USA > Iowa > Davis County > History of Davis County, Iowa, containing a history of the county, its cities, towns, etc. > Part 36
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Any corporation in this State of an academical character, the memberships of which shall consist of lay members and pastors of churches, delegates to any synod, conference or council holding its annual meetings alternately in this and one or more adjoining States, may hold its annual meetings for the election of officers and the transaction of business in any adjoining State to this, at such place therein as the said synod, conference or council shall hold its annual meet- ings ; and the elections so held and business so transacted shall be as legal and binding as if held and transacted at the place of business of the corporation in this State.
The provisions of this chapter shall not extend or apply to any association or individual who shall, in the certificate filed with the Recorder, use or specify a name or style the same as that of any previously existing incorporated society in the county.
The Trustees, Directors or stockholders of any existing benevolent, char- itable, scientific, missionary or religious corporation, may, by conforming to the requirements of Section 1095 of this chapter, re-incorporate themselves or con- tinue their existing corporate powers, and all the property and effects of such existing corporation shall vest in and belong to the corporation so re-incorporated or continued.
INTOXICATING LIQUORS.
No intoxicating liquors (alcohol, spirituous and vinous liquors), except wine manufactured from grapes, currants or other fruit grown in the State, shall be manufactured or sold, except for mechanical, medicinal, culinary or sacramental purposes ; and even such sale is limited as follows :
Any citizen of the State, except hotel keepers, keepers of saloons, eating honses, grocery keepers and confectioners, is permitted to buy and sell, within the county of his residence, such liquors for such mechanical, ete., purposes only, provided he shall obtain the consent of the Board of Supervisors. In order to get that consent, he must get a certificate from a majority of the elec- tors of the town or township or ward in which he desires to sell, that he is of good moral character, and a proper person to sell such liquors.
If the Board of Supervisors grant him permission to sell such liquors, he must give bonds, and shall not sell such liquors at a greater profit than thirty- three per cent. on the cost of the same. Any person having a permit to sell, shall make, on the last Saturday of every month, a return in writing to the Auditor of the county, showing the kind and quantity of the liquors purchased by him since the date of his last report, the price paid, and the amount of freights paid on the same ; also the kind and quantity of liquors sold by him since the date of his last report ; to whom sold ; for what purpose and at what price ; also the kind and quantity of liquors on hand; which report shall be sworn to by the person having the permit, and shall be kept by the Auditor, subject at all times to the inspection of the public.
No person shall sell or give away any intoxicating liquors, including wine or beer, to any minor, for any purpose whatever, except upon written order of parent, guardian or family physician ; or sell the same to an intoxicated person or a person in the habit of becoming intoxicated.
318
ABSTRACT OF IOWA STATE LAWS.
Any person who shall mix any intoxicating liquor with any beer, wine or cider, by him soll, and shall sell or keep for sale, as a beverage, such mixture, shall be punished as for sale of intoxicating liquor.
But nothing in the chapter containing the laws governing the sale or pro- hibiting the sale of intoxicating liquors, shall be construed to forbid the sale by the importer thereof of foreign intoxicating liquor, imported under the author- ity of the laws of the United States, regarding the importation of such liquors, and in accordance with such laws ; provided that such liquor, at the time of the sale by the importer, remains in the original casks or packages in which it was by him imported, and in quantities not less than the quantities in which the laws of the United States require such liquors to be imported, and is sokl by him in such original casks or packages, and in said quantities only.
All payment or compensation for intoxicating liquor sold in violation of the laws of this State, whether such payments or compensation be in money, goods, lands, labor, or anything else whatsoever, shall be held to have been received in viola- tion of law and equity and good conscience, and to have been received upon a valid promise and agreement of the receiver, in consideration of the receipt thereof, to pay on demand, to the person furnishing such consideration, the amount of the money on the just value of the goods or other things.
All sales, transfers, conveyances, mortgages, liens, attachments, pledges and securities of every kind, which, either in whole or in part, shall have been made on account of intoxicating liquors sold contrary to law, shall be utterly null and void.
Negotiable paper in the hands of holders thereof, in good faith, for valuable consideration, without notice of any illegality in its inception or transfer, how- ever, shall not be affected by the above provisions. Neither shall the holder of land or other property who may have taken the same in good faith, without notice of any defect in the title of the person from whom the same was taken, growing out of a violation of the liquor law, be affected by the above provision.
