County Government

Land Sales and the Founding of Morton

After the heirs of C. C. Slaughter dissolved the C. C. Slaughter Cattle Company in 1921, some began selling their land. Minnie Veal, C. C. Slaughter's eldest daughter, began colonizing her portion, the northernmost tract in the area of present-day Morton. Morton Joe Smith served as Mrs. Veal's selling agent.

Morton J. Smith and his wife of five years, the former Emlea Bruce, moved to Lubbock in 1910. Smith acquired land and cattle holdings in Dawson, Bailey, and Cochran counties but later suffered a financial reversal. He spent his last $25 paying an attorney to prepare a contract for the sale of Minnie Veal's land. The agreement called for approximately 20,000 acres to be sold at $20 per acre, from which Smith was to pay Veal $12.50 per acre.

In 1922, Smith selected a site for a town he called Morton, which he envisioned as the future county seat. He proudly showed the location to prospective buyers who came to inspect the farmland. The townsite was surveyed in 1923.

The Founding of Ligon and the County Seat Rivalry

Other Slaughter heirs were eager to have a railroad constructed across their holdings and hoped to establish a town of their own that could become the county seat. C. C. Slaughter Jr. selected a townsite four miles south of Morton. The new community was named Ligon. Ligon was surveyed and platted in March 1923, and a general store, school, and gasoline filling station were established there that same year.

The development of Ligon began a rivalry between the Slaughters and Smith, with each side seeking to have its town named the county seat.

The First Organization Election of 1923

On February 3, 1923, a petition bearing the signatures of 100 Cochran County voters was presented to the Hockley County Commissioners Court, requesting that Cochran County be organized. The petition was accepted. On February 12, Judge John H. Doyle ordered an election to determine whether Cochran County should be organized.

The following day, Charles A. Pierce, attorney for the Slaughters, requested that Ligon appear on the special-election ballot as a possible county seat. Morton J. Smith likewise requested that Morton be placed on the ballot. Both requests were granted.

The election was held on March 17, 1923. When the Hockley County Commissioners Court met on March 19 to canvass the returns, its members were served with an injunction from the Hockley County District Court. The writ, styled E. Dick Slaughter and Bob Slaughter v. John H. Doyle and others, restrained the court from declaring the election results.

The Slaughters alleged that some voters had not lived in the county long enough to be eligible, that some did not live in the county at all, and that some women had registered their names incorrectly on the voting lists. Morton J. Smith chose not to contest the allegations. The results of the election showed 52 votes for Morton and 13 for Ligon.

Morton Townsite and the Second Petition

Morton J. Smith and Lee Secrest staked the Morton townsite in the spring of 1923. The 704-acre site was mapped, platted, and registered with the Hockley County Clerk on June 5, 1923. Smith donated the town square, streets, and alleys to the county. He also built a small office on the east side of the square that remained substantially as built for more than 40 years. A general store was established on the southwest corner of the square.

On February 12, 1924, two groups of men appeared before the Hockley County Commissioners Court. One group was led by Morton J. Smith; the other was led by Charles A. Pierce on behalf of the Slaughters. Smith presented Judge John H. Doyle with another petition requesting an election to organize Cochran County.

The petition required 75 signatures, and Smith had obtained 87. Pierce challenged 13 signatures, leaving Smith one short of the required total. An argument followed, and Judge Doyle adjourned court until February 16, giving the two sides four days to settle their differences. What occurred between Pierce and Smith during those four days is unknown. When the court reconvened, Smith's petition contained 85 valid signatures, was unopposed by Pierce, and was approved by the court.

The Successful Election of May 6, 1924

On April 25, 1924, Judge Doyle ordered a second election for the organization of Cochran County. The election was scheduled for May 6 and would also divide the county into precincts, select county officials, and determine the county seat.

