USA > Iowa > Delaware County > History of Delaware County, Iowa, and its people, Volume I > Part 11
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CHAPTER VIII CONTESTS FOR THE COUNTY SEAT
As Manchester grew, her citizens became more and more alive to the isolated position held by her and certain sections of the county in relation to Delhi, the seat of government. Manchester had become the chief trading point of the county and furnished a large share of the business to the offices of the county located at Delhi. The approaches to the county seat were in a measure long and difficult; it had poor railroad facilities; Manchester had the Dubuque & Pacific (Illinois Central) and was nearer the center of the county. Her people felt they could accommodate more people than Delhi, and for that matter, any other town in the county, so that, in the spring of 1869, the citizens of Man- chester, by concerted action and according to the rules of law, laid down in such matters, gave notice to the public generally that they would make application to the board of supervisors for an order submitting to the electorate, at the general election of that year, the question of removing the seat of government from Delhi to Manchester. This necessary preliminary having been observed, petitions were industriously circulated in all the townships, which every man of voting age was asked to sign, praying for the order mentioned in the notices, and when the board of supervisors met in June, that body canvassed the peti- tions and determined that a majority of names had been secured by the petitioners for the desired object. Being thmus encouraged, citizens of Manchester raised a fund of $12,000, and pledged that sum for the erection of a courthouse, in the event that the county seat should be removed to their chosen locality. This gave rise to the question as to where the building site should be chosen. This man at Manchester had a tract of land he thought peculiarly adapted to the purpose; that man had many arguments to advance that the best site for a courthouse was on land owned by him. Petty jealousies were thus engendered and so complicated plans for the campaign mapped out by men having no ax to grind, but a real desire to attain the end sought, that many who were in favor of Manchester became disgusted, and others indifferent, all of which did not escape the enemy, but added zest and determination to their efforts to retain what they already possessed. Delhi and her cohorts went into the fight with great energy, being strongly fortified by the Davenport & St. Paul Railroad Company, whose officials generously contributed the main sinew of war-funds -to the Strawberry Point and Monticello papers, which published telling articles in favor of the town in possession and against the one seeking to grasp the coveted phun from her mouth. These newspapers were liberally distributed, week after week, among the electors of Elk, Union. Honey Creek, Oneida and Hazel Green townships, and were potent factors in inducing many to vote for the retention of the county seat at Delhi. No better evidence was needed than the result at the polls in October, when the election showed that Manchester had been defeated in her ambition by a majority of 367.
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But Manchester bided her time. One defeat only whetted the appetites of her people for another and similar battle. Again resolved to enter the lists, she opened her batteries upon the defenses of Delhi and in 1874 petitioned the board of supervisors for an election to determine where, as between Manchester and Delhi, the county seat should be located. This time it did not appear that the petitions contained a sufficient number of names of the qualified voters of the county and the prayer of the petitioners was denied ; consequently, that body declined to order an election.
A third attempt was made to wrest from Delhi that which she prized most highly. In 1875, Manchester, Delaware and Earlville, not as allies, but each having aspirations, petitioned the board of supervisors for an election, to deter- mine the county seat question. Remonstrances, generously signed by those in favor of Manchester, cleared the field of action of Earlville and Delaware, at the April term, and then the Manchester contingent put forth its best licks in securing signatures to petitions circulated in the various towns and townships. The board met in June and canvassed the papers. But the entire bar at Delhi was engaged to represent that place and made it clear to the board that the Manchester petitions were imperfect, in that many of the names thereon were also to be found on the remonstrances. A legal battle then ensued, in which Delhi came off victor. The matter finally reached the Supreme Court, in the month of August following, and the relief accorded by that tribunal was of no avail.
