Cenizo Journal Fall 2010 | Page 15

Photo courtesy Archives of the Big Bend, Bryan Wildenthal Memorial Library, Sul Ross State University, Alpine, Texas. The three room adobe courthouse in the northwest corner of the present Jeff Davis County courthouse square. PRESIDIO COUNTY By Bob Miles E ven today you can find old-timers in the Fort Davis area who are still upset by the 1885 elec- tion which moved the county seat of Presidio County to Mar - fa. The path to that controver- sial election was a winding one. Presidio County was first created by the Texas Legis - lature in 1850. Due to the scar - c ity of settlements in the area and the presence of hostile In - dians, the county was not or - gan ized. A second attempt in 1858 was again unsuccessful. In 1870, a third attempt was made and some county officials were named with the county seat at Fort Stockton, but things just seemed to fizzle out. In 1875, Presidio County was finally successfully organ- ized with Fort Davis as county seat. Presidio County then con- sisted of some 12,000 square miles of today’s Presidio, Jeff Davis and Brewster counties and small portions of Culberson and Hudspeth counties. If there had been an elec- tion naming Fort Davis the county seat, the records were lost or destroyed, which led to Presidio County Formed from Bexar County Created January 3, 1850 Organized March 13, 1875 So named for the early “fortress garrisoned by soldiers” erected for the protection of the Big Bend missions. County Seat Fort Davis, 1875 Marfa, 1885 - Texas Highway Department 1936 problems years later. Fort Davis would have been the obvious choice, as it was the only settle- ments of any size in the new county. A three-room adobe court- house was constructed on land donated by Fort Davis mer- chant Whittaker Keesy in the northwest corner of the present Jeff Davis County courthouse square. Prisoners excavated an 18-by-20-by-8-foot cellar be - neath the sheriff ’s office which served to hold prisoners chained to the walls. One or more iron cells in the upstairs room held common drunks, female prisoners and less dan- gerous guests. In 1882, Chinese workers of the Southern Pacific completed the railroad line from El Paso to Marfa. The railroad bypassed Fort Davis, either because the founding fathers there did not want the noise or, more likely, because of the difficulty and expense of establishing the route through the mountains. As a town began to grow up around the Marfa water stop, John Dean, sometimes county attorney, acquired a section of land along the tracks. He and some other merchants and speculators began working to change the county seat to Marfa, still little more than a water stop and shipping depot for cattle. Dean maintained that no election had been held to make Fort Davis the county seat and, as no records existed to the contrary, an election was necessary. The election was held on July 14, 1885. The form of the ballots is the basis of most of the old-timer’s resentment, yet that, too, remains controversial. According to most accounts, County Judge J. H. Slaughter specified the ballots would read “For removal to the town of Marfa” with a blank provided for voters to check and “For remaining at Fort Davis” was to be written or printed on each ticket voted. Those wishing to keep the county seat in Fort Davis had to write it in. Cecilia Thompson supports this version in her History of Marfa and Presidio County, Texas, whereas Lucy Miller Jacobson and Mildred Bloys Nored in their Jeff Davis County, Texas book say there is no foundation for this legend. There was also discussion at the time that Dean had bought votes for the move, among other improprieties. The vote was 391 for moving to Marfa and 302 for remaining in Fort Davis. The county records were soon re - moved to Marfa, some say in the middle of the night. Legal wran- glings went on for a time, al - though most were soon settled. A new courthouse was built in Marfa in 1885 (on some of Dean’s land) and, although Brewster and Jeff Davis coun- ties formed as separate counties in 1887, those counties were expected to pay a share of the courthouse. (Since it had taken a while for the formation of the new counties to be approved by the legislature, and they were part of Presidio County when the courthouse was built, Brewster and Jeff Davis were ex pected to help pay for the building). The resulting law- suits continued in the courts for many years, but ultimately the two counties were required to pay their share. And some are still upset about it, not altogether in jest. BEER gARdEN & WINE BAR Noon to 2am live music • pool 412 E Holland Ave Alpine 432.837.5060 ReaD US ONLINe! cenizojournal.com Maisie Lee Hand-carved Doors for Homes and Churches Custom Sizes, Designed to Order See the Marathon Catholic and Methodist Churches for Examples Contact 432.386.4295 in Marathon Cenizo Fourth Quarter 2010 15