Biographical and historical memoirs of Story County, Iowa, Part 18

Author:
Publication date: 1890
Publisher: Chicago : Goodspeed
Number of Pages: 484

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During the fall of 1854 George Childs built a residence. The house still stands on the southeast corner of Block 10. The sheeting is of black walnut, and was brought from a mill on Four-Mile, in Polk County. The flooring was from the first log sawed at Josiah Chandler's mill at Cambridge. George Childs and S. S. Webb built the first frame building, which they used for a general store. It stood just north of the present court-house. The lumber was partly obtained at Webb's mill, near Iowa Center, and partly from the mill on Four-Mile. A stranger employed Mr. Alderman to erect a house for business pur- poses just east of the Webb & Child's build- ing, near the entrance to the post-office. It was in this building, not finished, nor with even the spaces between the logs chinked up, the second term of the district court for Story County was held ( August 14, 1854). McFar- land was judge. The houses of Alderman and McLain were the only ones occupied by families. The jury retired for consultation to the open prairie.

During the late summer and fall of 1854 the families of T. J. Adamson and Isaac Romane

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HISTORY OF IOWA.

came in. The former built on the northeast corner of Block 40, and the latter on the southwest corner of Block 14. Dr. V. V. Adamson had arrived on the 1st of May, and found shelter with Mr. Alderman. About this time a tailor named Robert Hockley built near the southwest corner of Block 39. T. J. Adamson built the second frame building, which stood on the southeast corner of Block 31, facing the park; and J. C. Harris pur- chased and removed the temporary court-house before mentioned to the northeast corner of Block 39. It was afterward a part of the hotel kept by Israel Helphrey. These, in substance, comprised the buildings erected during the year ending with December, 1854.

In the early times, without any attempt to give exact dates, there were numerous addi- tions to the residents and residences of Nevada. A. P. Fitch built a cabin near the west end of

Lot 1 in Block 42. J. W. Cessna lived in a house which stood on the northwest corner of Block 16. Dr. Kellogg, with his brother, George A. Kellogg, afterward county judge, lived in what was long known as " the old Barndollar honse," on Block 4. Isaac Walker, J. C. Lovell, William Bennett and some others were bachelor boarders at McLain's Hotel, and E. G. Day, Wilson Dailey, Mr. Compton, S. S. Webb, Smith Goodin, Russell McLain, Thomas Larcom, Austin Prouty, Israel Helphrey, George W. Helphrey, Charles Smith, Ellis Armstrong, James N. Moore, Abner Lewis, John J. Bell, James Hawthorn, Thomas West- lake, David Childs and his sons, Jonathan Statler and his son, S. S., James D. Ferner, and numerous others made homes for them- selves in the several parts of the growing town, as mostly shown by the records of deeds to village lots.

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CHAPTER XIII.

PUBLIC ADMINISTRATION-FORMS OF GOVERNMENT-COUNTY ORGANIZATION-EARLY LAWS-IMPORTANT TRANSAC TIONS-ELECTIONS-TOWNSHIP FORMATION-ROSTER OF OFFICIALS OF PUBLIC SERVICE-COUNTY PROPERTY AND RESOURCES-BURNING OF THE COURT-HOUSE-PRESENT BUILDING- BRIDGES AND HIGHWAYS-NATURAL WEALTH CONSIDERED- AGRICULTURAL COLLEGE BONDS.

Laws do not put the least restraint Upon our freedom, but maintain 't; Or if they do, 'tis for our good, To give us freer latitude. - Butler.

T has been justly said that that government is best which is best admin- istered. Viewed in this light it were hard to tell which of the various forms of administration in Story County has been most sat- isfactory. When the county was first organized the statute vested the leading executive and adminis- trative duties and powers in the office of county judge. This was a very simple form of government, and when well administered was the best possible. In the hands of a wise, practical and honest judge, the counties were uniformly prosperous, but under other circumstances, with a dishonest or foolish ad- ministration it could not well be worse. The responsibility was clearly established, and most of the county judges did the best they knew. This system had control of county affairs until

1860. It was a popular system in the newer States.

In 1860, however, in the northern part of the State, under the influence of a New Eng- land sentiment for division of responsibility and power, and pressure for popular represen- tation, a county board comprising one repre- sentative from each township was established. This body was called the board of supervisors. The clerk of the district court was ex-officio clerk of this board. This system obtained for ten years. The office of county judge still continued, but its most important business was of a probate character, relating to settlement of estates of decedents.

