USA > Iowa > An illustrated history of the state of Iowa, being a complete civil, political, and military history of the state, from its first exploration down to 1875; > Part 26
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83
" The debt of the state, exclusive of bonds issued to the school fund, remains as stated in my former message, viz. : $300,000, in war and defense bonds. This debt will become due in 1881. I recommend that authority be given, under proper restrictions, for the purchase of the bonds and the early extinguishment of the debt.
" My official relation to the state university as president of the board of trustees, and afterwards of the board of regents," says the governor, " has afforded me ample opportunity to become ac- quainted with its conditions and claims, and I feel justified in bearing my unqualified testimony to its very great value, as stand- ing at the head of our noble system of public education. My per- sonal observation, for the last four years, fully confirms the opin- ion of numerous competent judges, that the courses of study ; the learning, experience, fidelity, and zeal of the instructors ; the pro- ficiency in scholarship and the orderly conduct of the students;
358
TUTTLE'S HISTORY OF IOWA.
the controlling idea and general plan of the university ; its adapta- tion to the educational wants of the people, and its progressive character, entitle it to a high rank among the institutions of its class in the northwestern part of our country. The reports of the board of regents, and the president of the university, contain a full and detailed account of its affairs, and will afford information that will enable you to judge for yourselves concerning its whole organization, the facilities it offers for the highest mental culture, and the extent to which those facilities are availed of, by the youth of our own and other states."
"On the 31st of December, 1868, there were 1,448 miles of rail- road in the state, and on the 31st of December, 1870, there were 2,783 miles; an increase of 1,335 miles in the two years. There are now 3,000 miles of railroad in operation in the state. Accord- ing to the estimate of the treasurer of state, the value of the prop- erty now in railroads may be put at rather more than $80,000,000, or about one-eleventh of the entire value of all the property in the state. The magnitude of this interest is now so formidable as, in my opinion, to demand some measure of official super- vision. At present, railroad companies, upon the completion of their lines, are required to report to the legislature, stating ' the amount paid in,' the entire expenses of construction, 'the length of the road, the number of planes on it, with their inclination to the mile, the greatest curvature of the road, the average width of the grade, and the number of ties per mile.' I am not aware that any railroad company in the state has complied with this requirement ; certainly very few, if any, have done so.
" Each railroad is also required to report, under oath, to the secretary of state, annually, 'showing the amount 'of its capital stock, and 'amount paid thereon; the amount of bonds issued, and how secured, and all other indebtedness; the length of such railroad when completed, and how much is built and in use; the number of acres of land donated or granted to them, by whom, and what disposition has been made of said grants or donations ; the gross amount of receipts, and how disbursed ; the net amount of profits and the dividends made, with such other facts as may be necessary to a full statement of the affairs and condition of
CROSSCUP & WES FSC. PHILA.
ChasH Levi's
360
TUTTLE'S HISTORY OF IOWA.
such railroads.' This requirement is complied with by only a small number of companies ; and it is not made the duty of any officer to enforce the provisions of either statute. The latter re- port may be compelled by a writ of mandamus asked for by any stockholder; but there is no penalty in either case for failure to make report. If it were made the duty of some public officer to enforce the making of these reports, there can be little doubt that they would be obtained.
" The census of 1870, taken by the federal government, reports a population of 1,191,802 in the state. This is an increase of 150,983 over the figures given by the state census of the previous year-the largest gain yet made by the state during the same period, viz: about sixteen months. The advance made since the census of 1860 is 516,889. The rapid strides Iowa has made are better realized upon comparing her growth with that of other states. In 1850, she stood twenty-seventh of the states of the union in point of population. In 1860, she ranked twentieth; and in 1870, eleventh. Among the duties devolving upon you, at the present session, will be that of apportioning the state into seven congressional districts, or, if the bill pending in the United States senate passes, into nine of them. In justice, the representation in the present congress, and consequently in the electoral college next fall, should be based upon the census of 1870; but efforts to effect this result have hitherto failed, and will not probably now be renewed. An apportionment of the state into senatorial districts for four years, and into representative districts for two years, will also be necessary. The judicial districts may now also be reorganized for four years. I would suggest the creation of another judicial district, in order to relieve some of our over- burdened districts, and at the same time, to provide for the newer but more rapidly growing counties."
