Only in Oklahoma: McIntosh County seat dispute turned deadly
By GENE CURTIS
8/27/2007
Two men were killed and a third was wounded when a dispute over the location of the McIntosh County seat erupted into gunfire in what newspapers of 1908 called the county seat war.
The argument between leaders of Checotah and Eufaula wasn't the only violent one that developed from the naming of county shires in the early days of Oklahoma, but it was the only one that involved killing.
A dispute between Jay and Grove for the right to be the Delaware County seat was won by Jay in an election in 1908, but the big issue then became which Jay -- New Jay or Old Jay. More than 500 shots were exchanged in 1912 between supporters of the two Jays.
The two communities were separated by a wide road with forests on each side. Buildings in either town could not be seen from the other. Rifle pits were dug on three sides of the courthouse in Old Jay for about 75 armed men who were said to be imbibing freely from liquor brought into town from nearby South West City, Mo.
Old Jay eventually won and the courthouse remains at Jay today, although fires destroyed it in 1913 and in 1941. Although not as bitter as the McIntosh and Delaware county arguments, heated disputes also
developed in Creek County between Sapulpa and Bristow; in Adair County between Stilwell and Westville; in Grant County between Pond Creek and Medford; in Wagoner County between Wagoner and Coweta; and in Seminole County between Seminole and Wewoka.
The issues didn't die immediately. Tecumseh unsuccessfully challenged Shawnee for the Pottawatomie County seat nearly 20 years later -- and even suggested in 1931 that it would secede from the county and create its own Petroleum County.
Other disputes apparently were not as intense, although community leaders considered being named a county seat important to the growth of their towns and cities.
It was apparent that the leaders of many counties weren't satisfied with the choices of county seats made by the Constitutional Convention that adjourned July 6, 1907, and the state constitution provided for elections to make changes. Before Gov. C.N. Haskell's term as the state's first governor ended in 1911, elections had taken place in 72 counties on petitions to change the county seats or county boundaries.
But no changes were made, Haskell was quoted as saying in a 1936 article in the Chronicles of Oklahoma, published three years after his death. He apparently forgot about Delaware County, where the seat was moved from Grove to one of the Jays.
Many of the squabbling counties had two elections because of charges of fraud in the first balloting. Several disputes eventually were settled in court.
Sapulpa, named the seat by the convention, was picked by Creek County voters in elections in 1908 and 1912. In the second election good feeling and harmony prevailed -- Sapulpa representatives at Bristow polling places on election day were treated to lunch by the Bristow committee, and the Bristow supporters in Sapulpa received similar treatment.
In a lawsuit after the first election, a referee found that "jointists" -- beer tavern operators -- in Kiefer favored Bristow as the county seat because it would put law enforcement farther away. Kiefer is 16 miles from Bristow but only four miles from Sapulpa.
However, Sapulpa supporters reportedly obtained the support of Kiefer jointists by threatening rigid enforcement unless the vote was cast for Sapulpa. (Jointist apparently was a common term used to describe such tavern keepers in the early 20th century.)
It didn't make much difference. All the Kiefer votes were thrown out.
The McIntosh County issue turned deadly after Checotah won a May 1908 election and a group of Checotah residents went to Eufaula on June 7, 1908, in an attempt to bodily move the county records.
During the confrontation, Eufaula City Marshal F.M. Woods and General Dunlap, a guard at the temporary courthouse, were killed and Deputy Sheriff Joe Parmenter of Checotah was wounded. Court Clerk Ed Julian, also of Checotah, was charged with murder for shooting Dunlap.
The dispute between Checotah and Eufaula began long before the Constitutional Convention. The convention's county seat committee recommended Checotah. But on the last day of the convention, W.C. Leidtke of Eufaula made an eloquent appeal and delegates ignored the committee's suggestion, choosing Eufaula.
Checotah leaders immediately sought an election to change the county seat. Voters favored Checotah over Eufaula and a third contender, Stidham, leading to the attempt to take the records.
After Eufaula leaders charged fraud, a new election was ordered, and Eufaula won. Checotah alleged that Eufaula used a big slush fund to buy votes in the second election. At a hearing in Muskogee, a Eufaula undertaker was asked how much he had contributed to the "slush fund."
"I already have contributed two coffins and have not been paid a damn cent," he replied.
Photograph research by Rachele Vaughan
Tulsa World: Oklahoma Centennial Stories