The Foster County News contains the following on the election in Foster County: "As the results come in from the distant points it looks as though on the county seat question that Carrington has been defeated by a small majority of probably 25 or 30 votes. The result certainly surprised a great many in Carrington, possibly a great many more in New Rockford. Until the full vote of the county is officially canvassed it does not seem desirable or profitable to discuss the mode on conducting the election or the manner in which the result is at present understood has been accomplished. It remains to be seen whether or not Carrington has been honorably defeated by New Rockford. If it is proved to be the case that Carrington has been really outnumbered by a preponderance of voters favoring New Rockford there remains nothing more than simply to congratulate our neighbor on the efforts and the demonstrated fact that New Rockford is indeed the chosen seat of government of the county. This much may be stated however in the interim some 75 people voted at Tomlinson of whom it is said at least 40 were railroad laborers who from their length of residence had no legal status in the county. No doubt this matter will be scrutinized. We cannot afford to lose that which may rightfully belong to us by any such means as this. Neither can New Rockford afford to obtain a victory in such a questionable manner but we prefer to wait until the canvassing board has pronounced upon the question before discussing this aspect of the case."
The New Rockford Transcript of November 14, 1884 gives the unofficial vote precinct by precinct with the note that the returns for Hellwig precinct were incomplete. The vote for county seat is reported as follows:
| Precinct | For Carrington | For New Rockford |
| Carrington | 170 | 10 |
| New Rockford | 3 | 106 |
| Tomlinson | 75 | |
| Gates | 12 | 31 |
| Bilodeau | 10 | 11 |
| Melville | 88 | 1 |
| Barlow | 30 | 6 |
| Donaghue | 1 | 27 |
| Tiffany | 1 | 55 |
| Larrabee | 10 | 3 |
| Hellwig | 34 | |
| Total | 325 | 359 |
New Rockford appears to have won by a substantial majority. It seems, however, as mentioned in the Alert story that the total vote is higher than might have been expected for an area that had been settled for no more than two years. For example, the Barlow precinct, consisting of three well-settled townships, polled only 36 votes while Tomlinson, of about two townships north of the James River and Hellwig, two townships also north of the river, had 80 and 34 electors respectively.
According to the unofficial returns in the New Rockford Transcript for November 14, 1884 the total of the votes cast for each of the various candidates for county officers was:
| Commissioner, First District | |
| Soliday | 125 |
| Jordan | 60 |
| Commissioner, Second District | |
| Braman (incomplete) | |
| Commissioner, Third District | |
| Henderson | 481 |
| Buell | 96 |
| Flint | 78 |
| Register of Deeds | |
| Canfield | 350 |
| Waring | 335 |
| District Attorney | |
| White | 287 |
| McHugh | 360 |
| Superintendent of Schools | |
| Hayes | 448 |
| Faequer | 223 |
| Judge of Probate | |
| Cleary | 436 |
| Cochrane | 213 |
| Treasurer | |
| Meacham | 313 |
| Leavenworth | 438 |
| Assessor | |
| Neasmith | 381 |
| Culver | 30 |
| Sheriff | |
| Hall | 581 |
| McDermott | 104 |
| Surveyor | |
| Chausse | 302 |
| More | 19 |
| Heinze | 140 |
| Coroner | |
| Lewis | 524 |
| Templeton | 65 |
In the same issue of the Transcript, November 14, the editor and successful candidate for superintendent of school editorializes at length:
"From its inception to the time of the election there was more strongly opposed by the north part of the county than the primary. Now we doubt whether there are stronger opponents to the system than those who first advocated and fought for it. That Carrington beat itself by the primaries cannot be denied. In the election of October 11 they attempted to gobble up everything, would not give north a single officer. One of her papers decried the distribution of officers but as time rolled by it is clearly shown that it meant only distribution to Carrington and Melville. With such a spirit so strongly shown in the primary the north was thoroughly aroused and determined by all fair means to get a redress for such outrageous and the ring is broken.
"One of the bitterest enemies of the north and especially of New Rockford and our candidate is elected but it is only through the magnanimity of the north. Strenuous efforts were made to down every northern man. The result is that every northern man is elected, three, Neasmith, Cleary, and Hayes, by a large majority. Though it is elected by a small majority the greatest victory for the county office and for the candidate for register of deeds, Chauncy C. Canfield. All the odds were against him. But the victory that overtops them all is that for county seat. New Rockford has a county seat by a 29 majority. Carrington has made efforts to lead us to believe that she had 250 votes and that Melville had 150. The combined vote of the two makes only a little more than the first number. She told us we had but 30 votes which statement might have caused us to feel sick …"
No record of the October 11 primary election mentioned in the editorial has been found in the commissioners' proceedings or elsewhere.
