Creek and to a greater extent by the "citizens" of Madison offering "suitable buildings" for county seat purposes. The result of the election was as follows: Madison 222; Norfolk 198; Battle Creek 186; and County Center 72. (County Center would have been either of two sites offered by Amos T. Reigel at his "Clarion" post office near the present District No. 88 school site and the other in "Central City" platted in land now included in the Praeuner farm occupied by the Norman Praeuner family).
No place having received a three-fifths majority, District Attorney Hoxie held that another election bust be held. Citizens of Madison argued that another election would cost five hundred dollars. The Board of Commissioners took no action on the county seat fight as a difference of opinion undoubtedly existed until August 2, 1875 when Commissioner Henry Barnes of Madison was in favor of calling another election and Commissioner Moldenhauer of Norfolk was opposed. The third member, not voting, was either absent or refused to vote. Another meeting of the Board to be held on August 5th was agreed upon and at that meeting another election for the relocation was set for September 4, 1875.
At this election Battle Creek received 258 votes, Madison 211 and Norfolk 205. No place having received a three-fifths majority, another election was called for. Norfolk, the county seat, having received less than two-fifths of the votes cast in this election was declared eliminated from further participation.
At the general election held October 12, 1875, the final vote stood: Madison 368; Battle Creek 362. Though Battle Creek contested the vote, the Board of Commissioners held that the election and results were legal and therefore, ordered the removal of county records from Norfolk to Madison be made January 1, 1876.
The actual removal to Madison was delayed as Executive Probate Judge G. B. Fletcher of Madison County issued an injunction restraining the county officials from moving the records from Norfolk to Madison. The District Judge pronounced the injunction worthless but the county officials refused to move until the case could be heard before the Nebraska Supreme Court.
Contesting parties finally succeeded in raising the required $1,000.00 bond to carry the case to the higher court where a writ of mandamus was served upon the county officers to appear in Lincoln on March 29, 1876. Thereupon the Supreme Court ruled the election held October 12, 1875, was valid and ordered immediate removal of the records from Norfolk to Madison. The records were moved but Madison postponed building the "suitable county buildings."
Rivalry between the towns over the location of the county seat continued so that still another election on the question was again called for to be held August 13, 1886. The final vote in this election was as follows: Madison 782; Norfolk 809; Battle Creek 574 and County Center 151. The vote was not as large as was expected. Some thought it was because the farmers were busy gathering their small grain crops. Harvesting and thresh-
38