build—
ing was completed in 1954.


13. Montana, Resources and Opportunities, 1915, pp. 85, 89; 1916, p.
179; 1917, p. 124; 1919, p. 221; 1920, p. 186.

14. Ibid., 1916, p. 179.

15. Ibid., 1916, p. 179; ibid., 1917, p. 63; ibid., 1918, p. 221.

16. “mid” 1926, p. 272. ""' "“

17. Ibid., 1928, p. 298. _

18. Mrols Year Book, 1936, pp. 697, 755.

19. Paul C. Phillips, "Joseph K. Tools", in Dictionary of American
Biography, Vol. XVIII, p. 589.

20. 'See List of County Officers, p. 97.

21. Commissioners? Proceedings, Vol. IV, pp. 57, 41, 44, ff.




 Historical Sketch (First entry, p. 50)

When Toole County was formed in 1914, its population was esti—
mated at more than 4,000 persons, many of whom were Norwegians or of
Norwegian descent, and assessed value of all property was placed at
$4,580,412.22 By 1920 the census showed only 5,724 people.25 This
drop was due to droughts and the depression in farm prices following
the war. With the discoVery and development of oil and gas a new
class of people moved in, and a different type of society developed,
quite different from the agricultural community of the preceding de—
cades. In 1930 the population had risen to 6,714, of whom.5,811 were
native born whites.24 Since the decline in oil production became
relatively acute after 1950, the population has shown a new tendency
to decline.

Shelby, the county seat, has a population of about 2,500. The
principal business is in production and distribution of oil and gas,
and as a market and distributing center for the region around there.
It is on the main line of the Great Northern which traverses the
county from east to west. It also has railroad service to the south
connecting it with Great Falls and Billings, and to the north con-
necting it with the Canadian Paoific.25 There is an improved fede—
ral highway traversing the county from east to west, and since 1932
works Progress Administration has improved many roads. Kevin, Sun-
burst, and Oilmont are small towns in the oil fields. Sweet Grass
is a port of entry.

There are five high schools in the county with a total enroll—
ment of 571 pupils and twenty—two teachers. The grade schools have
an enrollment of 982 pupils and 59 teachers.26 The Lutheran Church
has the largest membership of any church in the county, followed
closely by the Catholics and Methodists. There are two newspapers
in Shelby, one Democratic and one Republican. A majority of the
voters were Republicans, but beginning in 1952, almost without ex-
ception, Democrats have been elected to county offices.


22. Mont. Resources and Opportunities, 1915, p. 85. Valuation 1915
fixed by assessors of various counties.

23. Fourteenth Census of the United States, Population, Vol. 1,
table 55, p. 507. M

24. Fifteenth Census of the United States, Population, Vol° 111,
part 2, table 13, p. 25.

25. Mont. Resources and Opportunities, 1926, p. 272.

26. Superintendent of Schools, Annual Report, 1958.




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The county developed as the unit of local government with the
first settlements in what is now Montana. In a region with valleys
separated by mountains, and with vast semi—arid plains, close com—
munity life was impossible. With a scattered population, neighbor—
hood affairs were so lacking in public interest that there was no
need for "town" or township government. Then too, the early settlers
came largely from the South where the unit of local government was
the county, and this doubtlessly influenced the political organiza—
tion. County government was well suited to the political needs of
the pioneer mining camps and cattle ranges of the Northwest. The
boundaries of the county could easily be changed. Its area might be
large enough to include all the mining camps that felt a common need,
but not so large as to prevent the inhabitants from controlling its
management and policies. During the territorial period local affairs
were largely beyond control of the territorial authorities and the
supreme court. Under these conditions, counties assumed an impor—
tance far greater than they could claim in the eastern states.

The first county in what is now Montana Was Nflssoula County,
created by the territorial legislature of washington in 1860. The
Washington law provided that each county should elect a board of
county commissioners who should have the "care of the county proper-
ty and the management of county funds and business",1 and this fur—
nished the precedent for making the county commissioners the chief
administrative head of the county.

