USA > Iowa > Black Hawk County > History of Black Hawk County, Iowa, and its people, Volume I > Part 8
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There are no records in existence at the present time which prove that elections were held at the places and times designated, except that on the 3d of May. 1852, Judge Roszell ordered the payment of the judges in election aforesaid, from which fact it is to be supposed that the elections were held in due time.
Cedar Precinct was divided October 2, 1852, by order of the County Court of Buchanan County. The part lying west of Cedar River was made to form one precinct called Cedar Precinct, and the portion lying east of Cedar River was called Prairie Precinct. The court ordered that an election be held on Novem- ber 2d at the house of John Durham, for the purpose of voting for presidential electors. Prairie Precinct was ordered to extend one mile north of the correction line and to be bounded on the north by the section line running parallel with the correction line. at a distance of one mile from this correction line in a north- erly direction.
As in the previous elections there are no records existing of this one. It is said, however, that the first election was held at the house of Benjamin Winsett and that James H. Hampton was elected clerk; Nathan Poynter, justice of the peace, and T. Van Eaton, constable.
In Prairie Precinct, according to the old records, the following residents ap- pear: Benjamin Winsett. John Clark, Felix G. Walker, T. B. Van Eaton, Wilson Sawyer, Edmund Sawyer, Thomas Poyner & Company, John Perry, Joseph Perry, William Pennell, Mispah S. Oxley, George McConnell, Charles McCaff- rey, Michael Lanning, Stephen Howell. John Helton, Steven Helton, J. H. Hamp- ton, Daniel Walker, Henry Gray. D. G. Ellis, Jacob Bunting, Barney Bouck, George Arthur, Elizabeth Crumrine, George Clark, Henry Clark.
On June 26. 1852, the County Court of Buchanan County levied a tax on the taxable property of Buchanan County, and counties attached, as Black Hawk, Bremer, Butler and Grundy. The tax was 11/2 mills on the dollar for state purposes. 4 mills for county, one-half mill for schools and i mill for roads. On March 16, 1853. Charles Mullan was appointed justice of the peace in and for the County of Black Hawk; to succeed George W. Hanna, the court ap- pointed George W. Christie to serve until August, 1853.
By an act approved January 22, 1853, the counties of Dubuque, Delaware, Clayton, Allamakee, Winneshick, Fayette, Buchanan, Black Hawk, Bremer, Chickasaw and Howard were constituted the Second Judicial Circuit.
By an act approved January 22, 1853, E. D. Adams of Black Hawk, Daniel Preeley of Buchanan, and H. D. Wood of Delaware, were appointed to locate a state road from Cedar Falls, via Greeley Settlement, and Richardson's Grove,
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HISTORY OF BLACK HAWK COUNTY
in Buchanan, Turner's Mill, Ead's Grove, and Dickson Settlement to Buena Vista, in Clayton County.
E. A. Bunn of Black Hawk, John Blunt of Chickasaw, and W. C. Stanberry of Benton were appointed to locate a state road from Fremont (Vinton), Benton County, to Waterloo; thence to John H. Messenger's in Bremer County ; thence to Bradford, in Chickasaw County.
James Newell, Jesse Morgan and William Payne were appointed to locate a state road from Cedar Falls through Beaver and Gohen groves, in Butler County, through Babas Grove, in Floyd County, thence to Clear Lake.
By joint resolution, January 22, 1853, the Legislature asked for a mail route from the county seat of Black Hawk County to Fort Dodge; for an extra line from Dubuque to Cedar Falls in Black Hawk County, by a four-horse coach three times a week.
By the appointment of 1853 the counties of Fayette, Chickasaw, Butler, Bremer, Black Hawk, Grundy, Franklin, Cerro Gordo, Floyd, Howard, Mitchell and Worth were constituted the Third Congressional District, entitled to one representative.
LOCATION OF COUNTY SEAT
Section I of an act to locate the seat of justice in Black Hawk County, ap- proved January 22, 1853, provided, "That A. J. Lowe, of Delaware County, S. S. McClure and Edward Brewer, of the County of Buchanan, be and they are hereby appointed commissioners to locate and establish the seat of justice of Black Hawk County. Said commissioners, or any two of them, shall meet at the house of E. D. Adams, in Black Hawk County, on the first Monday of May next, or within two months thereafter, as a majority of them may agree, in pursuance of their duties." By the same act the counties of Bremer, Grundy and Butler were attached to Black Hawk for judicial, election and revenue purposes.
