USA > Iowa > Delaware County > History of Delaware County, Iowa, and its people, Volume I > Part 8
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As a county board the commissioners were "considered a body corporate and politie." and could "sue and be sued, plead and be impleaded, defend and be defended, answer and be answered unto, in any court, either in law or equity." They were required to hold four sessions,-on the first Mondays in April, July, October and January respectively,-in every year. Any two of the commis- sioners were competent to do business. Their compensation was limited to $2 per day ; and the total number of days occupied at the regular sessions of the board in any one year could not legally exceed eighteen. All records and pro- ceedings were kept by a clerk, who was for a time appointed by the board, but afterwards elected by the people.
The authority of the commissioners was remarkably wide and comprehensive -perhaps greater than that of any subsequent loeal administrative body. They were entrusted with the supervision of finance and taxation. At their April session they received, inspected and, if necessary, revised the assessor's books, and levied a county tax ; and as directed from time to time by law, they levied a territorial tax. They were empowered to organize the county into townships; to divide the county into road distriets, and to form school districts. They were authorized to lay off towns, establish, change, open and vacate roads, and oeca- sionally divide the county into commissioner districts. They created election precinets, appointed judges of election and fixed the place of holding local elections. They were required to prepare lists of persons for grand and petit juries ; to furnish suitable rooms for the District Court ; to procure for the county a set of weights and measures. They were entrusted with the entire and exeln- sive supervision of the poor in the county, and were authorized to build poor houses and work houses for paupers. They could borrow money for the erection of courthouses : could appoint agents to dispose of the county real estate; could select a county seal; could grant grocery licenses, and license ferries. They ordered special elections; appointed road supervisors, and filled vacancies in various county offices.
Besides the county commissioners the other officers of the county were: a treasurer, a sheriff, a recorder, a surveyor, a coroner, a publie administrator. 'justices of the peace and constables. It was under the law providing for commissioners that Delaware County began its career.
The boards of county commissioners administered the government of their respective counties until the adoption of the Code of 1851, when the county judge was invested with the usual powers and jurisdiction of a commissioner and of a judge of probate, and with such other powers and jurisdiction as are conferred by this statute. The county judge was a funetionary with multifarious duties and he wielded an immense power within his proper county. The major- ity of counties chose good men and the system had many friends but the tempta- tions which were presented in many counties-especially in some of the newer ones in the Northwest-were too strong to be resisted by the greedy adventurers who went thither among the pioncer settlers.
56
HISTORY OF DELAWARE COUNTY
However, the old connty judge system continued to be the law of the state until the Eighth General Assembly, after a protracted and bitter contest. passed what was popularly known as the county supervisor law, which was included in the revision of 1860. This provided for a board of supervisors consisting of one from each civil township, to which was committed the administration of county affairs. This law remained on the statute book until the adoption of the Code of 1873, when the number was redneed to three persons in each county, except in certain specified cases, when it eoukl be increased to five or seven. With this amendment, the county supervisors law has remained with no material change until the present time.
The intent in the passage of the county supervisors law was evidently to found a representative system similar to that of the State of New York, where the organization of each town or township is independent and complete in itself, in which "home rule" prevails and in which most of the functions of eivil gov- ernment legally affecting the interests of the people are exercised. In New York a bridge may be built by the people of a town. but in lowa the authority of the county had to be invoked. This condition of things led to burdening the board with duties and obligations which should have been acted upon and discharged by the township authorities. That defect in the law resulted in a system of "log rolling," which detracted from its popularity at the beginning. In order to secure needed improvements in their own localities, members of the boards were too often compelled to vote for schemes which they otherwise would have opposed. This state of things led to the reduction of the membership of the boards to where it still remains.
The county judges, deprived of their functions as administrators of the business affairs of the counties, still retained the probate business until the establishment of the Circuit and General Term courts. Their duties were assigned to the first named court. By a law of the Twelfth General Assembly creating the office of county anditor, it was further enacted-"That the county judge in each county shall be, or officio anditor after the 1st day of January, 1869, and shall discharge the duties of county auditor until the auditor shall be elected and qualified; and after the said auditor shall be elected and qualified, the office of county judge shall cease."
CHAPTER IV
SOME EARLY PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
On the 19th day of November, 1841, at the house of William Eads, at Eads' Grove, the commissioners of Delaware County met for the first time and per- fected the new entity's organization. From the fact that William II. White- side's name was first on the list of commissioners and in the absence of any record as a further guide, it is presumed he was placed in the chair. Charles W. Hobbs was appointed elerk to the board and performed his duties efficiently and satisfactorily. It is presumed the officials all took the oath of office prescribed by the statutes and entered into bond for the faithful performances of their several duties.
It goes without saying that the county at this time had no money in its treas- ury. There were but a few families within its borders and they were busily engaged in securing a foothold in the new county, chosen for homes for them- selves and their children. They had little money. But it was essential that the new goverment should keep moving on its way to completion and in order to accomplish its aims one of the first essential moves was the acquisition of the land chosen for the county seat. With no money in the treasury and credit nil, the county did not start out on its career under very propitious conditions. Be that as it may. a move forward was absolutely necessary. The exigency must be met and to further this end. on the 20th day of November it was "Ordered, that William II. Whiteside be and he is hereby authorized to borrow money to enter the county seat, and he is not to exceed 40 per cent interest for the loan thereof; and that he enter the quarter section on which the county seat is located, for the benefit of the eounty board."
The second meeting of the board of commissioners convened at the house of John W. Penn, January 17, 1842. at which time it was ordered that Fayette Phillips be appointed county assessor; Charles W. Hobbs, county recorder; Robert B. Hutson, county treasurer : and Joel Bailey, county surveyor. Why these appointments were made does not appear by the record, as all of the appointees except Hobbs had been elected in the previous August. On the 18th, John W. Pen was appointed county collector, and Daniel Beck, constable, in Eads' precinct.
