USA > Iowa > Boone County > History of Boone County, Iowa, Volume I > Part 12
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Colfax Township was taken off the east side of Worth Township and named in honor of Schuyler Colfax, a prominent statesman of Indiana, and at that time vice president of the United States. Z. J. Vontrees, a member of the board, desired to name this new township
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HISTORY OF BOONE COUNTY
Croy, in honor of Samuel A. Croy, one of its first settlers, but that gentleman objected to this and proposed that it be named Colfax, to which the board consented.
Garden Township was taken off the east side of Douglas Town- ship, and was named Garden because of the fertility of its soil, the beauty of its surface and the high estimation placed upon it by those who made it their home.
Peoples Township was taken off the west side of Cass Township and the east side of Union Township and named in honor of David Peoples, the first permanent settler within its boundaries. Mr. Peoples was a very exemplary citizen and he was the only settler in the county after whom any permanent township of the county was named.
Beaver Township was taken off the west side of Marcy Township and took its name from Beaver Creek, which runs through it from north to south.
Amaqua Township was taken off the west side of Yell Township and Amaqua, the Indian name for Beaver, was given to it. Beaver Creek runs also through this township.
Grant Township was taken off the west side of Pilot Mound Township. It was named in honor of Gen. Ulysses S. Grant, who at the time was President of the United States.
This action of the board in 1871 completed and made permanent the present seventeen townships of the County of Boone, thus com- pleting its township organization. The population of the county at this time was 14,581.
CHAPTER VIII GOVERNMENTAL
THE COMMISSIONERS' COURT
The first governing body established to control the affairs of counties in lowa was the Commissioners' Court, adopted as early as the period when this great state was a part and parcel of Wisconsin Territory. When Boone County was created, provisions were made in the organizing act for the election of a board of three commis- sioners, the jurisdiction of which was almost without limitation under the law. But the system was time worn and the county had barely gotten started on its way when it became apparent the days of the Commissioners' Court in Iowa were numbered. Throughout the state dissatisfaction arose with the methods of the commissioners in conducting county affairs and the office was the subject of much un- favorable criticism in various bailiwicks of the commonwealth. The Boone County commissioners had no place in the controversy, how- ever, as their incumbency was of short, but satisfactory duration. In 1851 the Commissioners' Court was abolished by law and by an act of the Legislature
THE COUNTY COURT
system was substituted therefor. This court was given equal power to that of its predecessor in all matters of the county, and coordinate jurisdiction with justices of the peace.
Ten years' trial of the County Court seem to have been sufficient for the people to determine that the best means of running the affairs of the county had not been adopted. It was far from being satis- factory. Many of the early taxpayers claimed that the judge of the court had altogether too much power and that the general interests of the communty were continually imperiled. Then the township, or
SUPERVISOR SYSTEM
came to the fore by legislative enactment, and in 1861 the first board of township supervisors was inducted into office, each township being.
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HISTORY OF BOONE COUNTY
represented by one member. This plan prevailed until 1870, when again the system was changed by an act of the General Assembly, which made it optional with the people whether they elect three or five members to compose the board of supervisors, provided for in the previous year. Boone chose to have a board of three members and that has been its strength in numbers from that day to the present time.
When the county was organized the offices created by the Legis- lature for county government consisted of the Commissioners' Court, commissioners' clerk, sheriff, surveyor, treasurer and recorder, coro- ner, inspector of weights and measures, prosecuting attorney, probate judge and clerk of the District Court. In 1869 the business of the District Court had become so great that a new tribunal was created and designated as the Circuit Court. This court exercised general jurisdiction concurrent with the District Court in all civil actions and special proceedings and exclusive jurisdiction in all appeals and writs of error from inferior courts and had a general supervision thereof in all civil matters. It also had the power to correct and prevent abuses where no other remedy was provided. The Circuit Court also had original jurisdiction of all probate matters. Prior to the year 1869 the clerk was elected as clerk of the District Court. When the law went into effect establishing the Circuit Court, the official duties were circumscribed by both courts. On January 1, 1887, the Circuit Court was abolished ; at the time of its establishment in 1869, however, the office of county auditor, or business agent, was instituted. These explanations are rendered so that the reader may consult the list of county officials, which follows, understandingly. As far as the records show, the name of every person who filled an office of the County of Boone is here given :
COUNTY COMMISSIONERS
1850, Jesse Hull, John Boyles, James Corbin; clerk, Reuben S. Clark.