Every wife, child, parent, guardian, employer, or other person, who shall be injured in person or property or means of support, by an intoxicated person, or in consequence of the intoxication, has a right of action against any person who shall, by selling intoxicating liquors, cause the intoxication of such person, for all damages actually sustained as well as exemplary damages.
For any damages recovered, the personal and real property (except home- stead, as now provided) of the person against whom the damages are recovered, as well as the premises or property, personal or real, occupied and used by him, with consent and knowledge of owner, either for manufacturing or selling intox- icating liquors contrary to law, shall be liable.
The only other exemption, besides the homestead, from this sweeping liability, is that the defendant may have enough for the support of his family for six months, to be determined by the Township Trustee.
No ale, wine, beer or other malt or vinous liquors shall be sold within two miles of the corporate limits of any municipal corporation, except at wholesale, for the purpose of shipment to places outside of such corporation and such two- mile limits. The power of the corporation to prohibit or license sale of liquors not prohibited by law is extended over the two miles.
No ale, wine, beer or other malt or vinous liquors shall be sold on the day on which any election is held under the laws of this State, within two miles of the place where said election is held; except only that any person holding a permit may sell upon the prescription of a practicing physician.
319
ABSTRACT OF IOWA STATE LAWS.
SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIP- TION.
The business of publishing books by subscription, having so often been bronght into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made :
A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the consid- eration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exag- gerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the princi- pal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.
All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they can not be altered, varied or rescinded verbally, but if donc at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.
Persons employed to solicit subscriptions are known to the trade as can- vassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their business.
It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is; if they can not read themselves call on some one disinterested who can.
STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.)
No. of
No. of
No. of
Acres
Acres
Arres
Spring Wheat.
Winter Wheat.
Indian Corn.
Oats.
Value of
Products
COUNTIES.
of Im-
UnIm-
under
of Farm
proved
Land.
proved
Culti-
No. of
No. of
No. oľ
No. of
Land.
vation
No. of
No. of
No. of
No. of
in
in 1874.
Acres.
Bushels
Harv't'd
Acres.
Bushels
Harv'i'd
Acres.
Bushels!
Bushels
Harv't'd!
Acres.
Harv't'd
Dollars.
Appanoose ..
161059
161083
125188
9606
77789
1049
10838
64871
2335243
13756
387346
$1611937
Alamakee.
134764
156821
109388
61880
937639
1964
24325
905920
12776
442829
1415769
Anduhon.
21146
23819
15986
6876
89235
181
10
97
9225
394655
788
33293
184153
Adams
65159
43735
54352
17947
281876
174
25174
963777
3951
141293
695318 .
Adair
83182
55680
66265
27550
435011
70
3500
30SGO
1402128
4455
159,39
828171
Buena Vista
33118
27010
15514
162737
228231
2791
67069
207828
Benton.
297518
3:034
53911
239108
9910G
1343666
7
280
83244
3328921
15490
44500
2664995
Boone.
156931
71810
108612
32505
429237
11
84
46151
1595752
10101
404620
1018453
Butler.
149493
58908
124877
57007
779167
20
700
38685
1270978
13827
421719
1209785
Bremer
145067
47001
104510
48978
644795
28:54
1026641
14259
518571
538196
1144620
Black Hawk
213025
150881
181256
89361
1108024
56592
1939590
16804
1898424
Buchanan.
19056
157240
48831
1811250
17431
556209
2615949
Clay
37059
71418
64291
812342
39919
33315
17481
153159
8797
180120
4436
98766
123343
Cherokee
54639
28974
45412
31693
40150;
9439
815215
3545
115595
85019
Cass ..
110864
15304
92785
40123
676209
40582
1901062
9079
176281
1284899
Crawford
58038
283114
15262
24000
324894
17957
68658
2902
99158
483357
Cedar
248869
41417
166487
40167
640544
26
295
78224
2845921
20213
675837
2606149
Cerro Gordo ..
52930
809895
48648
415463
7199
228097
591617
212201
151908
173622
28199
265443
Clayton
86883
1305125
1347
21030
9512
37918
1471263
20024
669895
2081793
Clinton
090855
57337
68683
1010345
12
428
89297
3061338
23.04
702059
3049019
Chickasaw
96504
91772
74104
40162
643519
8
63
16821
514279
11744
446300
894656
Carroll
58065
309744
89159
26736
340161
3
20
16014
550041
3238
107577
451365
Clarke.