Two members of the old Board of County Commissioners, Casey and Brenner, acting as a canvassing board met as required by law 18 days after the election but only met in Carrington on November 19, 1885, to canvass the votes. Horace M. Clark of New Rockford, representing the Second District did not appear to be present at the proceedings. The final results certified to the territorial officials and the county Commissioners were quite different from the unofficial tabulation in the Transcript. Chauncy Canfield had lost his bid for Register of Deeds to Bruce Waring of Carrington and Carrington, not New Rockford, was the voters' choice for county seat! The Commissioners' minutes contain the report of the canvassing board:
Proceedings of the Board of Canvassing in Session November 19, 1884
Territory of Dakota)
County of Foster )ss.
On Wednesday the 19th day of November 1884 being the 15th day after the close of the general election of officers in and for said county I, Will Nickeus, county clerk in and for said county took for my assistance at my office in the town of Carrington a majority of the Board of County Commissioners in and for said county to wit: Lyman R. Casey, Chairman of said board and Ernest W. Brenner, none of said persons named being candidates for office at said election, as canvassing board the returns and to make abstracts of the votes cast at said election as provided by law. All the returns of said election on file at my office being then and there opened and abstracts made there of as provided by law. The results of said canvass were as follows:
Delegates
| Delegates | |
| Oscar F, Gifford | 654 |
| John R. Wilson | 80 |
| J.B. Raymond | 3 |
| Council | |
| Johnson Nickeus | 551 |
| Charles Richardson | 468 |
| James Bellows | 62 |
| W.E. Jones | 30 |
| Register of Deeds | |
| Bruce Waring | 334 |
| Chauncy T. Canfield | 318 |
| Will D. Nokeus | 6 |
| District Attorney | |
| Heber McHugh | 361 |
| Charles L. White | 290 |
| County Assessor | |
| George E. Neasmith | 330 |
| C.D. Barwell | 188 |
| B.J. Holcomb | 1 |
| C.H. Culver 13 | 13 |
| Judge of Probate | |
| Joseph Cleary | 436 |
| C.C. Cochrane | 213 |
| Sheriff | |
| Ralph Hall | 548 |
| J.H. McDermott | 103 |
| Coroner | |
| C.D. Lewis | 524 |
| John A. Templeton | 96 |
| J. O'Leary | 11 |
| A.M. Greeley | 1 |
| E.F. Porter | 1 |
| Treasurer | |
| E.S. Leavenworth | 436 |
| O.G. Meacham | 215 |
| Superintendent | |
| J.W. Hayes | 392 |
| William Farquer | 251 |
| C.D. Lewis | 1 |
| J.D. Hayes | 2 |
| County Surveyor | |
| Walter Chausse | 394 |
| Walter B. Moore | 41 |
| H. Heinz | 137 |
| P.B. Tilden | 3 |
| Commissioner, First District | |
| H.A. Soliday | 201 |
| Lamonte Durbrow | 98 |
| R.C. Jordan | |
| Commissioner, Second District | 76 |
| Paul G. Brauman | 76 |
| E.W. Brenner | 3 |
| Commissioner, Third District | |
| E. Hendrickson | 52 |
| W.H. Fling | 78 |
| O.S. Buell | 96 |
"The following are listed as certificates of election by me then and there made. The town of Carrington having a majority of all the votes cast in said county at said election for county seat I made a certificate in due form to the Board of Commissioners that said town of Carrington was the county seat of said county and for county officers as follows:
| Bruce Waring | Register of Deeds |
| Heber McHugh | District Attorney |
| George E. Neasmith | Assessor |
| Joseph Cleary | Judge of Probate |
| C.D.U. Lewis | Coroner |
| Ralph Hall | Sheriff |
| E.S. Leavenworth | Treasurer |
| J. W. Hayes | Superintendent of Schools |
| Walter Chausse | Surveyor |
| H.A. Soliday | Commissioner, First District |
| Paul J. Brauman | Commissioner Second District |
| O. S. Buell | Commissioner, Third District |
| Porter Churchill | Justice of Peace |
| John Loudon | Justice of Peace |
| John C. Warner | Justice of Peace |
| A.C. Halsey | Justice of Peace |
| John F. Donaghue | Constable |
| T.W. Baker | Constable |
| John Harrington | Constable |
Signed Will D. Nickeus
County Clerk"
In the New Rockford Transcript for November 18, 1884 the editor comments on the action of the canvassing board. He begins by quoting from the Carrington News
"We do not know that there is any particular necessity for jubilation over the results of the official canvass and its bearing upon the county seat. Carrington had the capital of the county. That really seems to be about all there is to be said. In the meantime Carrington claims to have conducted the election honestly and the finale was simply what we expected, namely, that Carrington retains the county seat from the News (Carrington)"
Continuing the Transcript editor presents his views