In the year 1869, when Manchester first clashed arms with Delhi, both Dela- ware and Earlville petitioned for a hearing before the board but soon found they had no status worthy of notice by that body. Each town again was among the combatants, in 1875, and got short shrift on that occasion. But once again Earlville tried her chances, this time in the winter of 1876, when her adherents were more successful and on petition an election was ordered, to decide the issue. Earlville offered $10,000, to be expended in building a courthouse, and had high hopes of the election's results. Manchester stood back, calmly and hope- fully awaiting the decision of the Supreme Court in her case. Tire campaign went on with good feeling manifested by everyone, but Earlville simply was not in it and was "snowed under" by an overwhelming majority.
MANCHESTER CAPTURES THE COUNTY SEAT
It probably occurred to many of the thoughtful and far-seeing men of Delaware County that it was only a question of time when Delhi should be compelled to part with her hold upon the county seat. Delhi's railroad facili- ties were not of the best; the town was difficult and inconvenient for large numbers of the taxpayers to reach : hotel accommodations were inadequate, and many reasons, seemingly plausible and potent, were advanced against her reten- tion of the seat of government. Manchester had grown vastly as compared with Delhi. As a matter of fact, the county seat had not increased its popula- tion to any appreciable extent in years.
In the spring of 1880 the people of Manchester and vicinity, including many citizens of the west half of the county, came to the conclusion that Manchester would accommodate more people than either the present county seat of Delhi
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or any other town in the county; therefore, they took necessary steps to have a change of county seat from Delhi to Manchester and a meeting was called and a committee appointed for the purpose of taking charge of the matter; and competent men were selected to circulate a petition for that purpose. The petition was industriously circulated by these agents appointed therefor, and they made a very thorough canvass, particularly of the west half of the county and a portion of the east half. No sooner did they commence to circulate the petition than the people of Delhi and vicinity, and those in favor of keeping the county seat where it was, cirenlated a remonstrance against the removal and they were as industrious in the circulation of their remonstrance as the petitioners were in eireulating their petition. The petitioners had served a notice that the petition should be presented at the June term of the board of supervisors in 1880, and in accordance with that notice, the petitions were filed at that term and the remonstranees were also filed at that term ; and the matter came before the board of supervisors.
After several days' examination of the names upon the petition and upon the remonstranees, and ascertaining how many of the petitioners had signed the remonstrance, the board of supervisors made the following finding: That the petition contained 133 names more than the remonstrance and that the number on the petition was larger than the majority of voters of Delaware County, as found by the last preceding eensus. Whereupon, the board found that the petitioners were entitled to the order they asked for, that a notice of an election be had to determine the question of removal of the county seat from Delhi to Manchester; and, on the 28th day of June, the board of supervisors ordered that a vote be taken on the question of removal at the next general election, to vote on the proposition of relocation of the county seat from Delhi to Manchester.
Immediately after its finding, the remonstrators removed said eause from the board of supervisors to the Circuit Court of Delaware County, Iowa, upon a writ of certiorari, to review the action of the board in respect to this removal.
At the general election of this state on November 2. 1880, the electors of Delaware County voted upon the question of this removal and the result of that vote was canvassed at the November term of the board of supervisors, when it was found by said board that the majority of the electorate was in favor of the removal of the county seat from Delhi to Manchester, this majority being 487. Two thousand one hundred and fifteen votes were cast in favor of removal and 1,628 against. Whereupon, said board declared that the majority of the votes being cast for Manchester "Manchester is therefore declared to be the county seat of Delaware County, Iowa."
Immediately thereafter the remonstrators filed a notice of appeal of the decision and order of the board to the Circuit Court of Delaware County, Iowa, and asked for a writ of injunction, which writ was served upon the board of supervisors and, the remonstrators filed their proper bond and asked for and obtained a writ of injunetion to enjoin the supervisors from removing the books and papers from Delhi and to reverse the order of removal.
This cause was afterward heard before the Circuit Court at the November, 1880, term thereof. The finding and order of the board of supervisors were decreed to be right and the action of the board was affirmed, whereupon, the
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remonstrators immediately upon the rendering of the decision of said District Court, filed notice of appeal to the Supreme Court of the State of Iowa and perfected their appeal. The petitioners, believing that the Supreme Court would affirm the decision and judgment of the District Court, disregarded such appeal and, the injunction having been dissolved and being therefore dead and having no effcet in restraining the petitioners from removing the records, papers, ete., from Delhi to Manchester, they proceeded at once to remove all the records and papers to Manchester. The Supreme Court affirmed the decision of the court below after the records and papers were removed to Manchester.
