USA > Iowa > Chickasaw County > History of Chickasaw and Howard Counties, Iowa > Part 15
USA > Iowa > Howard County > History of Chickasaw and Howard Counties, Iowa > Part 15
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FIRST BOARD OF SUPERVISORS:
C. D. Johnson, Bradford twp. E. Darst, Dayton twp.
F. D. Bosworth, Richland Wm. Tucker, Chickasaw twp.
Vinal Thayer, Dresden Almon Harris, Deerfield
E. Perry, Fredricksburg
J. H. Vantassell, Washington twp.
E. W. Davis, Stapleton
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W. L. Palmer, Jacksonville
66
Gideon Gardner, New Hampton D. B. Kerby, Utica
M. L. Palmer was elected president of the board, but resigned, and William Tucker was elected in his place. The appropriate committees were then appointed. On the following day rules and
141
HISTORY OF CHICKASAW COUNTY.
regulations were adopted, and miscellaneous business proceeded with.
At this term H. C. Baldwin was allowed ten cents per night for sleeping in the county office until further arrangements were made. The sheriff was instructed to move the safe, books, sta- tionery and wood, for the use of the county officers, from the school house in New Hampton to the court room, and was giveu general charge of the few effects of the county. Blank books, to cost not'more than seventy-five cents per copy, were voted the justices of the peace in each township, to be used as dockets. The total expense of this session, including pay of the supervisors, was $141.40.
On the 1st of June, 1861, the total amount of money in the county treasurer's hands for disbursement, was $3,302.93.
At the June term, 1861, it was ordered that the partition of the school building be removed, that the room be also used for dis- trict court purposes, and that Cotant & McCullow's building be rented for county offices, for one year at $60 per year.
At the same term the clerk was authorized to advertise for sealed proposals for the purchase of a farm, to be used as a county poor farm. At the October term, it was reported inadvisable, in the then condition of the county finances, to purchase a poor farm.
In the proceedings of the January term, 1862, appears the fol- lowing entry: "Wam-no-cat and Mich-a-gan (Indians) presented accounts for bounty on wild cats. It was moved and seconded that the said accounts be allowed. The yeas and nays being call- ed for, resulted nine yeas, and three nays. The members voting in the negative, said they did so on account of the oath of an Indian not being considered valid by our laws."
A resolution was introduced at this session, authorizing the em- ployment of an attorney to represent the county in the case of Chickasaw county vs. Lorenzo Bailey, in the supreme court of the state, and reccommending J. O. Crosby.
A. W. Billings was appointed county surveyor in place of Chas. Fitch, who had left the state. The appointment of D. A. Jackson to be deputy sheriff was approved.
H. C. Baldwin, deputy recorder and treasurer, was requested and authorized to sleep in the county office, the records and moneys of the county being deemed liable to robbery and de-
142
HISTORY OF CHICKASAW COUNTY.
struction, and Mr. B. was authorized to choose a person "as his company nights in said office," both to receive a suitable compen- sation, and accommodations to be furnished them by the county.
At the June term, 1862, citizens of Nashua asked an appropri- ation of $1,000 to build a bridge across the Big Cedar, which peti- tion was referred to the committee on roads and bridges.
At the September term, 1862, Eli Darst was appointed county surveyor, vice E. W. Davis resigned, and Emily Stebbins was ap- pointed deputy recorder and treasurer. At the October term, T. N. Skinner was appointed to fill vacancy as county superintendent occasioned by the removal of J. H. Sawin from the state. At this term, also, C. O. Case was authorized to purchase a county seal; and the salary of the clerk was fixed at $500 per year, deducting therefrom the amount of fees received.
At the September meeting of the board, 1863, the salary of the clerk was fixed at $600, exclusive of pay for assistance.
At the January term, 1864, the county treasurer's bond was . fixed at $16,000. A petition from Nashua for $3,000 to build a bridge across the Big Cedar at that point, was denied, on the ground that the law prescribed the course to be pursued in such cases.
As an indication of the mighty onward march of progressive civilization, it may be mentioned that the board at this term au- thorized the clerk to purchase two kerosene lamps, one for the clerk's and the other for the treasurer's office.
At the June meeting, 1864, Mary Case was appointed deputy clerk.
J. H. Powers, for many citizens of the county, asked that, at the next regular election, the question of a sufficient appropriation from funds accruing out of the school lands to construct a bridge across the Big Cedar at Nashua, be submitted to the voters, and also asked that action be taken in the matter of providing a suita- ble county building, the latter of which requests is treated of in detail elsewhere in this book. The board arranged for ascertain- ing the amount necessary to construct a suitable bridge at Nashua, preparatory to submitting the matter to the voters.