COUNTY JUDGE
1851, Samuel B. McCall; 1854, J. B. Montgomery ; 1857, Samuel B. McCall; 1859, J. B Montgomery; 1865, S. B. Mitchell; 1867, M. M. King.
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HISTORY OF BOONE COUNTY
PROBATE JUDGE
With the establishment of the county judge system in 1851, it appears that the office of probate judge was discontinued. The first and only person to hold this office was David Hamilton, who was elected in 1849 and fulfilled the duties as probate judge until the office was abolished.
CLERK OF DISTRICT COURT
1850, John M. Wane; 1852, J. K. Detrick; 1854-56-58, Reuben S. Clark; 1860, James Chapman ; 1866-68, H. R. Wilson; 1870-72-74, Philip Livingston; 1876-78, James Hazlett; 1880-82, J. J. Snell; 1884-86, Robert J. Hopkins; 1888-90, John S. Friedly; 1892-94, S. L. Spurrier ; 1896-98, E. Harner ; 1900-02, J. H. Eade; 1904-06, Frank H. Johnson ; 1908-10, Carl Fritz Henning; 1912, D. B. Ashenfelter.
SHERIFF
1850, Samuel H. Bowers; 1851, James W. Lacy; 1853-55, P. Chitwood ; 1857-59, William Holmes; 1861, G. B. Redman; 1865-67- 69-71, George Crooks; 1873, J. B. Hurlbert; 1875, Canfield ; I 877-79, S. S. Webb; 1881-83, S. S. Webb; 1885-87, Samuel P. Zenor; 1889-91, J. B. Patterson; 1893, S. P. Zenor; 1895, H. C. DeFore; 1897-99, George Garner; 1901-03, Willard Foster; 1906-08, George E. Hannum; 1910-12, John Reid, Jr.
TREASURER AND RECORDER
1850, John M. Crooks; 1851, Reuben S. Clark; 1853, L. J. Dunn ; 1855-57-59-61, C. W. Hamilton.
TREASURER
1865, J. B. Hurlbert; 1867, George E. Jones ; 1869. A. Downing ; 1871, J. R. Epperson; 1873, George E. Jones; 1875, - Snell ; 1877, W. S. Colvin; 1879, J. T. S. Williams; 1881-83, Joseph G. Spurrier ; 1885-87, Miles Becket; 1889-91, Duncan Grant; 1893-95. W. D. Moore; 1897, to fill vacancy, Bert M. Huntley; 1899, B. M. Huntley; 1901-03, S. A. Bengston ; 1906, F. M. Lorenzen; 1908, A. Henderson; 1910-12, Theodore Duckworth.
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HISTORY OF BOONE COUNTY
RECORDER
1868, A. J. Barkley ; 1870-72-74, J. F. Brett; 1876, Matt Webb; 1878-82, C. A. Ebersole; 1884-86, William Fisher; 1888-90, John L. Engstrom; 1892-94, Gustaf A. Holm; 1896-1901, C. C. Olson ; 1904- 06, J. S. Halliday; 1908, May F. Wells; 1910-12, Herbert C. Sayre.
AUDITOR
When the Circuit Court was created in 1869, the office of county auditor, or business agent, was instituted. W. C. Harrah was then chosen and continued in office until 1873, when L. L. Sawyer was elected as his successor; 1875-77, J. A. Head; 1879-83, T. S. Boyd; 1885-87, John H. Eversoll; 1889-92, F. E. Cutler; 1894-96, M. D. McGregor; 1898-1900, A. M. Burnside; 1902-04, Archie Patterson; 1906-08, E. F. Jones; 1910-12, G. H. Getty.
PROSECUTING ATTORNEY
1850, Wesley C. Hull; 1851, Timothy Wilson; 1852, Lewis Kin- ney; 1854, James Corbin ; 1856, V. R. L. Large.
The office of district attorney was established about this time and the incumbent's jurisdiction extended throughout the judicial district in which he was elected. The records do not show that Boone County furnished a man for this office. The General Assembly of 1885-86 passed an act abolishing the office of district attorney and creating the office of county attorney, thereby confining the duties of the prosecutor to his own county. The county attorney under the act holds his office by the votes of the electorate of the county the same as any other officers. The first election in Boone County for county attorney was held in 1886.
COUNTY ATTORNEY
1886, J. R. Whitaker; 1888, O. M. Brockett; 1890-92, J. R. Whitaker; 1894-96, A. J. Holmes; 1898-1900, Charles 1. Sparks; 1902-04, H. L. Ganoe; 1906-08, C. J. Cederquist; 1910-12, Frank Hollingsworth.