In 1870 another change was made. The county board was reduced to three members, all of whom were to be elected from the coun- ty at large. The office of county auditor was established, and he was made clerk of the board of supervisors. His records are a com- plete exhibit of all business of a public nature done by the board, including that relating to

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HISTORY OF IOWA.

highways, bridges, support of paupers, collec- tion of revenues and public expenditures. They are supposed to be a complete check up- on the books of the treasurer. This system continues, and appears to give general satis- faction.

As the early settlers came from many of the older States, as well as from foreign countries, each one brought his own traditions and ex- periences, and was inclined with more or less tenacity to hold to them, and engraft them on the institutions of the new country. Neverthe- less, they found some environments here that were new to most of them, and which required their early attention. One of the most im- portant of these related to the rights of those who occupied the public lands. On this sub- ject there were no statutes, but if each were a law unto himself, violence would follow, and might would soon take the place of right. Therefore, by common consent, among individ- uals, as among nations, the right of discovery and occupation was formulated and observed. Being without law in its inception, it was al- most without legal enforcement; but this did not invalidate nor endanger the right among the sturdy pioneers. Their sense of justice was keen, and there were strong and willing arms to aid the weaker party in time of need. Cer- tain rude forms of organization were observed. In the absence of authority for the election of regular officers, the settlers met by agreement and appointed committees, investing these informally with the powers which the imposed duties required. In this manner the peace of the community was conserved, and order, in the absence of law, prevailed. There was no sense of insecurity in this. Every man felt, in- stinctively, the necessity of yielding what was for the good of all, and did so without mur- muring.

This first government may be said to have

been under the higher law, the moral law, the sense that distinguishes between right and wrong. And though organization under law is a necessity of civilization, it is doubtful if jus- tice and right ever more thoroughly prevail over injustice and wrong than when these are left to the decision of the pioneers in an agri- culture district. Thus the first organization under the statute was not so essential, because the civil rights of the citizens were insecure, as for the purpose of concert of action in provid- ing for the wants of the community as a whole. The trail of the elk and deer might answer the purposes of the hunter, but the farmer's wagon and the traveler's carriage called for highways and bridges. When, therefore, immigration began in earnest, measures were taken by the people to secure the protection of the body politic under legal provisions.

In the early history of the State, the organ- ization of each county was done by special act of the General Assembly. From and after 1837 the territory known now as Story County was a portion of the county of Benton; but by an act of the General Assembly, approved Jan- uary 13, 1846, the boundaries of Story County were defined and the county was named. It was attached to Polk County for election, reve- nue and judicial purposes. As the Territory was then wholly unoccupied by white men, and remained substantially in that condition for several years, the only appreciable effect of this action was to give it a name.

As shown in a former chapter, this Territory began to be occupied in 1849 and 1850. With- in two or three years the settlement had spread not only into Story County, but also into a large number of other counties that had re- ceived names in advance of occupation, and when Chapter XII of the acts of the Fourth General Assembly was passed, becoming a law January 22, 1853, providing a general law for

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organizing counties, the people within the lim- its of Story County were ready for action. At the same time the county was attached to Boone for election, revenue and judicial purposes, but before anything had been done other than caus- ing enumeration of inhabitants, and assessment of property, measures were taken by the citi- zens for county organization under the recently enacted law. The essential preliminary was tlie selection of the necessary officers, and after due notice was given, the electors as- sembled at their respective voting places for this purpose, on the fourth day of April, 1853. The people had ranged themselves in the two natural divisions, separated by the prairie east of Skunk River. The settlement east of the center of the county took the name of its prin- pal stream, East Indian. That on the west was generally called the Skunk River settlement, or precinct, or neighborhood, but in some way, also, it came to be called after the county name, Story. This name probably was applied by the people of Boone, to which the whole county had been attached for certain purposes. This uncertainty in title has resulted in giving through the census records, priority of name to the township of Indian Creek. The fact is well established that the election, and township or voting organization, was of the same date in both neighborhoods.

The voters in the Story, or Skunk River, precinct, on the day named, met at the house of Evan C. Evans, near the northeast corner of Section 24, in what is now Franklin Town- ship. Those in the Indian Creek precinct met on the same day at Hog Skin Point, afterward known as the Barnet Broughard place. This was about eight miles south and eleven miles east of the Evans place. The votes seem to to have been cast on purely local considera- tions. E. C. Evans had at his own home thirty- seven votes for the office of county judge. This

was the full vote of the precinct. At the other precinct twenty-six votes were cast by his neighbors for Adolphus Prouty for the same office. From this date, or at least from the subsequent canvass and declaration of the re- sult, plain Mr. Evans may be properly desig- nated by his judicial title.