DELAWARE COUNTY INSTITUTIONS
COURTHOUSES
The first temple ( ?) of justice erected in Delaware County was far from being an imposing affair, but it took as long to finish its construction as a modern state house. If the Commissioners' Court made provision for the building prior to its erection, the clerk's minutes show negligence or oversight in not mention- ing this important detail. However, the courthouse was put up by the settlers all joining hands during the winter of 1842. These hardy pioneers gathered at Delhi and, with axes aud teams cut logs and hauled them on the frozen lake, from the timber ou the south side, and raised a log cabin 18 by 24 feet, and two stories high. "The gable ends were 'cobbed up,' and the ribs and ridgepole placed in position ready to receive the 'shake' roof." The lower floor was designed for the court room and the upper for the juries. The floors were laid with lumber hauled from Olmstead's Mill, but years elapsed before the building was given a roof and for an equally long time it was the only building in the county seat.
Although continuous efforts were made by the commissioners to seeure money to finish the courthouse, nothing in that direction was accomplished for years. The insignificant (at this time) sum of $65.00 could not be raised to put on a roof, windows, doors and other necessaries. As late a day as July 2, 1844, more than two years after the building was creeted, the commissioners occupied the primitive courthouse for the first time, but it still was devoid of a roof.
The first term of the District Court was held in the log building, but the jury room on the npper story, only having a frail board floor with an approach by ladder on the outside, the grand jury held its deliberations in a grove a few rods. southwest. This spot, it is said, remained the "jury room" until another courthouse was built.
OLD COURTHOUSE AT DELIII
History fails to record whether or not the log courthouse, built in the early spring of 1842, ever succeeded in getting a roof. One thing is certain, the build- ing was a failure, for when the weather became inelement the Commissioners' Court was held at the house of a settler, even np to the time it was abandoned by the county. Another and better building was needed for county purposes,
FIRST COURTHOUSE AT DELHI. BUILT BY THE SETTLERS
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but how to seeure it was a serious and weighty problem with the men at the head of affairs. The county treasury was in its normal condition-empty; county orders were a drug on the market and rarely brought over fifty cents on the dollar : the eredit of Delaware County was a negligible quantity. The only real estate owned by the county that could be negotiated was in Delhi town lots, but these were only valued at $5 apiece. With all these difficulties in the way, the commissioners, nevertheless, ordered the building of another courthouse and in April, 1850, resolved to advertise for bids "to build a courthouse." No con- tractor seemed to fancy the job, whereupon, JJudge Doolittle and William Price, neither of whom was an experienced mechanic, secured the contraet for furnishing the timber for the structure, at 5 cents per running foot. With axes and a bor- rowed broad-axe, these patriotic pioneers cut and hewed timber for the court- house, and jail to be built in the basement, and received pay in warrants or Delhi lots, the latter at the rate of $5 the lot. But the building was not completed until the year 1853 and many were the claims presented for work and material. of which a few samples are here appended : Samuel Bird, labor, $7.87; Z. A. Wellman, cash paid, $12.80: Joseph Mitchell, boarding hands, $7; Simeon Ellis, timber, $28: Jasper Seward. labor. $6.87; Henry Crawford, labor, $4.87; H. A. Carter, $45.25: Charles Cousins, labor, $5.73; John Benson, lumber, $58.77; G. W. Gregg, labor, $2.37 ; Simeon Ellis, timber, $7; John W. Clark, lumber, $25; H. A. Carter, commissioner and services on courthouse. $23.50.
