Jim McKee: When Furnas County had two county seats/sets of officers
(This column originally ran Sept. 14, 2014.)
Until Benjamin Burton arrived in the area now known as Furnas County and settled on Deer Creek about six miles from Arapaho, what was then known as James County had a population of zero. As settlement began in the early 1870s, a desire for a permanent county organization took hold. Through a series of bizarre misinterpretations, misunderstandings and legal questions, the new Furnas County found itself in the peculiar position of having two county seats and two sets of county officers, which would take years to sort out.
Capt. E.B. Murphy of Plattsmouth, having traveled through much of western Nebraska, reasoned that with the ultimate arrival of the railroad, the area was ripe for settlement. To that end, he established a townsite company in 1871 and, with seven other men, set out to find an ideal location. The land they ultimately chose was in what was then known as James County, on the north side of the Republican River between Elk and Muddy creeks. On July 6, 1871, the first settlers arrived and settled on Murphy as their "mayor" or chairman even though he technically lived outside the village limits of Arapaho as surveyed on July 18, 1871. A sawmill was established, and in April of 1872, a post office was granted for what was the first town in the county.
In 1873, the Nebraska Legislature began considering dividing James County. Arapaho delegated Murphy to lobby to make the still-unnamed county 30-by-30 miles, so that Arapaho would be near its center, while Beaver City argued it should be 24-by-24 miles so its new village would be central. The Legislature settled on 24-by-24 miles to conform with Harlan and Franklin counties, and named the new county Furnas in honor of then-Gov. Robert W. Furnas. Murphy, however, was able to convince the governor that all the population was on the north side of the Republican River, so only one voting precinct, at Arapaho, was needed. The creation legislation was passed on Feb. 27, 1873, with the first election to be held March 3, 1873. Beaver City objected to having to vote at Arapaho, and on March 13, 1873, a second precinct, with voting at J.H. McKee's store, was created and the election moved to April 8, 1873.
The election was held as specified, with Arapaho's ballots sent to Lincoln for canvassing. Because Beaver City's ballots were delayed by a snow storm, they did not arrive in Lincoln by the deadline for counting. Arapaho's slate of county officers was therefore elected, and they were able to choose the temporary county seat for Arapaho until the first general election could be held. When queried by Beaver City, Gov. Furnas said Beaver City's votes should be counted even though they were late, but the secretary of state demurred.
Beaver City filed a writ of ouster against Arapaho. District Judge Gant agreed, granted the writ and ordered the sheriff to oust the Arapaho officers and seize all the county records. Arapaho countered that all the county records had been stolen, and they were therefore powerless to turn them over. With the writ of ouster and subsequent writ of mandamus, a new election was ordered for Oct. 14, 1873, which not only would select a list of county officers but would, once and for all, establish a permanent county seat.
Heavy electioneering, lobbying and polling ensued on both sides, with the county seat the most contentious issue, as virtually all agreed the county office candidates on both sides were good choices. Many Beaver City voters had not gone to the polls previously, understanding the early contests were for officials only. On the day of the election, a prairie fire broke out amidst cries that it was arson intended to keep men from voting.
The final tabulation resulted in Furnas Center 12, Arapaho 140 and Beaver City 166. Because the margin was slim, a court battle ensued. First Judge Gaslin ruled in favor of Beaver City, but it was appealed to the Nebraska Supreme Court, which ruled for Beaver City as well, but four years had been tied up.
Although the projected Furnas Center was at the geographic enter of the county, no village or population ever existed there, and though Beaver City is closer to the center of Furnas County, today's Beaver City population is estimated at 603 while Arapaho tabulates 1,018, just under its peak population of 1,103 in 1950. The debate, though largely quiet, lives on.