On June 9, 1853, the commissioners met at the home of E. D. Adams, in Cedar Falls, and performed their duties. The following report appears of record on the minute book of the county judge of Buchanan County :
A Record of Commissioners' Proceedings, Locating the County Seat of Black Hawk
A. J. Lowe. S. S. McClure, Edward Brewer, commissioners, sworn on the 6th day of June, 1853, before O. H. P. Roszell, county judge of Buchanan. We, the undersigned commissioners, appointed by an act of the Legislature of the State of Iowa, approved January 22, 1853, to locate and establish the county seat of Black Hawk County, would respectfully report that, after complying with the requisi- tions of the law in relation thereto, we met at the place specified, and within the time required by the said act, and proceeded to examine said county, and on mature deliberation, after said examination, have selected certain lots, hereinafter designated, in the Village of Cedar Falls, in said County of Black Hawk, which said lots are now deeded by the proprietors of said village to the county and are described as follows: Lots 2 and 3, in block 4; lots 1, 2, 3 and 4, in block 15; lots 6 and 7, in block 11 ; lots 6 and 7, in block 12; lots 6 and 7, in block 13; lots
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HISTORY OF BLACK HAWK COUNTY
6 and 7, in block 23 : lots 6 and 7, in block 24; lots 2 and 7, in block 33; lots 3, 6 and 7, in block 34 ; lots 3 and 6, in block 35; lots 3 and 7, in block 32; lots 2 and 3, in block 35 : lots 2 and 3. in block 22 ; lots 2 and 3. in block 36; lots 6 and 7, in block 37 : lots 6 and 7, in block 38; lots 3 and 6, in block 30; lots 3 and 6, in block 29; lots 3 and 6, in block 28; lots 3 and 6, in block 27; lots 3 and 6, in block 31; lots 2 and 7, in block 26 : lots 2 and 7, in block 19; lot 2, in block 14, in the Village of Cedar Falls, in Black Hawk County, Iowa ; also lots 1, 2 and io, in block 4; and lots 3. 4 and 5, in block 3, in Dean and Garrison's Addition to the said Village of Cedar Falls, in Black Hawk County, lowa, and designated the said lots col- lectively by the name of Cedar Falls, county seat of Black Hawk County.
(Signed) A. J. LOWE, S. S. MCCLURE, EDWARD BREWER, Commissioners.
ORGANIZATION OF COUNTY
Cedar Falls having been named the county seat, the attention of the people was turned to definite organization. On the records of Buchanan County, dated January 30, 1853, appears a note setting forth the information that a petition was circulated for an organizing election very soon after the location of the county seat. A majority of the legal voters of the county signed this petition "calling for an election in said county, for the election of county officers, it is thereupon or- dered that an election be held in said county on the first Monday in August next, for the election of county officers in and for said county to wit: A county judge, sheriff, clerk of District Court, recorder and county surveyor, for the term of two years from that date, as the law provides; also a prosecuting attorney for the term of one year ; and a school fund commissioner, and a drainage commis- sioner, to hold their respective offices until the first Monday in April, 1853 (4?)."
The election was duly held according to good authority, although the poll books and tally sheets have disappeared. At this first election, held on the first Monday in August, 1853, the following officers were elected: county judge, Jonathan R. Pratt ; treasurer, recorder, Aaron Dow; clerk of the District Court, John . H. Brooks ; prosecuting attorney, William L. Christie ; sheriff, John Virden ; school fund commissioner, H. H. Fowler; drainage commissioner, Norman Jackson ; coroner, Edmund Butterfield ; county surveyor, Charles Mullan. As there was no one in this county qualified to administer the oath of office to the new incum- bents, on August 9th, O. H. P. Roszell, county judge of Buchanan, administered the oath at Independence.
The first recorded act of the first County Court of Black Hawk County was the administering of the oath of office to the other county officers-elect, on August 17th, on which day all of their official bonds were filed and approved, and they entered upon the discharge of their official duties. Thus, on this date, Black Hawk County became completely organized, with a government of its own.
About the first act of any importance by the County Court was that of setting off Butler County as a voting precinct. at that time attached to Black Hawk County. At the August session the County Court fixed the rate of taxation for the new county as follows : 6 mills on the dollar for county purposes, including
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HISTORY OF BLACK HAWK COUNTY
the support of the poor, with a poll tax of 50 cents each on able-bodied men under fifty years of age; for the support of the schools one-half mill, for road purposes I mill, for state purposes 11/4 mills, making in all 834 mills on the dollar. The total amount of taxable property in the county at that time was $91,608.81. This did not include the town lots in Cedar Falls. The tax collected, not including $59.59 on Cedar Falls town lots, was $873.00.