COUNTY SUPERINTENDENT OF SCHOOLS
Prior to the creation of the office of county superintendent of schools, the office of school fund commissioner was maintained and
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HISTORY OF BOONE COUNTY
the duties thereof consisted chiefly in the collection of moneys ob- tained from school lands and other resources provided for educational purposes and the disbursement thereof as the law directed. It does not appear from the records now on file in the county auditor's office that the office of school fund commissioner was filled in this county and the first record of a county superintendent of schools is of the election of 1859, when C. W. Williams was returned as county super- intendent of schools. The names of his successors follow in the order of their election : 1861, Levi Emmerson; 1865, W. T. Harlan; 1867, H. Selby; 1869, A. E. Simons; 1871-73, T. P. Coin; 1875, T. A. Cutler; 1877, G. W. Lloyd; 1879-1881, J. H. Chambers; 1883-87, George W. Ashton; 1889-90, B. P. Holst; 1890-1903, R. V. Vene- man; 1903-1908, R. R. Cobb; 1910-12, Gracia E. Tucker.
SURVEYOR
1850, Thomas Sparks; 1851, S. C. Wood; 1853, S. C. Wood; 1857, S. C. Wood; 1859-1865, L. Regan; 1867, J. B. Torbert; 1881- 85, A. M. Mullinix; 1887, Curtis M. Kennedy; 1889, Ambrose Blythe; 1890, to fill vacancy, I. A. Worcester; 1891, I. A. Worcester; 1892, to fill vacancy, G. W. Brown; 1893-1903, G. W. Brown; 1906- IO, H. A. Chambers.
CORONER
1850, James Hull; 1851, James Turner; 1853, W. L. Pilcher; 1855, James Lacy; 1857, Michael Myers; 1859, West Myers; 1861, Joseph Barnes; 1867, Lewis Davis; 1881-83, George Doran; 1885-91, D. N. DeTar : 1893, O. Clark; 1895, D. N. DeTar; 1896-97, Andrew White; 1899-1903, H. C. Ebersole; 1904-10, J. C. Walker; 1912, N. M. Whitehill.
At the election of 1904 the question was before the electors to change the time of elections from yearly to biennally. The proposi- tion carried and those officials whose offices would otherwise have expired in 1905 held over for one year. The first biennial election therefore was held in the fall of 1906, when a full list of county officials was elected.
CHAPTER IX
HISTORY OF THE RIVER LAND GRANT
No legislative act has ever affected the interests of the people of the Des Moines Valley in so great a measure as the act known in history as the Des Moines River Land Grant; nor has any land grant made to the state for any purpose created so much excitement and sorrow.
In the first place it was a great mistake for any one to have sup- posed that the Des Moines River could have been made navigable by any process of improvement. The only excuse which can be offered is the fact that at, and preceding the date on which the grant was made, there was a greater volume of water in the river than there has been since that date. All the streams of an unimproved country contain a larger volume of water than they do after the country is improved.
The Des Moines River Land Grant was passed and became a law August 8, 1846. Just who it was that formulated this act is not generally known, but as the act was passed by Congress about four months before lowa became a state, the grant must first have been proposed by A. C. Dodge, who was then the territorial delegate in Congress. Through his influence, most likely, it was placed before the committee on territories, of which Stephen A. Douglas was then chairman, and by him placed on its passage.
The wording of this act was not sufficiently specific to prevent differences of opinion as to its meaning. The language of the act first says that the grant was made for the improvement of the naviga- tion of the Des Moines River, from its mouth to the Raccoon Fork; and then follows the language defining the grant to be "a moiety in alternate sections of the public lands (remaining unsold, and not otherwise disposed of, encumbered or appropriated), in a strip five miles in width on each side of the river to be selected within said territory, by an agent, or agents, appointed by the governor thereof, subject to the approval of the secretary of the treasury of the United States."
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HISTORY OF BOONE COUNTY
If the language defining the grant had been as specific as that defining the extent of the improvement to be made, there would have been no trouble in defining its extent. The failure to fully define the extent of the grant brought about different opinions and different rulings by officers who had to transact the business relating to the grant.