Smith was confident Morton would prevail. After leaving the Hockley County Courthouse on April 25, he made the following statement:

“I'm a rough old cowboy, but I've got 'em throwed and they know it. Put 'er down that Morton wins the county seat—no need to wait around till vote's counted—and tell 'em we'll have a gin, a school, and a church. Tell 'em the Slaughters is all right, Charley Pierce's all right; but old Mort Smith's goin' to get the county seat. Charley's got the land but I've got the votes.”

Pierce issued no statement about the election but warned Smith that the two sides should not fight, or neither town would obtain the railroad.

Ninety-nine votes were cast on May 6, 1924. Morton received 72 votes for county seat, while Ligon received 20. Richard T. Campbell was elected county judge with 60 votes; Presley Barrett Penney was elected sheriff with 64 votes; Rupert McCasland was elected county clerk with 65 votes; Lee Cooper was elected county tax assessor with 38 votes; and Maurd M. Jones was elected county treasurer with 51 votes.

G. H. Mathews was elected commissioner of Precinct 1 with 65 votes; H. T. Boyd was elected commissioner of Precinct 2 with 8 votes; D. P. Earnest was elected commissioner of Precinct 3 with 3 votes; and Lem Shipman was elected commissioner of Precinct 4 with 23 votes. R. J. Smith was elected justice of the peace for Precinct 1, and Eugene Cornelius was elected constable of Precinct 2.

The First Commissioners Court Meetings

The Cochran County Commissioners Court held its first official meeting on May 7, 1924, at Winder's General Store on the southwest corner of the square. The store was designated the temporary courthouse. Judge Campbell, Commissioners Mathews and Shipman, Sheriff Penney, and County Clerk McCasland attended. After Judge Campbell completed his oath of office, Morton J. Smith gave a resounding “Amen!”

The court met again on May 10 with Commissioners Boyd and Earnest present, along with the other officials. The court established salaries for the county judge, clerk, and sheriff; selected Littlefield State Bank as the temporary depository for county funds; and hired L. G. Tucker as sanitary livestock inspector.

The commissioners also accepted plans for a temporary courthouse on the west side of the square. Morton School was selected as a temporary courtroom, and Tom T. Main was hired as county attorney.

Legal Challenges and Early County Development

In June 1924, Charley A. Pierce filed suit in the Hockley County District Court against Judge John H. Doyle and the Cochran County commissioners on behalf of the Slaughters. The suit sought to set aside the organization of Cochran County, stating that ranchers feared county organization would increase the tax valuation of their land.

The Hockley County District Court declared the organization legal and dismissed the case. Afterward, county business progressed more smoothly. The temporary courthouse was completed, and county officials moved into it on June 20, 1924. In July, the commissioners ordered public roads laid out from the courthouse to the county line in every direction, connecting with existing roads in neighboring counties.

On September 8, 1924, a special bond election was held to raise $60,000 for a permanent courthouse. Sixty voters supported the proposal, while 47 opposed it. The court soon learned that a new courthouse could not be built for $60,000.

The Disputed County Judge Election

A general election was held on November 12, 1924, bringing new difficulties to the young county. J. D. Caldwell, a newcomer to Cochran County, challenged R. T. Campbell for county judge. Caldwell received 72 votes, while Campbell received 57.

Campbell protested the election, stating that Caldwell had not lived in Cochran County for the required six months and was not eligible to hold public office. Campbell refused to issue Caldwell a certificate of election. All four commissioners were reelected.

Commissioners Shipman and Mathews, who were already at odds with Campbell, issued the certificate of election to Caldwell on November 14. Commissioners Earnest and Boyd were absent from that meeting. A feud quickly developed within the court, reflecting the continuing rancher-versus-farmer conflict.

Boyd and Earnest supported Campbell and had also supported the Slaughters during the county seat rivalry. Shipman and Mathews supported Caldwell and had sided with Smith. The Slaughter interests filed suit in the Hockley County District Court to disqualify Caldwell as county judge, but the court did not declare him ineligible.