Payments for material and work were made in warrants at 50 cents on the ยท dollar, and town lots at $5 each. The building was commenced under the super- vision of the commissioners and in August, Judge Benson, succeeding the com- missioners in authority, superintended the laying of the foundation, building of the basement, or jail walls, and raising the frames. When the building had advanced to this stage, nothing further was done for a year thereafter. But by 1853 Delaware County had a new courthouse and jail and, it is said, all was paid for in county warrants and town lots. The structure was a plain frame, and in design and size resembles the traditional district schoolhouse. Underneath is a high basement used for a county bastile. On the main floor was one apartment, designed for the court room, the entrance to which was reached from the ground by a flight of steps. The old log cabin, which was dignified by the name of courthouse, was sold and removed. Its successor still stands upon its founda- tion stones in the plot of ground set apart for the purpose, and was vacated when Delhi lost its proud position of capital of Delaware County. This beautiful tract of land, occupying a square and in the heart of Delhi, was given by the county to J. M. Holbrook Post, No. 342, G. A. R., in the '90s and since then the old courthouse has served the old veterans as headquarters. After Delhi was incorporated in 1900, the Post quit-claimed its title to the old courthouse square, now known as G. A. R. Park. to the municipality. But previous to this the Post had turned over to Delhi Township for a town hall, a two-story brick building, standing in the park, which had been built by the county for the accommodation of its officials and archives. This building was erected under the administration of Judge F. B. Doolittle, in 1857, and cost about five thousand dollars. On the lower floor were the offices of clerk of the court and treasurer; upper floor, auditor and recorder.
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HISTORY OF DELAWARE COUNTY
THE COURTHOUSE AT MANCHESTER
The advocates of the removal of the courthouse from Delhi to Manchester had promised the taxpayers of the county that in the event the county seat should be removed, a courthouse would be erected by the people of Manchester and vieinity free of expense to the county. The petitioners for the removal of the county seat had agreed to furnish a lot and erect buildings sufficient for the officials of the county, having sufficient and proper vaults for the safe and secure storage of all records, papers and archives of the county. It was also agreed that the city hall in Manchester should be furnished free in the interim for use as a conrt room for a period of ninety-nine years. And agreeably to these promises the Manchester people at once erected a two-story frame building with vaults, as promised, on a lot costing about three thousand dollars purchased of the Ray B. Griffin estate, situate on the southeast corner of Main and Tama streets. Here the officials were installed, also the archives and records brought from the okl courthouse at Delhi, and this was the courthouse of Delaware County until the present one took its place. Court was held at the city hall.
For several years after Manchester had secured the county seat, the tempo- rary frame building was used as official headquarters for the various officers, but it did not meet the desires nor the needs of the people. Along in the '90s they manifested a spirit of dissatisfaction and soon they came out in the open and declared it was high time that a courthouse should be built, commensurate with the needs and in harmony with the ability of the taxpayers to pay for it. Thereupon, certain of the citizens filed a petition with the board of supervisors, asking that body to build a courthouse not to exceed forty thousand dollars. The law, however, prohibited the board from expending more than five thousand dollars for any publie purpose, unless the same should be done upon the vote of the people, or had been submitted to the voters of the county. This put a differ- ent phase upon the matter, so that the petitioners became remonstrators in that they feared to have the question submitted to a vote, as the proposition might earry. In that event they conceived the idea that not much of a courthouse could be built for $40.000, and that after the amount voted had been expended an appropriation would be asked for and granted for more money than they cared to pay. These petitioner-remonstrators were thereupon promised by those having the matter in hand that the courthouse would be built for a sum not to exceed forty thousand dollars and that the county would not be taxed for it.
In 1852, Congress passed an aet giving to every state all the swamp lands within its borders. It was found soon after this aet was passed that a good deal of the swamp land had been entered by the people, some paying in cash and others in warrants, so that another aet was passed in 1855, providing that for all land that had been entered prior to 1852, the United States would reimburse the state. Under that act, Judge A. S. Blair was appointed by the board of super- visors to prove up the swamp lands and accepting the office, he performed his duties faithfully and well. For the land that had been entered for cash, he secured to the county $22,000. lle also placed to the county's credit 20,000 aeres of land.