The governor closes his message by saying :
" Our state, with its first quarter of a century just completed, has already made a history of her progress, her enterprise, and her patriotism, of which all her citizens may be proud. The sparsely settled territory of 100,000 souls, which twenty-five years ago became a state, has grown to an opulent commonwealth of 1,350,000 people. The luxuriant soil Iowa was known to
361
ADMINISTRATION OF GOV. CARPENTER.
possess has more than fulfilled its early promise ; while her treas- ures of stone and coal, then hardly suspected to exist, have added largely to her wealth. Railroads, then scarcely west of Ohio, now stretch their 3,000 miles of iron in network over the state ; and the telegraph goes with them. Her political record has been equally honorable. The first free daughter of the Missouri com- promise, she has been true to her heritage of freedom. Among the first to rush to the support of an endangered union, and to lay her best blood on the altar of her country, she was also first to strike from her constitution the odious discrimination between her citizens on account of color. The past career of Iowa, both as territory and state, has been honorable, progressive, substantial. May her future be even more so !"
The two houses met in joint convention, on the 10th of Janu- ary, for the purpose of canvassing the vote for governor and lieu- tenant governor, Senator Lowry, president pro tem. of the senate, presiding. The canvass was concluded with the following result : Whole number of votes cast, 177,380, of which Cyrus C. Car- penter received 109,128 ; Joseph C. Knapp, 68,226; scattering, 26. For lieutenant governor, the whole number of votes cast was 177,247, of which Henry C. Bullis received 108,856; M. M. Ham received 68,858: scattering, 1. Whereupon the president pro tem. announced that C. C. Carpenter was duly elected gov- ernor of the state of Iowa for the term of two years from the second Monday in January, 1872, and H. C. Bullis duly elected lieutenant governor of the state for the term of two years, they having received a majority of all the votes cast at the election held in October, 1871.
On the following day, the two houses again met in joint con- vention for the purpose of inaugurating the governor and lieu- tenant governor elect. The oath of office having been adminis- tered by Senator Lowry, president pro tem. of the joint convention, Gov. Carpenter read his inaugural address; after which the con- vention was dissolved.
The general assembly closed its session on the 23d of April, 1872, and adjourned to meet on the third Wednesday of Janu- ary, 1873. The mass of the work accomplished was of local im- portance only ; but there were a few acts of general interest.
362
TUTTLE'S HISTORY OF IOWA.
The state was divided into nine congressional districts, fifty sena- torial districts and seventy-five representative districts. A subject that occupied a good deal of attention was that of regulating the sale of intoxicating liquors. There was a committee on the sup- pression of intemperance, to whom all petitions and propositions were referred. Among the bills discussed was one providing for the licensing of the sale of spirituous, vinous and malt liquors, which was defeated in the house by a vote of 29 yeas to 64 nays. A proposition to prohibit the making, keeping or selling of liquor was also defeated, as well as one that made parties selling intoxi- cating liquors responsible for all damages done by reason of the sale. The act finally passed was in the form of an amendment to the revised laws of 1860, and provided that "no person shall obtain a permit to buy and sell intoxicating liquor, under the provisions of article 2 of chapter 64 of the revision of 1860, and the acts amendatory thereto, unless such person shall first present to the court a certificate, signed by a majority of the legal voters of the township, city or ward in which he desires to sell such liquors, that he is of good moral character, and that they believe him to be a proper person to buy and sell intoxicating liquors for the ยท purposes named in section 1575 of the revision of 1860." Other provisions were in the bill regulating the business re- ferred to.
The question taxing railroads and regulating their tariff was also a prominent one in the debates of the assembly. A bill was finally passed providing that it shall be the duty of the census board to assess all the property of each railroad company in the state, excepting the lands, lots and other real estate of a railroad company not used in the operation of their respective roads. The officers of each company owning, leasing or operating any railroad in the state were required to furnish said board with a statement, embracing certain statistics of property belonging to such railroad company, for the assistance of the census board in properly assessing such companies.