The organization of the county into civil townships became an important part of the county judge's duties.
The first marriage license issued in the new county was to Henry Clark, twenty-three years of age, and Sarah J. Winsett, eighteen. In the procuring of the license, Mr. Clark experienced much difficulty. After fording the river and coming into Waterloo to see John H. Brooks, the clerk of the court, he was in- formed that the county judge was the proper man to see. Judge Pratt resided at Cedar City, but he was not at home. Brooks accompanied Clark to the judge's home and there found the trunk, containing the necessary papers, securely locked. Brooks used his knife and soon removed the lock, found the paper, which he made out and delivered to Clark on September 27, 1853. On the 29th the couple were married at Spring Creek, Rev. C. N. Moberly performing the ceremony. Four other marriage licenses were issued before the first of the year 1854.
COURTHOUSE
On December 10, 1855, the courthouse at Waterloo was ordered to be con- structed at Waterloo, the vote having been in favor of this town as the county seat. It was ordered to be erected on the east side of the river, on the public square. Judge Pratt, who located the courthouse on the public square, died in June, 1855, and John Randall, prosecuting attorney, became county judge pro tem. On March 3, 1856, he issued the following order :
Whereas, The said County of Black Hawk has no courthouse or other build- ing or room in which to transact the general business of the county, consequently having to rent all rooms now used for such purposes, and there being a surplus of funds on hand now in the treasury of said county not appropriated, and the county being in need of a courthouse ;
It is hereby ordered, That the surplus money now in the treasury of said county, or which hereafter may be collected in the said treasury for the year 1855, be appropriated for the erection of a courthouse in the Village of Water- loo, in said county. And that said county further incur the responsibility of an additional expense, which, in connection with the surplus money in the treasury, or which may be as aforesaid, will amount to $13,000. And, in case such surplus. as above, does not amount to the said $13,000, the balance above what said surplus may be shall be paid from the first surplus money in the treasury of the said county not otherwise required or appropriated. And until there be such a surplus in said county treasury, the bonds or warrants of said county be given to the amount of said deficiency.
And it is further ordered, That a contract or provision be made by said County of Black Hawk for the erection of such courthouse in the said Village of Water- loo, during the present year of 1856.
J. RANDALL, County Judge.
HISTORY OF BLACK HAWK COUNTY
A was made with dis M Takes on March 7. 1850. for the erection The building was located a book Dan Waterle in order of judge Randall Many changes were made an the argin. plans before the building was completed By the time the work was completed the contractor had received about twenty-seven thousand dollars for his veces. more than double the contract price. This price has seemed, to the valence, to buye bean dar tre much for the work The courthouse was com-
A caporal section was held on November S. aSOS. to decide upon the yragasiti vi issting county bonis for $-5.000 for the purpose of constructing . bco courthouse, and another issue of $15.opo for purchasing a nen site and Sideve for creating a new gail. The courthouse proposition was defeated by 200 855. De ste proposition was defeated In 5.757 to 855: and the jail record saferet defeat am to Nie This ended the matter for about two
On November 6. low, another general election was held. The question of Sooooo in bonds to be issued, bearing & per cent, and a fax in the county oi bs mills on the dollar in addition to the usual tax for each year bonds run. was carried by the popular vote of 322; to 2.400. The vote on issuing $25,000 in boris for buying real estate bounded by East Park Avenue, Water, Mulberry und Sixth was carried by sions to 2015 The question of issuing bonds to the
carmel Josa to BRUS Three years later additional ground was bought so that the carbone should have no buildings closely adjoining in. thus protecting it free fire The courthouse was constructed according to plans and dedicated in atoms of the year 1902. The jail and sheriff's residence were completed
THE COUNTY SPAT FIGHT
It has been related bow. on June q. vess. Cedar Falls was chosen as the county scut BE Back Hawk County. The commissioners' action was determined My the fact that Cedar Falls was the largest town in the county at that time. Mums beon the arst settled Also they took in view the fact that it was then the Glims business center Dat. they neglectel to consider the remoteness of the top from berlin parts wi the county. They based their action on the con- the boygle bying in the vicinity and ant in the county as a whole.