On the 17th of October, 1846, a little over two months after the passing of this act, the commissioner of the general land office at Washington made a request of the governor of the territory that he appoint an agent to select the land under the river grant, giving it as his opinion at the same time, that the grant extended only to the Raccoon Fork of the Des Moines River. This was the first official opinion as to the extent of the grant ever given. There is not much doubt that this opinion was strictly in accord with the original intent of the grant.
On the 17th of December the territorial authorities designated the odd numbered sections as the land selected under this soon to be vexatious grant. This selection included every odd section in five miles of the Des Moines River below the Raccoon Fork.
This was the last act under the territorial government relating to the river land grant, for eleven days from the date of its passage the territory was admitted into the Union as a state, and the ter- ritorial officers stepped down and out, being succeeded by the state officers. The state authorities accepted the selection made by the territorial agent, January 9, 1847, which was the first act done by the state authorities relating to the business of this grant, though not the last one by any means.
On the 24th of the February following, the state created a board of public works and to it was assigned the work of construction and management of the river improvement, and the care, control, sale, disposal and management of the lands granted to the state by the act of 1846.
This board was elected by a majority of the voters of the state at an election held on the first Monday in August, 1847. It consisted of a president, secretary and treasurer, each of whom took the oath of office on the 22nd day of September, 1847. The names of those on this board were: President, Hugh W. Sample; secretary, Charles Corkery; treasurer, Paul Brattain. After filing their bonds and tak- ing the oath of office on the date above named they entered upon the discharge of their duties.
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HISTORY OF BOONE COUNTY
On the 17th of February, 1848, the commissioner of the general land office, in an official communication to the secretary of the board of public works, gave it as the opinion of his office that the river land grant extended the whole length of the river within the state. This was the second opinion of this same officer, the last one being the exact opposite of the first. This ruling was the beginning of the confusion, misery and woe of this historic land grant.
On the 19th of June, 1848, the President of the United States, without regard to these rulings, if he knew that such rulings existed, placed on the market, by proclamation, some of the lands above the Raccoon Fork. Here were the acts of two officials relating to the extent of the river land grant. This conflict of opinions led to a correspondence between the officers of the state and the United States, which resulted in the promulgation of an opinion of the secre- tary of the treasury of the United States, on March 2, 1849, to the effect that the grant extended to the source of the river. The secretary of the treasury, who rendered this opinion, was Hon. Robert J. Walker, in the last days of the administration of President Polk.
By reason of this ruling, on the Ist of the following June, the commissioner of the general land office directed the receivers of the local land offices to withhold from sale all the odd numbered sections within five miles of the river above the Raccoon Fork.
Up to this time, March 2, 1849, four rulings or conclusions had been made and acted upon. As has already been stated the com- missioner of the general land office had decided first that the river land grant extended only to the Raccoon Fork; but in a subsequent ruling decided that the grant extended to the north line of the state. President Polk's proclamation of June 19, 1848, placing the odd sections north of the Raccoon Fork upon the market, shows that he did not think the grant extended above the fork. But the official opinion of his secretary of the treasury, Robert J. Walker, given March 2, 1849, to the effect that the grant extended to the north line of the state seems to have changed his views so much that his procla- mation was withdrawn and the sale of the odd sections above the Raccoon Fork by the government discontinued.
The ruling was made by Gen. Thomas Ewing, who, under the new administration of President Taylor, was appointed to fill the office of secretary of the newly created department of the interior, to which all matters pertaining to the public lands had been assigned by law.
Vol. 1-9
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HISTORY OF BOONE COUNTY
On the 6th of April, 1850, Mr. Ewing declined to recognize the grant as extending above the Raccoon Fork, without an explanatory act on the part of Congress. The state appealed from this ruling to President Taylor, who turned to the matter over to Reverdy Johnson, his attorney general. Mr. Johnson decided that the grant extended to the north line of the state and that the ruling of Robert J. Walker, on the end of March, 1849, was a final adjudication of the subject. This decision settled the question until the death of President Taylor, which occurred July to, 1850. Mr. Fillmore, the vice president, was sworn in and a new cabinet was chosen.
On the 29th of October, 1851, the question of the extent of the river land grant came up again. It was discussed by Fillmore's cabinet, which decided to recognize the claim of the state, to approve the selection of the odd sections above the Raccoon Fork and to permit the state to go on with disposal of the lands without prejudice to their claimants. After this ruling the question of extent of the grant rested until 1860, of which more will be said further on in this article.
Up to December, 1853, the state, through its board of public works, carried on the work of improving the river, and the sale of the lands included in the grant. A land office for the sale of these lands had in the meantime been established at Ottumwa, Iowa.