The following bounties were fixed for scalps of wild animals; gray gophers, three cents; pocket gophers, five cents; wild cats, $3; prairie wolves, $5; timber wolves, $5.
At the September meeting, 1864, it was decided to submit to the voters, at the November election, the question of appropriating
143
HISTORY OF CHICKASAW COUNTY.
$4,000 out of the swamp land fund, to construct a bridge over the Big Cedar, at Nashua.
The tidal wave of progress still sweeps onward, over the bosom of the mighty west, and the sheriff is authorized to "procure a stove-pipe and fit a room for holding court."
At the meeting of the board of supervisors in June, 1865, the clerk was authorized to draw a warrant for fifty cents to pay for recording the deed given for the land donated by G. Gardner for the site of a court house, also a resolution was passed, appointing Messrs." Palmer of Jacksonville, Haslam of Dayton, and Wood- bridge of Bradford, a committee to enter into a contract on the part of the county, with some party or parties to build a court house.
The above contract was immediately placed before the board and bears date of June 6, 1865, and recites that the said court house was to be completed by November 25, 1865, and the terms of pay- ment, according to the contract, were to be $840 cash down, $500 when the frame was raised, $500 when enclosed and finally eleven hundred and forty dollars when the building was completed and accepted by the county. The three last sums to be paid out of the funds known as the swamp land fund. J. H. Powers was the con- tractor, who filed his bond for the faithful performance of said contract, June 7th of the same year.
The tax assessments for the year are set as follows: state tax, 2 mills; county, 4 mills; school, 1 mill; bridge, 2 mill, and volunteer fund, 6 mills.
A resolution was passed by the board of supervisors at the Sep- tember meeting, 1865, whereby W. B. Grant, W. Tucker and N. F. Lighthall were appointed a committee to oversee and take charge of the building of a bridge across the Cedar at Nashua, the erection of which was at that time being canvassed.
In October, 1865, a resolution was brought before the board, and by them passed, appointing to the office of county judge, G. A. Hamilton, to fill the vacancy occasioned by the removal from the county of S. G. Merriam.
In January, 1866, at a regular session of the board of supervis- ors, W. E. Beach, E. D. Woodbridge and E. K. Morrill were ap- pointed a committee to ascertain the present and prospective in- debtedness of the county, and devise some honorable means to re- store the warrants of said county to par and preserve the credit thereof.
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HISTORY OF CHICKASAW COUNTY.
At this meeting, the committee appointed at the September ' term, 1865, to oversee the building of the Nashua bridge, reported that the amount appropriated for that purpose would not be enough by two thousand dollars, and asked the appropriation of that sum, but after much discussion the matter was laid over un- til more prosperous times would allow it.
The indebtedness of the county as reported to the board, Jan. 1866, was as follows:
Outstanding unpaid warrants. $ 8,510 98
Account of volunteers presented this session. 13,315 51
Ordinary accounts. 991 12
Probable additions
100 00
Total indebtedness $22,917 61
Again at the meeting of the board of supervisors in June, 1866, the matter of the bridge at Nashua comes to the front and E. D. Woodbridge, Michael Cagley, and H. Case were appointed a com- mittee to let the contract to build it if possible, and adding the sum of five hundred dollars to the four thousand dollars already appropriated for that purpose and to be helped by a private sub- scription of fifteen hundred dollars, the said bridge to be finished by March 1, 1867.
The tax rate fixed by the board for 1866, was as follows: state. tax, 2} mills; county tax, 4 mills; with a poll tax of fifty cents; school, 1 mill; bridge, 3 mills, and volunteer fund, 10 mills.
According to a report made by the assessors of the several town- ships, to the board, the total valuation of the county for the year 1867 was $1,177,959.00.
At the June session, 1867, we find a report signed by A. G. Case, S. F. Eastman and E. H. Hall as commissioners, that they had let the contract for building the bridge over the Big Cedar at Nashua, to A. Spaulding, and that he had complied with the terms of the contract, and that the bridge was finished or so nearly so as to warrant them in pronouncing the contract complete.