In 1863, Idaho was organized as a territory and its boundaries
included all the present state of Montana. Its first legislature
organized a system of county government, and established seven coun-
ties within the limits of what is now Montana. These were Missoula,
Deer Lodge, Beaverhead, Madison, Jefferson, Chouteau, and Dawson.
Chouteau County, which occupied a vast area of what is now north cen-
tral Montana, included all of the present Toole County. These sev—
en counties were remote from the capital of Idaho and the forbidding
range of the Bitterroots barred the way to communication with it.
They had common interests of their own, and they united in seeking
a separate territorial government.

The result of their efforts was the creation of Montana Terri—
tory in 1864. The first territorial legislature met at Bannack that


1. washington Ter. S. L., lst sess., 1854, p. 473.

2. Idaho Ter. 8. L., lst sess., 1863—64, Lewistown, 1864, pp. 674-
676. The spelling of Choteau was later changed to Chouteau,
Mont. S. L., 1903, chap. 74.


 Governmental Organization (First entry, p. 30)
and Records System

same year and rc-enacted the law establishing the counties created
by Idaho, re—named Dawson County Big Horn, and formed the new coun—
ties of Gallatin and Edgerton.5 Big Horn County, which included
nearly half the territory, was so sparsely settled that it did not
have a complete county organization, and was attached to Gallatin
County for judicial and legislative purposesoé In 1866 Edgerton
County was rennamed Lewis and Clark, and in 1877, Big Horn was re-
named Custer.6 During the territorial period, seven other counties
were added: Meagher, Dawson, Silver Bow, Yellowstone, Fergus, Cas-
cade, and Park.

In the first quarter century of statehood until the outbreak of
the WOrld War, the number of counties increased to thirty-nine.8 The
legislature of 1893 created five of them, namely Granite, Ravalli,
Flathead, Valley, and Tetono Thenceforth, new counties were formed
principally in the eastern and northern parts of the state. After
the completion of the Great Northern Railroad, dry land farming at—
tracted settlers and the "prairie sod was broken up for wheat pro-
duction with consequent increases in population and expansion of
governmental services". The comparatively high prices received for
wheat during the war period, combined with the generally increased
demands by the people for more and better governmental Services fol-
lowing the war, as for roads, schools, public buildings, etc., caused
a large demand for new counties:

The increase in number of counties was facilitated by an act
passed by the state legislature in 1911, providing that new counties
might be created by a vote of the people living in the proposed new
county at an election in which not less than sixty-five percent of
the votes cast should favor the proposal. The old county should be
left with not less than five million dollars assessed valuation and
have an area of not less than eight hundred square miles and the
proposed new county should have an assessed value of not less than
four million dollars.1


3. Mont. Ter. 1st 8938:, 1865, pp. 528 ff.

4. ijds, 1813 36850, 1865, p. 533..

5. $585., 4th sess., 1867, p. 1:30.

6. ‘iTa‘:i‘E5?., 12th sesso, 1877, p. 121.

7. Edit". TeI‘. Compiled Statutes, 1887, chap. XXXVIII, pp. 832-54,
1238; Montii‘é‘f-‘T's‘. L.,'T5"'th extra $638., 1887, p. 1050

8. Mont. R. C., 1921, secs. 4305—4358.

9. Montt S. Lo, 1893, pp. 198-212.

10. Roland Rt Reene, Montana County Organization, Services and Costs,
Bozeman, Montana, 1935, po 99

ll. Mont. S. L., 1911, chap. 112, pp. 205—25.



Governmental Organization (First entry, p. 50)
and Records System

Under these conditions, a number of new counties was created,
among them Toele County, formed in 1914.12 By 1920 the number of
counties had increased to fifty-four.13 Since that time only two
new counties have boon added, Lake in 192514 and Petroleum in
1925.15 The depression brought on a great reduction in tax values,
and frequent droughts have further reduced tax income. Burdens of
debt, mortgages, and foreclosures have increased tax delinquencies,
and finally, the federal land purchase program has reduced by mil~
lions of acres the land subject to local taxation. Since the de—
pression there has been agitation for the consolidation of counties.
This was checked, however, by a constitutional amendment approved in
1936, which prohibited the Consolidation of counties "except by a
majority of the duly qualified electors".16

During the territorial period the government and powers of coun-
ties were defined by law. The first legislature established a sys-
tem of county government which remains substantially the same today.
It described the county as a "body corporate and politic with power
to own property, to make contracts and to sue and to be sued". 7
The county was also intrusted by implication with public works, so-
cial welfare, local law enforcements, and the making and care of
public records. The powers of the county were to be exercised by a
"board of county commissioners" elected by the qualified voters.