About 1893, when arrangements were making for the building of the court- house, the question was brought up before the board of supervisors as to whether
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this swamp land should be sold and the proceeds applied on the cost of the build- ing. The board agreed that the question should be submitted to the voters at the next general election and that the voters should also pass on the question of applying the dog tax to the sum proposed, transferring it first to the general county fund. The election returns showed that the taxpayers and electors were in favor of using these funds for the purposes stated, and with the bridge fund, which had also been transferred, the courthouse was built in 1894, at a cost in round numbers of $38,000.
On the 29th of March, 1894, a contract was let to Barnett & Record Company, of Minneapolis, Minnesota, for $36,860, that being the lowest, among others, in its bid. Work at onee was commenced in excavating for a foundation and soon material was on hand for a brick and stone structure that is the admiration of all who see it. By an arrangement with their workmen, whereby they should give their services for less than the regular rates in order to secure the contract, this firm put up a building that is first class in every particular and could not be replaced today for $75,000. The design is tasteful and attractive. It fronts on Main Street and has a tower at its northwest corner. The material is red pressed briek, tastefully trimmed with rongh hewn stone. The main entrance and to the second story, is faced and arehed with this rough stone. The building is two stories in height, with an ample basement, and has for its interior arrange- ment the main offices on the first floor. In the second story is a well appointed eourt room with a good seating capacity. Here also are the judge's rooms, jury rooms and offices for the county attorney. The basement is devoted to furnaces and other uses.
The building was dedicated January 7, 1895. The dedicatory exercises were held in Central Opera House, with Judge Blair presiding. Among others who delivered addresses on this occasion were Judge John F. Utt, of Dubuque, Judge A. S. Blair, of Manchester, and II. F. Arnold, of Manchester. Judge Blair opened the first term of court held in the new building. In 1895 a clock was bought and paid for by about seven hundred citizens of the county, and placed in the tower, which now gives the time to the public by night and day.
COUNTY JAILS
As we have seen, the first jail was built in the basement of the second court- house. This in course of time became obsolete and useless, so that a new and more commodious place of confinement for malefactors became necessary. By the year 1877, the question of providing a new building was forced upon the county authorities and on June 28th, a contract was let for the erection of a jail, the price to be $4,898. A site for the improvement was selected a short distance west of the brick office building on the public square, and in the fall of 1878 the structure was completed, at a cost of a little over five thousand dollars. This jail was built of stone, quarried in the vicinity. It was two stories in height, con- tained six cells, three on each floor, an office room on the ground floor and sleeping rooms for jailers in the second story.
THE PRESENT JAIL BUILDING
The citizens of Manchester obligated themselves to build a county jail at Manchester if that place became the county seat, and it was the intention to use
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material in the stone jail at Delhi in its construction. But an offer of $2,300 in cash was made to the county by those having the matter in hand, which was accepted and the county then assumed the duty and cost of putting up the build- ing. For this purpose the board of supervisors at the April term, 1885, Charles Crocker, Ryal Hickox and W. M. Sawyer, were appointed by the board, as a commission, to select and purchase a site for a jail and sheriff's residence, to accept a plan for such building, and make all contracts for the furtherance and completion of the undertaking. Consequently, a site was selected on the south- east corner of Delaware and Tama streets and the jail now in use was built in the fall of 1885 and occupied in January, 1886. The building is a two-story brick. The main part, which is on the corner, has the appearance of a residence and is occupied by the sheriff. The jail proper, with modern steel cells, or cages, is to the rear, on Delaware Street. The contract price was $4,328 for the con- struction of the institution. To this should be added a considerable sum for the purchase of and work on the steel cells in the prison.
TIIE COUNTY FARM
Prior to the year 1862, Delaware County "farmed" its indigent and helpless citizens to any one capable and willing to care for them, at a stated stipend. But the community was growing in population and wealth, also in the number of people needing publie assistance, so that it became imperative that systematic provision should be made in behalf of the county's unfortunates.
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