At the meeting of the board, September, 1868, a resolution was adopted, wherein it is recited that as "Chickasaw county was in debt over seven thousand dollars, in the county fund, its warrants were depreciated to a ruinous rate, and as it is best to pay as promptly as possible to restore credit, Resolved, That a special
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HISTORY OF CHICKASAW COUNTY.
levy of tax be made, of 2 mills on the dollar, to be levied from year to year until such debt be wiped out," which measure was to be submitted to a vote of the people at the regular election in No- vember, 1868, said tax to be levied for_1869, and subsequently at the election above mentioned, the people of the county endorsed the action of the board and the tax was levied.
At the June meeting, 1869; a petition was presented, asking that the board take some steps toward building a jail, but on its being referred to a committee it was returned with the report, that in their opinion there was no necessity for one, and this action seems to have been final, for the county, although owning very fine buildings, still does not possess a jail, but send its prisoners . to Decorah for safe keeping.
At the June term, 1872, the board consummated the buying of the farm now used as the poor farm, together with all the improve- ments, and offered to receive bids for the erection of suitable build- ings.
They also contracted with Mosler, Bahrman & Co., of Chicago, Ill, for two large safes for county records, at a cost of $2,450.
At a special session of the board held October 7th, 1872, the con- tract was let to A. W. Utter of New Hampton to erect the house on the poor farm at an expense of $1,360.80
The following report shows the condition of the revenue in said . county from Jan. 1st to June 2d, 1873.
STATE FUND. $ 266 37 3,706 16.
Cash in treasury
Total collections.
Total
3,972 53 :
Disbursement
2,914 82,
Balance in treasury
1,057 711
COUNTY FUND.
Cash in treasury
173 21 .
Total collections
9,502 58
Total
9,675 79
9,675 79
Disbursements
146
HISTORY OF CHICKASAW COUNTY.
WARRANTS.
Amount of outstanding warrants, last report 2,708 05
" warrants issued since 5,769 09
Treasurer's salary.
1,388 65
Total
9,865 79 \
Amount warrants reduced since last report ... 9,673 98
Amount of outstanding warrants.
191 81
BOND FUND.
Cash in treasury. January report.
419 93
Total collections
1,487 72
Total
1,907 65
Disbursements:
1,642 64
Balance in treasury
265 01
SCHOOL FUND.
Cash in treasury, January
798 81
Total collections.
1,593 38
Total
2,392 19
Disbursements
939 10
Balance in treasury
1,453 09
ROAD FUND.
Cash in treasury
295 41
Total collections
2,555 94
Total
2,851 35
Disbursements
1,587 13
.
Balance in treasury
264 22
SCHOOL HOUSE FUND.
Cash on hand, January.
1,193 35
Total collections
6,727 43
Total
7,920 78
Disbursements
6,203 58
Balance in treasury
1,717 20
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HISTORY OF CHICKASAW COUNTY.
TEACHER'S FUND.
Cash on hand, January
2,870 37
Total collections.
10,819 85
Total
13,690 22
Disbursement
11,243,63
On hand
2,446 59
CONTINGENT FUND.
Cash on hand, January
1,140 26
Total collections.
4,586 70
Total
5,726 96
Disbursements
4,713 53
Balance in treasury.
1,013 43
BRIDGE FUND.
Cash in treasury, January
765 40
Total collections
2,374 80
Total
3,140 20
Disbursements
1.092 15
Balance in treasury
2,048 05
7
INSANE FUND.
Cash on hand, January.
178 42
Total collections.
668 69
Total
847 11
Disbursements
829 12
Balance in treasury
17 99
POOR FARM FUND.
Cash in treasury, January
160 15
Total collections
1,823 95
Total
2,984 10
Disbursements
2,115 51
Balance in treasury.
868 59
148
HISTORY OF CHICKASAW COUNTY.
INTEREST ON PERMANANT SCHOOL FUND. Cash on hand, January
912 35
Total collections 1,592 01
Total
2,504 36
Disbursements.
882 43
Balance in treasury
1,621 93
PERMANENT SCHOOL FUND.
Cash on hand, January
47 00
Total collections
1,478 68
Total
1,525 68
Amount loaned
1,175 68
Balance in treasury.
350 00
RAILROAD TAXES.
1868 on hand
20 85
1870
126 86
1872
"
74 20
Total collections
113 40
Total
336 61
Total disbursements
117 41
Balance in treasury
117 90
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HISTORY OF CHICKASAW COUNTY.
CHAPTER IV.
COUNTY SEAT CONTEST; THE FIRST CONTEST; "BATTLE OF BAILEY'S LANE;" THE CONFLICT OF 1880.
"Commissioners' report. Filed in the office of the clerk of the district court, August 14th, A. D. 1854. J. A. J. Bird, clerk.