The Town of Waterloo Mon rang into prominence and gave promise of if not more so, than its rival. Cedar Falls. The situa- matairally became a terse ume and sinfe inevitable. The first report of the two conypurities is bre in the nature of rumor than it is related that an attempt of some kind was maife in #834 to de: the exact facts are not known. According to the -her of Waterlo dices journey to Cedar Falls and a spirited The lowa State Reporter under date of May 26. 1875, says : Suesetting stronger than Godar River water was used and after steam was up be Gazely of that comm procared some eggs and opened fire upon the invaders E. Hardy sportel'e plug In: that afforded a prominent mark for the egg mien.
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OLD COURTHOUSE, WATERLOO Erected in 1856-7. Demolished in 1907.
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HISTORY OF BLACK HAWK COUNTY
and the hat was badly damaged, and the Waterloo force was driven from the field." The attacking party, however, did not become discouraged and the Gen- eral Assembly was persuaded to pass an act "authorizing the qualified electors of the county to vote on the removal of the county seat of Black Hawk County." This was approved January 19, 1855. The act specified the manner in which the election was to be held. Cedar Falls and Waterloo were named as parties to the contest and the one having the greater number of votes should be the county seat.
Every effort was made by the citizens of Cedar Falls to insure Waterloo's defeat in the approaching election. Moses W. Chapman presented a petition to the County Court asking that a town plat called Florence City, located in the southern part of the county, be approved and recorded; but the proof not being sufficient, the petition was not granted. On the same day a petition was pre- sented by H. H. Meredith and others asking that the removal of the county seat to Florence City might be submitted to the people at the April election. The court ruled against the petitioners. The position of Waterloo in the center of the county was a great advantage, also the town was growing faster than Cedar Falls.
The election was held according to plan on April 2, 1855. There were 388 votes cast in the Town of Waterloo and 260 in Cedar Falls, a majority of 128 votes for the removal of the county seat. On April IIth the County Court entered of record the following :
Whereas, The election on the removal of the county seat of Black Hawk County, held April 2, 1855, resulted in a majority of 128 for Waterloo over Cedar Falls ;
Ordered, By the court that proclamation be this day made that on the 4th day of July, A. D. 1855, the county seat of Black Hawk County shall cease at Cedar Falls, and that the several county offices required to be kept at the county seat shall thereafter be held at Waterloo.
The size of the vote in Waterloo was a surprise to the citizens of Cedar Falls and charges of fraud were occasionally heard. It was claimed that men from Benton County were brought in to vote the Waterloo ticket. Consequently the election did not finish the struggle. In fact, Cedar Falls had "just begun to fight."
On June 2Ist the defeated ones applied to William G. Woodward, one of the judges of the Supreme Court, and obtained a writ of injunction restricting the removal, which was served early on July 4th. On the 16th an appropriation of $50 was made by the County Court to aid in paying the expenses of efforts to have the injunction dissolved, the order giving as a reason "that the injunction was obtained in violation of the law, and was injurious to the interests of the county." Judge Woodward soon after dissolved the injunction and orders were issued for the removal complete of everything pertaining to the official business of the county, which was done on July 27, 1855. The county officers established themselves in the second story of Hubbard's brick store on Commercial Street, between Fifth and Sixth.
The general election of 1855 was the cause of as much excitement and feeling as the fight for the county seat. In this election Acting Judge Randall was the candidate for county judge. There was a strong feeling between the Waterloo people on the east and west sides of the river. The citizens of the west side
1
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HISTORY OF BLACK HAWK COUNTY
desired the courthouse to be over there and Judge Randall, in order to further his political standing, rescinded the order of his predecessor locating the county seat on the east side and agreed that, if elected, he should submit the question for the vote of the people. Randall was elected and accordingly a special election was held on December 10. 1855. There were 731 ballots cast. 467 for the cast side and 264 for the west side. In this election the votes of Cedar Falls were cast almost unanimously for the east side.
FIRST TOWNSHIP SUPERVISORS
By an act of the General Assembly, approved March 26, 1860, the county judge was deprived of a great amount of his power. His word had hitherto been practically law in Black Hawk County. This act which was passed provided for a board of supervisors, consisting of one member from each township, these mem- bers to be elected in the month of October and to assume charge of the county affairs on the following January.