94694
50487
78803
17968
217090
7
55
39066
3580260
12337
867648
7054987
Calhoun
26990
26618
11040
100631
10
150
10656
351120
2993
78182
221618
Davis.
150038
116008
131597
5378
30993
5379
56405
62127
2115569
13643
845707
1606090
Decatur
115:51
87172
95275
8211
77169
1763140
146244
634135
817
12239
50484
10555
344551
1024541
Duhuque
187831
98561
49240
81
1720
67118
1702391
25115
648322
1636182
Des Moines,
143665
58165
97618
10615
113396
8688
117810
102924
2307938
9242
287892
1772992
Delaware
472020
62305
161357
G0401
71728
5
50
56150
1690:35
20577
632113
1698814
Dickinson.
15770
29850
11961
5701
25822
8183
44455
2403
97282
45334
Dallas
132135
57765
:14625
20256
445848
186
57652
2484898
9937
335124
1502047
Emmet
9989
255SG
8387
3911
1510
2197
14273
1549
8241
15244
Floyd
147008
82130
110708
62067
941439
26162
642448
15461
487729
1867377
Fayette
179504
98156
133158
60779
863670
46
968
87091
1296480
20,70
704407
1503127
Franklin
49359
43 46
65590
31096
455909
24066
758983
9532
328679
777106
Fremont
115907
194932
103039
13229
206901
841
16625
78845
1703985
5419
179645
1016066
Grundy
146059
47926
135108
67384
97GGU7
40175
1482582
11786
401948
1503977
Green
59010
49838
52313
19391
257760
2
44
783037
783027
4227
120948
620905
Guthrie
87250
47220
76892
2:489
993574
22
860
98902
1669134
4145
153505
792461
Hardin
128331
29114
39930
97765
98464
197251
41304
1879961
10982
356915
1066627
Humboldt
36906
2,018
12016
20902
9998
297381
8974
90944
200001
Howard
115923
61871
36115
582803
9916
307912
10210
340268
734409
Harrison
94848
171048
33:451
72281
23918
143:01
84
1200
44720
1620192
3462
69140
786677
Hancock
10462
841615
9005
4889
70006
2067
57899
1953
48816
89405
Hamilton
63966
39935
52050
20076
294682
20441
670731
5108
168262
52762
Henry
182090
50249
110931
15026
180220
9041
113203
62672
2415670
13393
358221
1765670
Ida .
7292
9494
6514
3109
48815
2301
455
14060
7482212
lowa
191011
89357
159188
48410
670247
96
1080
€2518
108465
2713830
11756
819071
2005049
Jackson
193290
142401
142101
43515
550000
491
7942
53962
1665518
23652
5211561
1750091
Johnson
241021
71257
193019
45306
666779
100
1274
77142
3158178
17760
522197
2447875
Jasper
278891
179752
216949
79926
1307170
100217
4525889
15267
532239
2916838
Jones.
208907
63298
140684
36090
462478
81
409
65423
1909534
18260
464824
1606416
.lefferson
16,389
66979
125590
16237
164904
6192
66739
55061
1695510
14005
446129
1530140
Keokuk
208125
98999
149672
93278
368528
148
1863
75697
3327292
15582
447603
27857
1919728
Kossuth.
31550
48793
29835
10798
13139
140
9181
119777
5143
105306
Lee
183832
78692
133780
10351
72624
15400
200107
59863
2190306
11817
279069
1631518
Lucas.
108952
59:57
88837
13954
153587
91
829
47022
1902530
12665
342164
1030554
Lyon.
15872
818841
12766
8182
76742
2645
10396
3477
13789
82651
Linn
281118
62649
115655
52178
650597
12
160
91773
9439923
22070
585648
2590052
Louisa
151007
52922
100066
199939
4358
16267
49642
2184658
6792
1.5755
1665739
Mitchell.
126384
70176
91133
G5534
:033811
11274
411.61
14078
542662
1591878
Mahaska
232398
122490
150068
81362
895532
205
2697
83775
8768:09
.6646
196248
2195785
Marion.
199669
82779
153214
45186
529663
189
2212
84630
8835673
10937
335746
2181346
Mills
141512
53604
99837
24385
312901
S2
543
59543
15389.6
5528
232639
1003509
Madison
161998
188709
137979
87553
628314
25
484
69194
2953630
285103
1709030
Monroe
102215
78206
91730
11638
101413
263
5584
45575
1738916
241081
938362
Marshall
223735
41532
11:303
69395
1125382
21
200
67699
48611
465245
2368278
Monona ..