By substantially the same vote Franklin Thompson was elected clerk of the courts over E. H. Billings; Eli Deal defeated I. N. Alder- man for sheriff, though the records indicate that the latter had one vote more than was cast for any one else at his precinct. Jolin Zenor had no opposition for the office of recorder and treasurer, and had the total vote of both pre- cincts. Otho French was elected surveyor; Shadrack Worrell, coroner, and John Keigley, school fund commissioner. When these votes had been canvassed by Samuel B. McCall, county judge of Boone County, assisted by the justices of the peace from their respective town- ships, Adolphus Prouty and James Corbin, and the result recorded and officially declared, the organization of the county of Story was com- plete.

At this period the State statutes required that certain county officers should be chosen at the general election in August. It was there- fore necessary to hold another election in the same year, and in August John J. Zenor was elected sheriff; Otho French, surveyor; R. H. Robinson, coroner; Adolphus Prouty, drain- age commissioner, and Stephen P. O'Brien, school fund commissioner. There must have been less interest in this election than in that four months earlier, as the vote was less, while the population must have been greater.

From the necessities of the case there were two voting precincts at the election in April, 1853, as already stated. The county officers then elected were honest men and good citizens, though they had not been men of public af-

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HISTORY OF IOWA.

fairs. It is not a matter for surprise, there- fore, to note that the records of the early coun- ty business should be somewhat informal, and that omissions of substance should occur. There is no record of the formation of the two precincts, Indian and Story (or Skunk River). But within the year the county was formally divided into five townships, as follows: First, Indian Creek, which then comprised also the territory of what is now Collins Township; second, Washington, which covered also the west half of Grant, and the present townships of Union and Palestine; third, Franklin, to which the west half of Milford then belonged; fourth, Lafayette, in which was the west half of Howard; fifth, Nevada, which included all the remainder of the county, or seven and a half Congressional townships.

In 1855 Union Township was organized, and included the present area of Palestine. In 1857 the east half of Indian Creek was set off as the township of Collins. In 1858 Palestine, Milford and Howard were established; also New Albany, which then included nine sec- tions from the east side of Nevada Township. In 1866 Lincoln was organized; and in 1867 Grant and Sherman were set up with their present boundaries. Warren and Richland were not organized until 1872; and at the same time the boundaries of all the sixteen town- ships were made to conform to the boundaries of the Congressional townships.

It is among the traditions that in 1853 W. W. Utterback, Nathan Webb and J. P. Robin- son were the township trustees of Indian Town- ship, and in the new organization and division are responsible for the appropriate names of Indian Creek and Nevada, as township names.

Thus it is seen that by the election of April 4, 1853, the result of which was declared by a regular canvass of the votes five days later, and by the election of August following, the

county was provided with a full corps of ad- ministrative and executive officers. But as there was then no central seat of county government, there could be no concert of action, nor even consultation on public affairs. " The judge lived in a cabin on the east side of and contiguous to Skunk River, in what is now Franklin Township, very close to the Milford Township line. The other officers lived in the settlements on Squaw Creek, near to the west line of the county. There were no books of record. Memoranda of necessary business transacted were made on loose papers by the county judge, and carried on his person, filed away in convenient crevices in the cabin; desks and cases with pigeon holes duly labeled had probably rarely been seen by any of the honest men who were now entrusted with public affairs. The new judge, with much labor and exposure, traversed his jurisdiction on horseback and on foot, and made various visits to the land office at Des Moines, and no doubt some to the State capital, at Iowa City, in the public interest. He probably reimbursed himself for expenses out of the receipts for town lots in the new county seat, but for his labor and exposure, it is fair to presume that he had little compen- sation.

The first real conveniences and safeguards obtained by the judge for the public use were the privileges accorded by T. E. Alderman in his noted establishment, the Nevada Pioneer Store, erected in the fall of 1853, facing north toward the southwest corner of the court-house square. Here the judge says he kept the records and papers in a box in which dry goods had been transported. It was probably as ac- cessible to others as to himself, and the books and stationery were such as he felt able to sup- ply from an incipient treasury. Those now in existence certainly do not comport with the present styles. But the judge soon built a

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cabin in Nevada for his family. It was on the southeast corner of Chestnut and Fourth Streets. To this he removed the county arch- ives. It was built of logs, "chinked and daubed," and afforded many convenient crev- ices for the safe keeping of records and mem- oranda. The office of county judge remained in this residence until a frame court-house was erected in 1856, on the northeast corner of the same block, at the southwest corner of Main and Fourth Streets.