The first board of this kind elected in Black Hawk met at the office of the clerk of the District Court on January 7. 1861. The board then was composed of the following men: M. H. Moore. Waterloo Township: C. F. Jaquith. Cedar Falls : M. Bailey, East Waterloo: Jesse Wasson, Big Creek: J. B. Orr. Spring Creek : Levi Washburn, Poyner : S. B. Babcock, Orange : F. S. Tewksbury, Black Hawk: D. W. Jordan, Washington : Harlan P. Homer. Bennington : Oscar Dun- ton, Barclay: D. E. Champlin, Fox: James Hempseed. Lester : John Hackett. Union : G. Gardiner, Eagle : J. H. Mead. Cedar. and Jefferson Jaquith, Mount Vernon. M. Bailey was the chairman of the board.
THEIR FIRST LEGISLATION
About the first matter of public importance which the board considered was the petition signed by C. D. Gray and others asking for the erection of a county jail. This demand was not caused by the great number of criminals in the county. for there were very few, but by the expense of sending those who were arrested to neighboring counties for safe-keeping. The board acted favorably on the peti- tion on January 10. 1861, and the sum of $400 in the report changed to $600. The jail was located in the basement of the courthouse, in apartments built originally for that purpose. On September 2 the committee reported to the board that they had fixed up two cells for the prisoners and an outer room, at a total cost of $391.18.
TOWNSHIP CHANGES
On January 9, 1862, all that portion of Congressional Township 87, range 11. lying south of the Cedar River, then a portion of Spring Creek Township, was attached to Big Creek Township; and all that portion of township 87. range 12. lying on the east side of Cedar River, then a portion of Poyner Township, was attached to Spring Creek Township, but in June the latter action was revoked and the land given back to Poyner. On January 9, 1867, the board, on petition of citizens, ordered that that portion of East Waterloo Township known as Cedar City be annexed to Cedar Falls Township.
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HISTORY OF BLACK HAWK COUNTY
COUNTY POOR AND OTHER ACTS
Up until this time no adequate measures had been taken by the County of Black Hawk to provide means of keeping the poor and destitute. With the increase in population there were bound to be many who demanded assistance from the public. Hence, the question of a county poor farm soon became a live topic, but the board hesitated to act definitely upon the matter until they had the sanction of the people. Accordingly on June 8. 1865, a resolution was adopted, instructing the clerk of the board to give legal notice to the voters of Black Hawk County that, at the next general election, in October, a proposition would be submitted authoriz- ing the board of supervisors to appropriate from the funds of Black Hawk County a sum not to exceed $10,000, for the purpose of purchasing real estate and im- proving it, to be used for the benefit and purpose of supporting the paupers of Black Hawk County. This election was held and resulted in favor of the propo- sition by a vote of 1, 125 to 273.
A committee was selected, to be paid $2.50 per day, to select lands not to exceed two hundred acres ; the clerk was instructed to issue county warrants bear- ing ten per cent interest, not to exceed $10,000. The committee was further ordered to select a suitable superintendent. The committee reported on June 5, 1866, that it had examined a number of farms and that it had selected and pur- chased the farm owned by Mr. Russell, on the west side of Cedar River, con- taining 120 acres, at $30 per acre. Russell issued a warranty deed for the land and the committee requested the clerk to issue bonds therefor, but it was found that the board had no legal authority to issue bonds, and Mr. Russell refused to accept the warrants provided for by the resolution of January 4. The purchase of this farm was then abandoned. On September 5 another committee, com- posed of William Gilchrist, D. E. Champlin and C. May, was appointed to pur- chase a lot not to exceed twenty acres. This committee bought the private resi- dence of Mr. Gilchrist, block 21, Waterloo East, lots 1, 2, 3 and 4, for $3,500. A year later, January 8, 1868, the directors of the poorhouse, Samuel D. Shaw and W. F. Bunn, reported that an addition had been constructed at a cost of $1.320.68.
On January 1I, 1867, the county officers authorized the county treasurer to pay a bounty of 10 cents for each pocket-gopher scalp presented. These small animals had become very harmful to the crops. For several years over one thousand dollars annually was paid out for gopher scalps. On June 10, 1875, the board of supervisors authorized the payment of 10 cents for each gray and 5 cents for each striped gopher presented during a term of sixty days.
On June 12, 1868, the committee on county buildings and property reported the recommendation for a house for the sheriff, near the jail, the cost not to exceed one thousand dollars. At the next session this report was taken up and adopted. The site for the proposed residence was designated as the northeast corner of the courthouse lot. The home was completed by December, 1868.
BOARD OF COUNTY SUPERVISORS
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