On January 15, 1849, an act passed the Legislature to reorganize the board of public works, making their official terms three years instead of two, but the first term of the secretary was to be two years and that of the treasurer one year. This would bring about the elec- tion of one of the three members of the board every year instead of electing all three of them at one time. The election was held on the first Monday in August, 1849, and the following gentlemen were chosen : President, William Patterson; secretary, Jesse Williams; treasurer, George Gillaspy.
The wording of this reorganizing act shows that the law makers of 1859 were not altogether satisfied with the doings of the board of public work for the preceding years.
The next two years' experience with the reorganized board was little more satisfactory than that of the first board. The result was that in February, 1851, an act of the Legislature abolished the board of public works, and in lieu of it the offices of commissioner and register of the Des Moines River improvement were created and filled by appointment of the governor. The gentlemen appointed to fill the new offices were: For commissioner, Ver Plank Van Ant-
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HISTORY OF BOONE COUNTY
wert; register, George Gillaspy. The Legislature seems to have been very hard to please or else the men so far chosen were very unsatisfactory. At all events the Legislature of 1853 made a law providing that the commissioner and register should be elected by the voters of the state at an election to be held on the first Monday in April, 1853. The gentlemen elected were: For commissioner, Josiah H. Bonney; register, George Gillaspy. In 1855, William Mckay was elected commissioner; in 1858, William C. Drake was elected, and in 1860 the office was abolished. In 1855, John C. Lockwood was elected register, and in 1857 that office was abolished.
The legislative act of 1853, providing for the electing of these officers, also empowered them to enter into a contract with some individual or company to complete the improvement of the river, and thus relieve the state of the prosecution of the work. To assist these officers in making and entering into a contract of this kind, Hon. George C. Wright, of Van Buren County, afterwards United States senator, and Uriah Biggs, of Wapello County, were chosen as assistants. These were the officers who entered into the historic contract, first with Henry O. Reiley, and then with the Des Moines Navigation and Railroad Company, to complete the work of the improvement of the river.
For its services the navigation company was to have all the lands included in the original land grant not already disposed of by the state. This contract was made June 9, 1854. It was no doubt entered into with good intentions on the part of the state officers, but before the state got rid of the company it was woefully swindled. In fact, the whole river land business from start to finish was poorly managed by the state officers.
The company took charge of the work of the river improvement on the date of their contract, and continued it until March 22, 1858, at which time disagreements and misunderstandings arose between the state and the company.
Prior to the time of entering into the contract with the Des Moines Navigation & Railroad Company the state had sold 327.314 acres of the river land grant, the proceeds of which were paid out for salaries, work and material furnished during the time the state board of public works had charge of the improvement. Of the amount of land above named, 48,830 acres were above the Raccoon Fork. These 327,314 acres of land were sold at $1.25 per acre, the proceeds amounting to $409, 142. It is a well settled fact that the state was never benefited a single dollar for all this outlay of money. That
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HISTORY OF BOONE COUNTY
any set of men should fritter away such a sum of money without any visible results seems incredible.
The Des Moines Navigation & Railroad Company had charge of the improvement from June 9, 1854, to March 22, 1858, a period covering nearly four years. During this time little progress was made on the work of the improvement, and it was this slow and dilatory progress that caused the disagreement between the company and the state.
In pursuance of this contract the state on the 14th of May, 1855, conveyed to this company 88,853 acres of the land grant, and again on the 6th of May, 1856, conveyed 116,636 acres more, making in the two conveyances 205,489 acres. At $1.25 an acre, this amounted to $256,788. It is not to be wondered at that the state should be dis- satisfied over the expenditure of this amount of money with nothing. or next to nothing, accomplished.
On the 22nd day of March, 1858, a proposition for settlement was made by the state, by the terms of which the company was to execute to the state a full release of all contracts, agreements and claims against the state, including water rents and dredge boat and pay the state $20,000, the state agreeing to convey to the navigation company all of the lands granted by Congress in the act approved August 8. 1846, which, up to that time, had been approved and certified to the state by the general government, except such as had been sold.
Although the state gave the company sixty days in which to accept this proposition, it was accepted on the double quick, and the $20,000 was paid. In pursuance of this settlement the state deeded to the navigation company 256,703 acres of land on the 3rd day of May, 1858, and again on the 18th of May, 1858, another patent was issued to the company by the state conveying 9,303 acres, making a total of 266,108 acres.
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