John Zenor, who was elected recorder and treasurer, April 4, 1853, maintained his office at his residence on the southwest quarter of Section 18, in Franklin Township. His first official act appears to have been the placing on record of an exchange of lands by Frederic Echerd, of Story County, and E. H. French, of McLean County, Ill. This was done Au- gust 15, 1853. The second was recording the transfer of the site of the county seat by J. W. Morris and wife to the county judge, August 26, 1853. He also in the same month recorded the last will and testament of Zeno Pearson, of Story County. The witnesses to this document were George N. Kirkman and Robert Malott.

Reuben James Zenor appears as deputy re- corder, August 15, 1854. He paid taxes on lands, and probably lived in Section 31, of Franklin Township. He was succeeded by Thomas J. Adamson, December 12, 1854, who probably transacted the business of his office at his house or store in Nevada. James C. Moss was elected recorder and treasurer in August, 1855. His first official act was of September 1, 1855. He occupied as an office a small frame building which stood on the south side of First Street, facing the open square, now the park. The building was about 12x14 feet in size, and was no doubt the first one ever occupied in the county ex-

clusively for public uses. The offices of the clerk, sheriff, surveyor and minor positions, not being encumbered with records of the past, were readily kept wherever the per- son of the officer might be.

The first financial business of the county with the State treasurer is proven by the re- ceipt of that officer for the sum of $35.40, being the full amount of State taxes paid in for the two years ending October 31, 1854.

The administrative and executive officers of the county at the date of its organization were those of county judge, recorder and treasurer (held by the same person), clerk of the courts, sheriff, surveyor, coroner, county attorney and school fund commissioner. The county judge had powers and duties such as are now per- formed by the county auditor and the board of supervisors. He represented the interests of the county in nearly all matters, and kept a record of his proceedings. The school fund commissioner had the power and duties in re- lation to school lands and school moneys that are now exercised by the county auditor. The duties of clerk, sheriff, coroner, surveyor and county attorney were similar to those of the same officers at this time.

The various offices have been filled as fol- lows:

County judges: Evan C. Evans, 1853-57; George A. Kellogg, 1858-59; Evan C. Evans, 1860-65; R. H. Mitchell, 1866-69. Office abolished and duties transferred.

Recorders and treasurers: John Zenor, 1853-54; Thomas J. Adamson, 1855; James C. Moss, 1856; William Lockridge, 1857-59; Thomas J. Ross, 1860-65. In 1864 the duties of this officer were separated, and thence- forth different persons performed them.

County treasurers: T. C. Davis, 1866-69; E. G. Day, 1870-71; S. S. Statler, 1874-75; Jay A. King, 1876-81; J. A. Mills, 1882-90.

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HISTORY OF IOWA.

County recorders: Evan C. Evans, 1865- 66; George F. Schoonover, 1867; Samuel Bates, 1868-74; O. K. Hill, 1875-80; H. H. Boyes, 1881-86; Joseph M. Ingram, 1887-90.

County clerks: Franklin Thompson, 1853; Austin Prouty, 1854-55; E. G. Day, 1856; William Thompson, 1857; S. S. Webb, 1858- 60; E. G. Day, 1861-64; D. P. Ballard, * 1865; J. A. Fitchpatrick, 1866-76; I. L. Smith, 1877-88; Henry Wilson, Jr., 1889-90.

Sheriffs: Eli Deal, 1853; John J. Zenor, 1854-56; George Childs, 1857-61; L. Q. Hog- gatt, 1862-65; H. F. Murphy, 1866-69; Alf. Goodin, 1870-71; H. F. Murphy, 1872-73; Charles Christian, 1874-75; J. F. Gillespie, 1876-79; A. K. Banks, 1880-88; Curtis A. Wood, 1889-90.

Coroners: Shadrack Worrell, 1853; R. H. Robinson, 1854; R. Hockley, 1855; J. W. Cessna, 1856-59; F. W. Rhoads, 1860-65; C. P. Robinson, 1866-67; F. W. Rhoads, 1868- 69; C. P. Robinson, 1870-76; J W. Boggess, 1877-81; J. I. Hostter, 1882-88; - Cham- berlain, 1889-90.

Surveyors: Otho French, 1853; Eli H. French, 1854; D. J. Norris, 1855-56; R. H. Mitchell, 1857-65; William G. Allen, 1866- 67; M. C. Allen, 1868-71; William G. Allen, 1872-73; R. H. Mitchell, 1874-90.

Prosecuting attorneys: Eli H. French, 1854-55; James S. Frazier, 1856-59 (office abolished, and restored in 1886) ; G. W. Dyer, 1887-90.