"To the Hon. County Judge of Chickasaw county, Iowa:
"The undersigned commissioners appointed by the judge of the second judical district for the state of Iowa, to locate and establish the county seat of said county of Chickasaw, respectfully report that, having had the same under the due consideration, they have selected the town of Bradford in the county and state aforesaid, as the point at which said county seat is hereby located and estab- lished.
"Given under our hands at Bradford in the county of Chickasaw and state of Iowa this fourteenth day of August, A. D. 1854.
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"Commissioners SWM. MCCLINTOCK,
JOHN B. ONSTINE."
At the February term of the county court, 1856, a petition of J. C. H. Miller and two hundred and twenty-four others was pre- sented, praying "that at the next April election to be holden there- after in said county, a vote shall be taken between Bradford,.
HISTORY OF CHICKASAW COUNTY.
the existing county seat of said county and New Hampton, for the county seat."
The prayer of the petitioners was granted, and in accordance therewith an election was held, and at the canvassing of the votes, the vote of Washington township was rejected, and the board of canvassers declared that. "Bradford received 203 votes and New Hampton received 203 votes." On the 6th day of June, 1856, an information was filed by Osgood Gowen in the office of the clerk of the district court, asking for a writ of mandamus, and in accord- ance with the prayer a writ was issued against the board of county canvassers on the same day. On the day following, two of the members of the board, W. E. Andrews, ex-officio county judge, and John Bird, justice of the peace, filed the following response, which is given in full, as it contains nearly a full history of . the case, and is moreover, a unique specimen of that legal explicit- ness which is supposed to be attained only through a multiplicity of technical verbage:
"THE STATE OF IOWA, ) In the District Court of said county." "CHICKASAW COUNTY. To June term thereof, A. D. 1856."
"In the matter of the information of Osgood Gowen for man- damus against the board of canvassers of Chickasaw county afore- said, in the matter of an election between Bradford and New Hampton, for the establishment of the county seat of said county.
"And the said W. E. Andrews and John Bird, canvassers of election in said information, mentioned, come, and answering, say :| that they admit that at the February term of the county court, of aid county of Chickasaw, A. D. 1856, a petition was presented to said county court, by J. C. H. Miller and two hundred and twenty- four citizens, as alleged in said information, upon which said peti- tion an order was made by said county court that the question of a relocation of said county seat of Chickasaw county be submitted to a vote of the legal voters of said county in the year A. D. 1856; and that, in pursuance of said order submitting the question of a relocation of said county seat to a vote of the legal voters of said county at the April election A. D. 1856, said question was sub- mitted and voted on at the said election. And your respondents, further answering, say severally and respectively, that in the re- turns of said election and according to the same, it did appear that the town of New Hampton had received the number of two hun-
151
HISTORY OF CHICKASAW COUNTY.
dred and thirteen votes for the county seat of said county, and that the town of Bradford received two hundred and six votes for the county seat of said county as appeared on the face of the papers purporting to be said returns of the said election. And your respondents aver, and so they answer, that all the returns so made to the county judge of the county of Chickasaw, embracing to-wit: all the returns from the several townships and precincts of said county of Chickasaw at the election so held in and for said county, were then and there, to-wit: at Bradford in said county, duly ex- amined and canvassed as the law directs, by said board of can- vassers; and that after such canvass and examination as aforesaid it was found that the said election returns at the election held as aforesaid for the purpose aforesaid, were duly and properly made in compliance with law, with the exception of the township of Washington in said county; and after duly examining and can- vassing the returns of said election so held as aforesaid, for the purpose aforesaid for all the townships and precincts in said county, it was found that returns of the votes for the said town- ship of Washington were insufficient, irregular and of no effect, and utterly null and void in law. And so said respondents, answering as aforesaid, aver that said votes of the town of Wash- ington, given at said election, having been found and decided by the said board of canvassers, after due examination and canvass, to be insufficient, irregular and of no effect, and utterly null and void, were then and there, to-wit: at Bradford, aforesaid within the time required by law, duly canvassed and exam- ined by said board of canvassers, and were then and there within the time aforesaid duly and legally rejected by said board of canvassers, after a legal canvass of the said votes and returns, then and there held for insufficiency, irregularity and nullity, and for no other reason.