Capital punishment for the crime of murder was abolished and all crimes punishable with death shall be punished by imprison- ment for life at hard labor in the penitentiary ; and by the pro- visions of the law, the governor shall uot grant a pardon, unless
363
ADMINISTRATION OF GOV. CARPENTER.
the same shall have been recommended by the general assembly of the state. The vote on its final passage stood, twenty-nine to senventeen in the senate, and sixty-six to twenty-two in the house. Another act was passed providing "that no appropriation of pub- lic money, or property shall be made, and no gift, loan or appro- priation of money or property shall be authorized by the corpo- rate authorities, supervisor, or trustees of any county, township, city or town, or municipal organization of the state to, or in favor of any institution, school association or object which is under ecclesiastical, or sectarian management or control." Another act provides for taking the census of the state in 1873. Another act was passed authorizing any city or incorporated town to raise money, not exceeding in amount one mill upon the dollar, of the assessed value of taxable property in any one year, for the main- tenance of a free public library within the limits of such city or incorporated town ; the question to be submitted to a vote of the people of such town or city before accepting the benefit of this act.
Among other acts passed was one for the establishment of another penitentiary at the stone quarries, near Anamosa; one providing for the enlargement of the institution for the education of the blind ; one establishing a board of capitol commissioners, with the governor at its head, to take charge of the erection of the state house at Des Moines, the cost of which was limited to $1,500,000 ; and one constituting a visiting committee to ascer- tain the condition and managment of insane asylums, and see that needed reforms are adopted.
An effort was made to carry a resolution submitting to a vote of the people, the proposition to strike from the clauses of the constitution relating to the right to vote and hold office, the word " male." The resolution passed the house by a vote of 58 to 59, but was defeated in the senate, 22 voting in the affirmative, 24 in the negative, and 4 being absent or not voting. The following appropriation bills were passed : for the completion of the north wing of hospital for the insane at Independence, $200,000 ; for the maintenance of the state university, $52,300 ; for enlargement of the college for the blind, $70,000; for the agricultural college, $16,000 ; to the soldiers' orphans' homes, $16,000 ; to the state
364
TUTTLE'S HISTORY OF IOWA.
penitentiary, $9,600, and $45,000 for the state reform school, to furnishing rooms for the reception of girls.
The general assembly adjourned on the 23d of April to meet again in January, 1873, for the purpose of completing the revis- ion of the code of laws.
The first political convention of the year 1872, was that of the republicans, held for the purpose of appointing twenty-two dele- gates to the national convention of the party. Resolutions were adopted. indorsing the administration of President Grant, and in- structing the delegates to vote for his renomination, and Henry Wilson, as a candidate for vice president. On the 23d of April, a mass convention was held at Davenport to choose delegates to the liberal republican convention at Cincinnati. One hundred and fifty delegates were appointed, and resolutions adopted, opposing the renomination of President Grant, and pledging support to " any one of the good and able men of the party for the first place in the gift of the people, nominated upon a platform declaring in favor of honesty, economy, amnesty, thorough genuine reform, and the one term principle for the presidency."
The democrats met in convention at Des Moines on the 11th of June, and appointed delegates to the national convention at Balti- more. The resolutions favored the indorsement of the nomina- tion and platform of the liberal republicans made at Cincinnati.
The democrats and liberal republicans held conventions at Des Moines on the first of August to nominate state officers. No gov- ernor or lieutenant governor was to be nominated, and the ticket selected by a conference committee and adopted by both conven- tions was as follows: For secretary of state, E. A. Guilbert ; state treasurer, M. J. Pholfe ; auditor, J. P. Casserly ; attorney general, A. G. Case. The republican state convention met at Des Moines on the 21st of August and nominated Josiah T. Young for sec- retary of state ; William Christy for treasurer ; John Russell, for auditor ; Aaron Brown for register of state land office, and M. E. Cutts, for attorney general. A platform was adopted which eulogized the principles of the republican party, and indorsed the platform and candidates of the national convention.