School fund commissioners: John H. Keigley, 1853; S. P. O'Brien, 1854-55; John J. Bell, 1856-58.

County superintendents of schools: George M. Maxwell, 1858; W. H. Grafton, 1859; I. H. Rees, 1860-61; Deville P. Ballard, 1862-63; W. M. White, 1864-65; J. G. Beck- ley, 1866-67; F. D. Thompson, 1868-69; John R. Hays, 1870-71; J. H. Franks, 1872-75; Charles H. Balliet, 1876-77; L. B. Baughman, 1878-81; Ole O. Roe, 1882-90.

County auditors: C. P. McCord, 1870-71; Jolin R. Hays, 1872-81; C. G. McCarthy, 1882-89; A. P. King, 1890.

The county administration was by statute passed in 1860 vested in a board of super- visors, consisting of one member from each township. This continued for ten years, when the board of sixteen members was changed to one of three members. Under the first system the board was a miniature Legislature, of which the townships were the districts. The members of that board from time to time were as follows: W. B. Wiltse, R. W. Ballard, A. G. Person, Joseph Seal, W. H. Richardson, Samuel Eaglebarger, Noah Harding, W. C. Carr, Franklin Thompson, William Arrasmith, A. P. Ball, T. C. Davis, John H. McLain, Cyrus Simmons, James M. Applegate, Milt Evans, Enoch Halley, Henry McCarthy, H. Boynton, C. P. McCord, H. Burham, Milo McCartney, W. B. Hopkins, R. M. Hunter, John Scott, John McCartney, Samuel Bates, Daniel Finch, B. R. Shenkle, J. P. Dewey, Jesse R. Wood, A. O. Hall, S. W. Adams, Richard Jones, H. H. Boyes, Daniel McCarthy, T. E. Alderman, James E. Jeffers, W. A. Wier, W. H. Fitch- patrich, J. H. B. Kerr, John Evanson, D. R. Brown, W. R. Woodward, John Jones, George Loucks, S. S. Statler, H. O. Higley, E. F. Far- rington, W. H. Terwillager, Frank Curtis, E.

* Though the name of D. P. Ballard is listed above for the year 1865, and the returns show that he was duly elected, it is proper to state that he never discharged the duties of the office. He was in the army at the time, and not able to assume the clerkship. E. G. Day held the office until September 5, 1864, on which date he tendered his resignation, to enter army service. This was accepted by the board of supervisors. and John M. Brainard was appointed to the place. Ballard failing to qualify, Brainard was re-appointed, and held the place until the election in October, 865, at which time Fitchpatrick was elected to fill the vacancy, and entered at once upon the duties. He also, as shown above, served five full terms thereafter.

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J. Peterson, W. J. Freed, John Rich, Joseph Cadwallader, J. C. Kinsell and B. R. Shenkle.

The county boards of three members (elected for three years) have comprised: W. R. Woodward, 1871-73; A. J. Graves, 1871; J. W. Maxwell, 1871-73; John Evanson, 1872-77; W. C. Carr, 1874; Walter Evans, 1874-76; S. I. Shearer, 1875-78; Ed. Elliott, 1777-79; D. A. Bigelow, 1878-80; A. M. Norris, 1879-81; Anfen Ersland, 1880-85; R. W. Ballard, 1881-86; Anthony Hale, 1882-86; J. Q. Burgess, 1884-86.

The following named members of the State Senate have been citizens of Story County: John Scott, 1860-61, 1885-86; E. B. Potter, 1862-63; George M. Maxwell, 1872-75; W. H. Gallup, 1876-79.

During 1868-69 John Scott was lieutenant- governor and president of the Senate.

Members of House of Representatives: J. L. Dana, 1858-59; T. C. McCall, 1862-63, 1882-85; George M. Maxwell, 1864-67; James Hawthorn, 1868-69; William K. Wood, 1870- 73; L. Q. Hoggatt, 1874-75; Milton Evans, 1876-77; Frank Curtis, 1878-79; W. D. Lucas, 1880-81; Oley Nelson, 1886-89; C. G. Mc- Carthy, 1890-91.

The office of district attorney was filled by John L. Stevens in 1879-86; and that of dis- trict judge in 1887-90.

The assessorship of real and personal prop- erty was made a county office in 1857. Isaac Romane held the office for a term of two years, when the duties again devolved upon a town- ship officer.

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Biographical and historical memoirs of Story County, Iowa, Part 18

Author: Publication date: 1890 Publisher: Chicago : Goodspeed Number of Pages: 484

Author:
Publication date: 1890
Publisher: Chicago : Goodspeed
Number of Pages: 484