"Really, now how modest he is. No particular reason or necessity for jubilation. How strange it is that the News does not care to state the manner in which Carrington was declared the county seat. It is not worthwhile, he thinks, it would not lie or steal yet countenanced one of the worst steals ever committed. The News is satisfied that the county vote was in favor of Carrington regardless of how such a declaration was brought about. This made it accessory to a terrible crime. We heard it said on the day of the canvas that the Newsman stated that he washed his hands of the action of the canvassing board that day but it was all a mistake. Its assent to this action and its sense of shame goes only so far that it will not publish the manner in which the county was declared. When the News declared that Carrington had the majority of bona fide votes it heaps insult on the majority of votes stating that it was believed but cannot be proved. They say that a number of railroad men voted illegally. It can be said with just as much reason that these votes were not illegal and have no right to be judge in the matter and give decisions before proof is advanced. Such scandalous reports as have been made in the Carrington paper have been patiently endured. The cry was natural and was to be expected. Carrington endeavored to get out that railroad vote itself and failed so it is perfectly natural that they should kick. An outrageous steal was made and resulted that Carrington holds the county seat for a short time if it can take any enjoyment for the honors obtained as they were then there. There is more depravity in its midst than some have given due. 'Tis short lived we rest in security that right will be maintained at no distance time. We can scarcely pity those execrations that rest and will forever rest on the thieves.' "
If the depth of feeling expressed by the editor of the New Rockford newspaper is at all indicative of the sentiments of the northern part of the county it seems that some drastic action was inevitable. It is unfortunate that the contemporary newspapers for the ensuing months have not been preserved. They may have given some indication as to the reason for the discrepancies in the count of the votes for county seat. It should be pointed out that the railroad men mentioned were probably the laborers engaged in the construction of the tracks of the Jamestown and Northern Railroad being laid north from New Rockford towards Leeds. The eligibility of these temporary residents was certainly questionable.
A partial and probably biased account of what may have happened at the meeting of the canvassing board appeared two years later in an editorial in the Transcript for October 1, 1886. The editor was opposing the candidacy of Lyman R. Casey who was running for election as representative in the Territorial Legislature from the district comprising Foster and Eddy counties. The lengthy editorial is quoted in full:
"In our last issue we promised our readers a little of the record of Lyman R. Casey, the man Foster County would ask us to support as representative for the legislative district. The history we promised is nothing new to many of our readers only a slight reference to the facts in the case will bring it clearly before them again.
"This time we have reference to the public life of Mr. Casey about two years ago when he was chairman of the board of commissioners of the county. The question of locating the county seat was then agitating the public mind and the election was called to decide whether New Rockford or Carrington was to be the future hub of Foster County. The political wire pullers of both towns were doing their utmost to gain supremacy and frauds were reported in both opposing factions but the greatest and by far the boldest fraud, a fraud which had it been prosecuted instead of compromised would have undoubtedly caused the Foster candidate to have been asking for freedom from iron bars and a striped suit rather than for legislative honors at the present time.
"The part that Mr. Casey took in this contest was a most important one. When the election was over the ballot boxes of the different precincts were taken to Carrington at which place the County Commissioners were to review the count. In the morning of the day that the county was to be reviewed Mr. Casey and one of the other commissioners with Mr. Dodge of Jamestown and a few others of like ilk secured the ballot boxes for several precincts and long before daylight retired to a private room locked and barred the door so effectively as to exclude all other persons. At the regular hour of the meeting of the board and at the time agreed upon at the former meeting for the review of the ballots the third commissioner as at hand but was denied admission and quietly informed that his services were not required on this particular occasion. Many demands were made for admission but all met with refusal until after the count had been finished and the Hellwig precinct thrown out and Carrington declared the county seat. The count of Hellwig's ballots would have changed the result of the election and lost the county seat to Carrington. On pretense of fraud Lyman R. Casey, the man asking for a position of honor or trust in our hands, appointed himself judge, jury and chief executor and declared the vote of that precinct forfeited without even a pretended investigation or the slightest knowledge of the validity of a vote.