"And your respondents, further answering, say that after said returns of all the said townships and precincts of the said county of Chickasaw, were so canvassed as aforesaid, and the returns of the votes of the said township of Washington were so rejected as aforesaid, the state of the canvass was as follows, to-wit:
Bradford received two-hundred and three votes, and New Hamp- ton received two hundred and three votes; and of the votes so rejected after said canvass as aforesaid by the canvassers aforesaid, ten
152
HISTORY OF CHICKASAW COUNTY.
votes were cast for New Hampton and three votes for Bradford; and that your respondents there made out and signed a statement of the canvass aforesaid, specifying the said number of votes so cast for the respective places aforesaid, which remains of record in in the office of the county judge of said county, by reference to which will more fully appear.
"And your respondents, further answering, deny that they have done aught in the premises aforesaid; they have acted fairly, hon- estly and in good faith, and as they believed, and still believe, in strict accordance with law and their duty as canvassers as afore- said. And your respondents, having fully answered herein, beg to be discharged.
"W. E. ANDREWS, "JOHN BIRD."
It was claimed by the relator, that the board of canvassers hav- ing decided the returns from Washington township irregular, were in duty bound to return them to the township officers for correc- tion, and to stay the canvassing until the returns were completed . as corrected. The cause was never prosecuted to a final result. A change of venue was applied for, and the case fell between the courts as it was claimed that the proper fees were not paid for the transcript, and the county seat remained at Bradford under the decision of the board of canvassers.
On the 5th day of April, 1858, another vote was taken upon the county seat question, and, according to reputable authority "the board of canvassers, by excluding the returns of Washington town- ship for informality, and counting ten less than were actually cast in the township of Deerfield, decided that Forest City had received a legal majority."
The same authority continues: "The vote of Washington town- ship was excluded on the ground that the poll list was wanting, and the ten from Deerfield on account of the returns not showing the full amount, they having been changed from fifty-three to forty-three in favor of New Hampton. Immediately on the result of this canvass being known the county judge adjourned court to meet at Forest City at 2 o'clock P. M.
"Within a few minutes the books, papers and furniture of the office were in transit for Forest City, as teams were in readiness, and a long string of oxen attached to a wooden "drag" for the pur-
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HISTORY OF CHICKASAW COUNTY.
pose of moving the safe. During this time, and while all was activity in the removal of the county offices, a meeting of citizens claiming that their rights had been invaded, was being held in an adjoining building, to take into consideration the course to be pursued.
"This meeting was addressed by some who were in a perfect frenzy of excitement, and who were in favor of taking possession of the office and retaining it where it of right belonged. Others more dis- creet counseled milder measures; the cooler ones finally triumphed, and a committee was appointed to commence legal proceedings to reclaim rights that were claimed to have been taken from them by those in power. In accordance with instructions, a suit was com- menced at the next term of the district court, and on the 3d day of June, 1858, an information was filed in the clerk's office, asking for a writ of mandamus compelling the board of canvassers to count the votes that had been cast, including those of Washington and the ten in Deerfield. A special term of the district court was called to meet in August to hear the case at the August term on alternative writ, and after hearing, a peremptory writ was issued as prayed, and respondents appealed.
"At the same time of filing the information for a writ of man- damus, an information was filed asking for a writ of certiorari. At the special sesion of the district court these papers were lost, and leave was granted to file new ones at the next term of the court.
"The mandamus case was reversed in the supreme court as be- ing an improper remedy, and in the opinion it was intimated that the proper remedy was an injunction. On the 12th day of April, 1859, an application was made to the district judge for an injunc- tion restraining the county officers from holding their offices at any other place than at New Hampton.
"The writ was granted, final hearing to be had at the next term of district court. At the spring term of the court the injunction and the certiorari cases both camse up for hearing, and were decided in favor of New Hampton, whereupon the records and county offices were again returned to New Hampton.
"This episode in the history of the county," continues our in- formant, "was marked with many interesting scenes, such as civil and criminal prosecutions, indictments, informations, etc., in
154
HISTORY OF CHICKASAW COUNTY.
which some of our prominent citizens found themselves under: bonds to appear at the term of the district court, or in durance vile. At one time an attempt was made to resist a warrant, and. subsequently a writ of habeas corpus, and a large number on either- side came in collision in the lane in front of Judge Lorenzo Bailey's and a general fight ensued, in which both parties were considerably damaged. This encounter has been humorously termed the "Battle of Bailey's Lane."
"The curtain has fallen, the scene has closed, and many of those. who were then the bitterest of foes are now the warmest of: friends.".
The election of April 7th, 1856, in addition to the county seat. struggle, developed a contest over the election of officers that for a time seriously threatened the peace of the inhabitants and engen -. , dered bitter personal quarrels that were slow to subside. An ac -. count mainly taken from the records, is here in order:
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