The law also provided for a county clerk who should be clerk of the
board of county commissioners and ex-officio county auditor and re-
corder, and for a sheriff, coroner, treasurer, surveyor, assessor,
probate judge,18 and superintendent of schOOls.19 In 1872 the
legislature directed the election in each county of a public admin-
istrator.2O The Organic Act provided for three judicial districts
each to be served by a clerk. 1 In 1867 the law directed that there
be a clerk of the court in each county.22 The first legislature
provided for a district attorney in each district to act as a prose-
cuting officer.25 For convenience in law enforcement the county


12. Ibid., 1915.

15. MonE. R. C., 1921, secs. 4305-4358.

14. Mont. S. L., 1925, p. 625 ff.

15. Ibid., 1925, p. 505 ff.

16. 1513., 1957, pp. 731-752.

17. Mont. Ter. 8. L., 1st sess., 1865, pp. 498-99; Mont. R. Co,
1935, secs. 4441, 4444.

18. Mont. Ter. S. L., 1st sess., 1865, pp. 499-522.

19. Ibid., 1865, p. 437.

20. Mont. Ter. Cod. Stat., 7th sess., 1871—72, pp. 369-71.

21. Organic Act for the Territory of Montana, sec. 9.

22. Mont. Ter. S. L., 4th sess., 1867, p. 79.

25. Ibid., lst sess., 1865, p. 552.



Governmental Organization (First entry, p. 30)
and Records System

commissioners were authorized to form townships, and each township
was to have two justices of the peace and two constables.24 The
county superintendent was directed to divide the county into school
districts, each to have three directors and a clerk.25

During the territorial period changes in the law regarding the
powers and duties of counties were administrative in character. The
legislature, from time to time, gave more specific directions as to
the manner in which county business should be carried on. In 1872,
it carefully defined the procedure in bringing suits for and against
the county and set out in great detail all formalities in handling
its finances.26 Except for the office of probate judge, which was
abolished in 1889 and the office of district attorney, which was
succeeded by that of county attorney in the same year, the county
and township offices continue with substantially the same type of
powers down to the present time.

The Constitution of 1889 stipulated that the counties existing
at that time were to remain counties until otherwise provided by
law,27 and that the laws relating to county government should re-
main in force until changed by the legislature.28 It also provided
that all the county offices that existed during the territorial pe-
riod, except that of probate judge, should continue.29 It created
the office of county attorney,30 in place of that of district attor-
ney who had deputies in each county. The legislature was granted
authority to provide for the election or appointment of such other
county, township, precinct, and municipal officers as public conven-
ience may require. 1

The Constitution assumed the continued existence of counties,
but did not define generally their powers and duties. It granted
the county power to levy taxes for its own use 32 and assigned it
the duty of caring for its needy inhabitants.° Both the taxing
power and the relief duties were subject to legislative regulation.
It also placed some restrictions on the county which the legisla-
ture could not over-ride. These forbade any county, city, town, or
school district to lend its credit, or to make grants to any indivi—
dual or corporation, or to buy stock in any corporation,54 or to
make grants "in aid of any church, or for any sectarian purpose, or


24. Ibid., 1st sess., 1865, p. 501.

25. mm, 1st sess., 1865, chap. III.

26.. TEX? , 7th sess., 1872, chap. XXI, pp. 454-39.

27. Ehfiéts, art. XVI, sec. 1.

28. Ibido, art. XII, sec. I.

29. lbid., art. VIII, secs. 18-20, art. XVI, secs. 4, 5.
50. 3353., art. VIII, sec. 19.

31. Ibid., art. XVI, sec. 6.

32. Ibid., art. XII, sec. 4.

33. Isl-ac, art. X’ SOC. 5o 54. Ibid., Mt. XIII, See. 1.




Governmental Organization (First entry, p. 50)
and Records System

aid in support of any school or institution controlled in whole or

in part by any church or sect".55 The Constitution also fixed the
limit on county indebtedness at five percent of the value of all tax-
able property. 6

uniformity of county government was insisted upon by the con-
stitution. This fundamental law forbade the legislature to pass any
"local or special laws" for "locating or changing county seats"; for
"regulating county or township affairs", or for "creating offices,
or prescribing the