At the election in the fall, 1872, the total vote given for presi- dent in Iowa, was 202,762, of which the Grant electors received
CROSSCUP & WEST-SC PHILA
N. Boardman
366
TUTTLE'S HISTORY OF IOWA.
131,566; and the Greeley electors 71,196. The total vote for secretary of state was 206,856, of which Young, republican, re- ccived 132,359; and Guilbert, democrat, received 74,497. The legislature of 1873 contained a large republican majority.
The auditor of state, in his report for two years ending No- vember 4, 1871, gives the following statement of receipts and expenditures of public money :
Balance in the treasury, October 30, 1869, $300,198 86 Received into the treasury from all sources during the same
period,
2,206,357 33
$2,509,556 19
The disbursements by the state treasurer during the same
period amounted to 2,413,586 93
Leaving a balance in the treasury, on the 4th of Nov., 1871, of $95,969 26
The general assembly met, pursuant to adjourninent, on the 15th of January, 1873, and was called to order by Lieut. Gov. H. C. Bullis, president ; and in the house, by the speaker. There were sixteen laws enacted and fifteen joint resolutions passed. The acts were mainly of a local nature ; legalizing the incorpora- tion of towns and school districts, and making appropriations for the expenses of the adjourned session and other miscellaneous purposes. There was no act of a public character requiring specific notice. After a session of thirty six days, the general assembly adjourned sine die on the 20th of February, 1873.
The election in the fall of 1873 passed off without any un- usual excitement. Joseph M. Beck was elected supreme court judge.
The census of the state, as taken in 1873, contains many valuable statistics of the resources of the state, and from the published report the following extracts are taken: The whole number of males (white), 644,424 ; females (white), 601,457 ; males (colored), 2,813 ; females, (colored), 2,639. Number of acres of land improved, 9,987,788 ; number of bushels of wheat harvested (1872), 32,437,836 ; same of corn, 141,744,522 ; same of oats, 221,113,013 ; same of barley, 57,770,169; number of pounds of wool shorn, 2,348,884.
Pursuant to the provisions of law, the fifteenth general assembly
367
ADMINISTRATION OF GOV. CARPENTER.
of the state convened at Des Moines on the 12th of January, 1871. The senate was organized by Lieut. Gov. Bullis, president, taking his seat, and the election of J. A. T. Hall, secretary. In the house, John H. Gear was elected speaker on the one hundred and thirty-second ballot (January 23), and Jas. M. Weart, chief clerk.
On the 24th Gov. Carpenter sent to the general assembly his biennial message, which was lengthy and replete with informa- tion concerning the affairs of the' state, and freighted with many valuable suggestions concerning the future.
On the 24th of January, a joint convention of the two houses was called for the purpose of inaugurating the governor and lieutenant governor elect, Lieut. Gov. Bullis, presiding. After the canvass the president announced the following as the result of the canvass : For governor, the whole number of votes cast was 188,759, of which C. C. Carpenter received 106,122 ; Jacob G. Vale, 80,557 ; scattering, 2,080. For lieutenant governor, whole number of votes cast was 185,734, of which Joseph Dysart received 104,973 ; C. E. Whiting, 75,363 ; scattering, 5,398, and declared C. C. Carpenter elected governor and Jos. Dysart, lieu- lenant governor of the state of Iowa for the term of two years from the second Monday in January, 1874, and until .their successors are elected and qualified. The oath of office was administered to the governor and lieutenant governor elect on the day following. Gov. Carpenter delivered his inaugural address, after which the joint convention dissolved.
The following are the titles to some of the most important of the public and private laws enacted at this session of the general assembly : To provide for the permanent survey of lands; for the support of the state reform school ; to provide for the appointment of fish commissioners; to provide for the organization and man- agement of savings banks ; to establish maximum rates of charges for the transportation of freight on the different railroads of the state ; for the relief of sufferers in the northwest; to provide for leasing the convict labor of the Iowa penitentiary ; making addi- tional appropriations for the hospital for the insane at Independ- ence ($93,000), for the deaf and dumb institution ($15,000), for the aid and maintenance of the state university ($40,000), for com-
368
TUTTLE'S HISTORY OF IOWA.
pleting the north wing of the college for the blind ($45,000), for improvements at the state reform school ($25,000), for work on the erection of the new capitol building ($125,000), for a physical laboratory for the agricultural farm ($25,000), for the hospital of the insane at Mt. Pleasant about ($10,000), for the soldiers' or- phans' home ($8,200); to apportion the state into senate and assembly districts ; besides passing 21 joint resolutions and me- morials. The general assembly adjourned sine die, March 19, 1874.