Two Competing County Governments

On January 1, 1925, Cochran County officials gathered in the temporary courthouse to begin their first full terms. Campbell, Earnest, and Boyd sat on one side of the room; Caldwell, Mathews, and Shipman sat on the other. Some men were armed with pistols. Between the groups sat a Texas Ranger carrying two six-shooters.

When County Clerk Rupert McCasland entered, Sheriff Penney asked which side he would serve. McCasland replied, “Those whom the people have duly elected.” McCasland possessed the election certificates issued by the state government.

Dissatisfied with the answer, Penney left the courthouse, went to the school, and returned with “Prof.” W. E. Angley. Angley was sworn in as Campbell's clerk, while McCasland was sworn in as clerk for the Caldwell group. Commissioners Boyd and Earnest refused to take their oaths of office, file their required bonds, or sit on the same court as Shipman and Mathews. Cochran County now had two sets of officials.

For several days, both groups met as the legal government of Cochran County. During that period, Commissioners Earnest and Boyd went to the courthouse to obtain certified copies of minutes from meetings held by the Caldwell group. Shipman and Mathews suspected that Earnest and Boyd might try to seize the county records and establish a courthouse in Ligon, so they guarded the courthouse with guns whenever Boyd and Earnest appeared.

Caldwell's Court and Vacant Commissioner Seats

On January 12, 1925, Judge Caldwell and Commissioners Mathews and Shipman met for the regularly scheduled Commissioners Court meeting. They declared that Richard T. Campbell was unlawfully acting as county judge and meeting with two former county commissioners, conduct they described as a threat to the peace of Cochran County.

Campbell and his group were ordered to stop meeting as the Cochran County Commissioners Court. Sheriff P. Barrett Penney, who had sided with Campbell, was ordered to prevent Campbell, Boyd, and Earnest from meeting and to use force if necessary. Caldwell asserted that because Boyd and Earnest had refused to take their oaths, file bonds, or sit on the Commissioners Court, the seats for Precincts 2 and 3 were vacant.

At the February 10, 1925, meeting, Caldwell appointed T. W. Bennet commissioner of Precinct 2 in place of Boyd and W. A. Herridge commissioner of Precinct 3 in place of Earnest.

Planning and Building the Permanent Courthouse

During the February 10 meeting, Caldwell, Shipman, Mathews, Herridge, and Bennet voted to build a three-story courthouse and jail. Notices were posted at the temporary courthouse, Morton School, Minnie Veal School, Bull Camp School, and Ligon.

The commissioners accepted the bid of architect W. R. Kauffman and the W. M. Rice Construction Company. The contract placed the total cost of the courthouse and jail at $126,000.

Construction began soon afterward. Deputy M. G. Mathews, son of Commissioner Mathews, was assigned to guard the building materials at night after rumors circulated that supporters of the Slaughters had vowed the courthouse walls would never rise “as high as a man's head.”

The Rice Construction Company agreed to accept $54,000 in county bonds as partial payment. Opponents of the courthouse unsuccessfully sued to prevent the Commissioners Court from issuing and selling the $54,000 in bonds.

Federal Court Action and Completion of the Courthouse

David M. DeVitt, co-owner of the Mallet Land and Cattle Company, filed another suit in the United States District Court for the Northern District of Texas in Amarillo. The case, DeVitt v. J. D. Caldwell, sought to restrain the commissioners from constructing the Cochran County courthouse.

U.S. District Judge James C. Wilson issued a temporary restraining order. Construction stopped only weeks after it had begun. During the delay, W. M. Rice, owner of the Rice Construction Company, died, and the courthouse project became involved in the settlement of his estate.

A compromise was reached with the Rice Construction Company for the work already completed. On August 15, 1925, a new contract was awarded to the Sampson Construction Company for $73,000, and construction resumed immediately. The E. L. Steck Company received a $25,513 contract to furnish and equip the courthouse and jail.

The Cochran County Commissioners Court inspected the completed courthouse and officially accepted it from the contractor on April 24, 1926. In November 1926, an entirely new group of officers was elected to the Cochran County Commissioners Court.