52212
56279
89914
15331
183811
21577
2808256
818388
2304
66475
447665
Muscatine.
118945
48532
129699
82375
416471
63
629
54760
1715973
13287
405562
1747906.
Montgomery
104633
50607
86026
1381
551539
166
99251
1441467
5322
201635
10:2127
O'Brien
33626
32010
26 184
14904
154526
6379
106052
8107
58931
191542
Osceola.
18190
31406
14651
8769
74757
2510
172.9
1890
26820
60581
Polk
207689
56841
140450
87686
5G3389
21
894
77497
3272040
12188
431841
2140028
Pochahontas ..
21928
35572
19219
7434
30774
8981
229263
2541
40494
112666
Pottawattomie
124630
419489
90679
33369
598971
63
475
47238
1750038
6278
168081
1252629
Powesheik
208989
48697
171589
57312
762826
85748
35711Q5
11416
833565
2393022
Page.
156782
175471
115484
22659
355792
1220
20235
71386
2239013
9758
346507
1293463
Plymouth
58233
51012
41379
33628
412736
10
160
10097
175778
4161
120137
434123
Palo Alto
18517
32225
10679
8606
23208
825
6641
142057
2979
46859
96616
Ringgold
18400
58929
50373
10026
78851
125
1762
35613
1145987
9118
255007
1115782
Scott
235515
19123
183742
4,698
762815
40
618
59071
2226346
15915
528868
8011873
Story
145649
43974
90387
26658
930S97
8
20
51218
1783417
11273
348265
1033743
Shelby
53180
39326
41230
22020
317944
17674
689556
2251
$1616
5+3026
Sioux
89824
367391
83515
22096
251286
6780
92038
4591
45096
166980
Sac ...
81336
47201
24179
11056
110094
10
8662
279716
3035
6599
238880.
Taylor.
1028G]
235515
79142
15116
206813
244
8068
48260
1419680
8718
269657
908476.
Tama
255182
90222
21 1941
97013
1487807
73251
2842859
13514
884469
2316405.
Union
57005
33216
45826
10586
141188
53
960
21063
1190930
6127
187748
624260.
Van Buren.
15367-1
99328
113263
7.155
58808
76846
10928
121854
50211
1823622
12596
853698
1439586
Wayne.
147766
66795
117689
10373
143
1236
65625
2405187
13242
867896
1861376
Warren.
191265
167178
159737
42175
654679
61
910
80280
3561365
8391
281510
2208392
Winnesheik
246140
131670
259169
112175
1813465
27185
977316
24307
8216508
2265252
Woodbury
44179
57097
33097
15213
2:8875
14647
490371
3012
91647
298209.
Worth ..
48027
45957
82157
23092
410487
3530
122291
4445
161557
396506.
Washington
225176
555521
157884
41646
469879
1439
14193
73265
2892241
15701
458320
2035264
Webster.
97238
61744
70010
30354
891051
5
207498
Winnebago.
270
28713
7491
733342
17589
30625
12421
8939
162281
11
1374
917911
52425
1327
45109
140219
Wright
85516
32387
280.57
13629
196166
10089
281821
4184
135176
288685
Wapello.
150209
63491
135173
17369
157535
1617
36159
57035
2143791
1:570
293590
1455819.
Totals.
12627850 8410435 9354905 3690711 42669731
69188
759:277
4700176 |1862845421 982994
29144352 $131536747
James 0
The Jordan
HISTORY OF DAVIS COUNTY.
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INTRODUCTION.
A Nation grows, and from its central points its population spreads itself and forms new civic communities. Whatever may be the incentives or motives that prompt this movement, and the outcome of man's attempt to turn the wild domain to his advantage, they are themes for the fruitful reflection of interested persons-themes which increase in interest the more they are earnestly and carefully examined. These movements of men, as they develop themselves, create the material for history. But history, as such, cannot reproduce the life of a people in all its varions details. It must be content with exhibiting the development of that life as a whole. The thoughts, imaginings, dealings and doings of the individuals, however strongly they may reflect the characteristics of the national mind, form no essential part of history. While it may be correctly said, however, that the life of the individual is intimately bound up in that of the State or Nation, it may also be said on the other hand, that the State or Nation exists only through the unity of their individual membership, that it is not the coun- terpart of individual views, but the results of an intelligent and harmonious combination of opinions, though which are often conflicting when first advanced. Human thought and action must harmonize when fruitful results are achieved in any civic or other department of State or Nation. Change -far-reaching and radical is written on the face of opposing elements -a change that affects not the individual, nor a class of individuals, merely, but the united whole. Here is where history becomes possible- where it reaches beyond the scope of mere biography, admits of those broader generalizations which are the very foundation stones of the philos- ophy of history, and without which there can be no intelligent comprehen- sion of the development and sequence of events, and the results to which they lead.