"This is not all, the Hellwig ballot box was afterwards demanded of Mr. Casey by the law but he refused to produce it and we have not the slightest doubt that the upright and honorable gentleman had broken the box and destroyed the ballots of the Hellwig precinct, thus disenfranchising as honorable and intelligent a class of citizens as cast a ballot in the bounds of this territory, which act was afterward compromised for by a division of the county. The facts existing as they do, could any person with the slightest regard for honor or justice ask the people of Eddy County to support such a man?"
A comparison of the unofficial returns as published in the Transcript and the votes certified by the county commissioners indicate that there is at least a grain of truth in the editor's story and allegations. If the county for Hellwig is subtracted from the unofficial totals the vote for county seat becomes: Carrington 331 1/2, New Rockford 325 1/2. Carrington wins! These diminished totals differ from the official tally by exactly one vote for each city.
Further examination of the returns for some of the candidates for county offices also suggests that the Transcript allegations are not too far a field. For example, the unofficial tally for Register of Deeds gives Canfield 350 and Waring 335 votes while the official abstract shows Canfield 318 and Warring 334. The respective difference 32 and 1 are only one vote off from the unofficial figures on Hellwig Precinct. Similar differences obtained for the other candidates but it is only in the case of the county seat and Register of Deeds where the missing votes would have changed the election rules.
The ‑ newly elected Board of County Commissioners were scheduled to meet for the first time on December 3, 1884 but only Soliday was at hand. Consequently no business could be transacted since two members of the board are required for a quorum. Braman from the second district put in an appearance the following day and was chosen to act as temporary chairman.
The first order of business was the approval of the bonds for the several newly elected county officials. The ' next was the adoption of the following resolution:
"Whereas the Canvassing Board of Foster County decided that Carrington had the majority of votes at the election of November 5, 1884, be it resolved Carrington be the County seat of Foster County and the sheriff is and is hereby ordered to put in place notice of said election of Carrington at several places in each precinct of the county on or before December 19, 1884."
No other business was transacted and the meeting was adjourned to meet again on January 5, 1885.
The commissioners' minutes are silent as to the goings on in the northern half of the county during the early months of 1885, but on March 9 of that year the Legislative Assembly of the Territory of Dakota approved an "Act Creating Eddy County and Defining its Boundaries." The first three sections of the act define the boundaries of the two counties as they exist today and designate Carrington and New Rockford as the county seats. The fourth and fifth sections state that the question of the creation of Eddy County and the division of Foster County is to be submitted to the voters at a special election to be held on March 31, 1885. The ballots contained a single question: "For the creation of Eddy County and the division of Foster County, "Yes" and the same question again with the answer "No". A simple majority was all that was needed. The results were to be canvassed by the county clerk, treasurer and judge of probate of Foster County and the abstract of votes submitted to the Territorial authorities. If the vote is in favor of the division the Territorial Governor will appoint three commissioners for the new Eddy County and only two for Foster since Soliday would be a resident of the divided Foster County. The remaining sections of the act provided that the Register of Deeds of the new county copy pertinent records from the register of deeds office, and that the division of the indebtedness was to be in proportion to the assessed valuation of the counties. The tenor of the entire act is such that it appears to be a ratification of the secession that had already been agreed upon by residents of Foster and Eddy County, more particularly by the latter.
All three commissioners, Buell, Braman and Soliday were present at the first meeting of the new year. Buell was elected chairman. A great deal of routine business had accumulated since the last meeting and three days were, required in approving liquor licenses, paying salaries, and the rent on the county offices scattered in various buildings in Carrington. At the next scheduled meeting, February 4, only Soliday was present, the same was true on February 18 until Braman appeared in the afternoon. At this meeting the bid of J. Morley Wyard to do county printing was accepted and various bills were allowed. There was no quorum at the next meeting again only Soliday was at hand. Braman appeared at the meeting of April 7; the only business he and Soliday transacted was the approval of three liquor licenses.
Source: A History of Foster County 1983 Page 135