CHAPTER XLII.
GOV. CARPENTER'S ADMINISTRATION.
Railroad Legislation - Election of 1874 - Litigation - Election of 1875.
IN REFERENCE to the law to "establish maximum rates of charges for the transportation of freights on the different railroads of the state," the general superintendent of the Chicago and Rock Island road wrote to the governor in the spring of 1875, in which, after stating the case of the road as against the new rules, he promises to test the operation of the new law, in actual practice, before assailing it in the courts. " If," he says, "the result of a thorough and satisfactory experiment should show that an observ- ance of the rules must involve a permanent surrender of the rev- enues to which the company is entitled from the operation of its lines, a different policy will be adopted, with a view of securing such revenue, and any attempt to enforce the act as a valid law, will be resisted in the proper tribunals." In a case under this law, decided by the United States district court, the Chicago, Burlington & Quincy Railroad Company asked for an injunction to restrain the attorney general of Iowa from prosecuting certain suits brought by him against the company, under the provisions of this act; first, because the act is in conflict with the constitu- tion of the United States, in that it impairs the obligation of con- tracts, and is a regulation of inter state commerce ; second, be- cause it is repugnant to the constitution of the state of Iowa, in that it does not affect all railroads alike, and is therefore not of uniform operation ; and third, that it conflicts with the bill of rights. In the opinion of the court (Dillon, J.), railway corpora- . tions chartered by the state, with the express or even implied power " to make contracts," have the power to demand and receive com- pensation for their services ; but this is far short of conferring
(369)
24
370
TUTTLE'S HISTORY OF IOWA.
upon them an exclusive power in this respect, and one beyond future legislative control ; a railroad, in its public character, is an improved highway ; its life is due to the exercise of state and na tional prerogative of eminent domain and taxation ; and its public character is not divested by the fact that its ownership is private."
The court was content with holding that the legislature of Iowa has not "expressly conferred" upon any railway corporation there- in, exclusive powers to fix their own charges; that such power cannot be arrived at by implication, and that whatever powers are conferred in this respect are subject to an implied condition that they shall not be exercised oppressively or unreasonably ; that they are at the same time subject to the future exercise of public regulations of the state, or of any other power possessed by the state in its nature legislative, which includes the power to regulate consistently with the charter, the franchises granted, and to pre- scribe and limit the amount of charges which it shall be lawful for the railroad to take for transportation. As to the question of inter state commerce, the court held, that the state could only have legislative control over the road within its own borders, and recognizing the fact that our railroad system is made up of parts supplied by several states, the court expressed a doubt whether a power in a state thus limited to its own local borders and inter- ests, could be beneficial in its exercise, and remarked that it was a " legislative problem and not a judicial question."
Presiding Justice Miller took no part in this decision, from the fact that all these questions would soon come before him in the United States supreme court, and he desired them to come there without any expression of opinion by him. " Another case is be- fore the court, and probably will be decided the present year (1875), involving the question whether a company can be eom- pelled to operate its road under the rates established by the above act, when it would thereby not be able to earn expenses; in other words, Can a railroad be compelled to do service without compen- sation ? "
The election of this year (1874) was for the following officers : secretary of state, state auditor, treasurer, register of the land of- fice, attorney general, clerk and reporter of the supreme court.
The republican convention put in nomination the following
CROSSCUP & WEST-SCPHILA.
g. R. Standley MED.
372
TUTTLE'S HISTORY OF IOWA.
ticket : for secretary of state, Josiah T. Young; auditor, Buren R. Sherman; treasurer, William Christy ; register of the land of- fice, David Secor ; attorney general, M. E. Cutts; clerk of the su- preme court, Edward J. Holmes ; reporter of supreme court, John S. Runnells.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.