What is thus true of a State, is equally true of its component parts. Laws are not limited in their application; bnt are so general in their philo- sophieal dednetion, that they warrant broad inferences. and are specific enough to apply to the minutia of the smallest civic division.
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324
HISTORY OF DAVIS COUNTY.
While, it is true, the history of a single connty-embracing, as it does. but a limited territory and a meager population-may present none of those grander laws in obedience to which nations exist and flourish, and by which their power is felt, nevertheless, those principles which make history possible, are found in every community, and find a harbor in every heart. Then there is the added faet, that. the history of the county comes nearer to the individual life and character of its citizens, than does that of the State or of the Nation of which the State forms a part.
The spread of population merely, the politieal progress of a people and the military annals, are a part only of our history, and that part which is most easily discerned. The American of the present day wants to know how his ancestors lived, how they looked, what clothes they wore, on what they fed, what were their daily tasks and conversation, and how life dealt with them. This is the most difficult part of history to reproduce accurately ; but it is, after all, that which gives us the clearest and most vivid insight into the spirit of the past. This important element should never be over- looked, for in no other manner can the intellectual growth of the people, the amelioration of manners, the changes in habits and customs, the ad- vanee in science and art, the progress of invention, the relation of classes, the increase of prosperity, or the want of it, the moral condition of society, and the every-day life of the people, be understood and made to subserve the interests of the present. The events that are recorded, are such as oe- eurred at our very doors, were compassed by men whom we know, and which affect our individual interests for weal or for woe. It is not only while these events are fresh in the memory that one may form accurate esti- mates of their relative importance, and be impartial and candid in forming his judgments; but he may also, from present eirenmstances which have an origin in remote times, and which are historical in the largest, fullest, truest sense, freed from myth, or conjecture, or uncertain tradition, read the promise of the future. It is beyond doubt true, that those most closely identified with great or sudden revolutions in opinion or in government, are least competent to decide on their valne; they make history; the student of after years decides the correctness of their theories, or the justice of their canse, and deeides, too, under eirenmstances which preclude the bias of partisan feeling. There is that entire originality of work, that subtlety of thought, that carefulness of conversation, that catholieity of views, that honest, kind, perhaps keen criticism of events and men, in the work of those who write years after events have transpired, which they who lived at the time, and contributed to them, are unable to exercise.
The history of a county exhibits a much more limited series of facts in
325
HISTORY OF DAVIS COUNTY.
their proper connections, of which, indeed, each individual one is interest- ing in its proper place-doubly interesting, perhaps, because it marks the progress of thinking, toiling men, in our very presence; men who have lived in the same moral and social atmosphere, struggled for the same ends for which we have struggled. acquired their experience and reputation in the same manner, and exhibited the same loves and hates, the same pro- elivities and sympathies. This is the purely biographical element of his- tory-that element which opens to us the sources of human activity, and enables ns to read how far and in what manner the views of individuals became impressed on publie life and morals. It enables us to know the kind of men who become leaders. to note the conditions and results of their successes or defeats. This is the part of history directly affecting the indi- vidual man, because from it does he select his type of character, of thought and of conduct. The remark of Plutarch is most applicable to the reali- zation of individual hopes and wishes, for it depiets the true conditions of success.
He says: " Whenever we begin an enterprise, or take possession of a charge, or experience a calamity, we place before our eyes the example of the greatest men of our own or by gone ages, and we ask ourselves how Plato or Epaminondas, Lycurgus or Agesilaus would have acted. Look- ing into those personages as into a faithful mirror, we can remedy our de- fects in word or deed. Whenever any perplexity arrives, or any passion disturbes the mind, the student of philosophy pictures to himself some of those who have been celebrated for their virtne, and the recollection sus- tains his tottering steps and prevents his fall." Such inspiring examples as these are the kind that have given to the world names in every walk of life that will never die.
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