Commissioner Whiteside, who had been appointed a committee of one to borrow money for the purchase of land entered for the county seat, reported his failure to secure the requisite funds and at the JJanuary meeting the order appointing him for the purpose was rescinded. Thereupon, on the 18th of Jan- nary, 1842, the board passed the following :
"Ordered that Daniel Brown be and he is hereby authorized and empowered to borrow money on the best terms he can, not to exceed 25 per cent,
57
58
HISTORY OF DELAWARE COUNTY
to enter the county seat, and if he can get the money, he is authorized to enter the county seat as soon as the money is procured, without any delay, for the use and benefit of the county."
As up to that time no name had been given the county seat, and the county commissioners not being willing to take the responsibility of giving the county capital, a title, they left the matter to a number of their constituents, who were at Penn's Grove attending this session of the commissioners' court. Among them several names were suggested. J. W. Penn mentioned Chester. Mary's- ville, in honor of Mrs. Mary E. A. Hobbs, was also suggested. Joel Bailey and John Keller proposed Delhi as a suitable name, giving as a plausible reason that Delhi was the county seat of Delaware County, New York. Upon a vote being taken on all the names that came before the assembly, Delhi received the greatest number. The result of the informal vote being reported to the commissioners, the following action was taken :
"Ordered, That the county seat of Delaware County be and it is hereby called and named Delhi.
"Ordered, That the county surveyor proceed to survey and lay off the county seat into lots, on the 15th day of March, or as soon thereafter as the weather will permit.
"Ordered, That the county commissioners shall meet the county surveyor at the county seat on the 15th day of March, or as soon thereafter as the weather will permit."
At the same session of this court the commissioners "Ordered, that the pres- ent seal of this board be ' (CC),' and that it shall be affixed to any instrument of writing appertaining to this board, which may require a seal thereto."
Another matter of some importance to the newly organized county took place on January 18, 1842, wherein the Territorial Legislature approved an act to locate and establish a territorial road "from the county seat of Delaware to Dillon's mill; thenee, across the river and running the east side of the Maquoketa to the falls on said river, at the Town of West Cascade." For this purpose, Joel Bailey, of Delaware County, Edward Steel. of Dubuque County. and Mahon Lupton, of Jones County, were appointed the commissioners. By an act approved February 16, 1842, the Maquoketa River was declared to be a publie highway for navigable purposes whatsoever and owners of mill dams and other dams were required "forthwith to construct such chutes or loeks. at least 20 feet wide and 120 feet long, for the passage of flatboats or other boats, crafts, ete."
The connty commissioners met at the house of John W. Penn on April 4. 1842. Eugene Hubbard, David Moreland and Montgomery, were appointed judges of election in Moreland precinet : Clement Calkin, Morris Reed and Henry W. Lyons, judges of Eads' preeinet ; and Abram Whiteside, John Corbin and John Keeler, judges of election in Schwartz' precinet, for the year 1842.
At this session the board provided for the payment of Surveyor Bailey and his assistants for laying out the Town of Delhi.
But on the following day, April 5th, Daniel Brown, who had been authorized by the board to borrow money to enter the county seat. reported his failure so to do, whereupon, the board took aetion as follows:
59
HISTORY OF DELAWARE COUNTY
"Ordered, That William H. Whiteside be, and he is hereby, appointed to attend to the entry of the county seat, and if it is entered to obtain a bond from H. W. Sanford, for the execution of a deed to the county upon the payment of the entry money with 25 per cent interest.
"Ordered, That William II. Whiteside be and he is hereby authorized to sign a note in the name of the county commissioners for the payment of the money borrowed to enter the county seat."
The board on April 6th, ordered the place of election in Schwartz' preeinet changed to the house of John Corbin, and as the courthouse, which had volun- tarily been built by the settlers needed a roof, windows, door, ete., the com- missioners "Ordered, That William Eads he and he is hereby authorized to contract with a carpenter for work to be done on the courthouse at Delhi, accord- ing to a bill of particulars, and he is limited not to exceed $65 for the same, to be paid in county orders."
The board again met July 5, 1842, and ordered the payment of $12 each to Samuel Clifton. Joseph Hewitt, Calvert Roberts and Alfred Brown, for services rendered in laying out the road from Dubuque to Camp Atkinson. An order was also passed for paying Alfred Wilson and Moses Hewitt, as chain- men, and George Culver, as stake driver.
Under an act passed by the Territorial Assembly, February 10, 1842, the county commissioners were required to pay William Smith, Sr., William Jones and Thomas Denson, $3 per day for their services as commissioners in locating the county seat in 1840, "out of any money in the county treasury of said connty not otherwise appropriated."
Smith at onee presented his bill but there was no money in the treasury and it did not appear that there would be any for some time to come. However, the following order was passed by the commissioners :
"Ordered, That William Smith, surveyor of Dubuque County, be paid $42 out of the treasury in any money not otherwise appropriated. for his services in loeating the county seat of Delaware County, as per account filed in this office."
The first action of the commissioners in relation to county roads appears of record at the July session, when it was
"Ordered, That the road running from the Dubuque road, near Mr. Floids, to the white oak grove, from thenee to pass the schoolhouse and interseet the road running from Prairie du Chien to the county line of Delaware, be and the same is hereby established as a publie county road, and that David Moreland, Missouri Diekson and W. Wiltse are hereby appointed commissioners to locate the same, and that Ezra Hubbard is hereby appointed supervisor of the same."
The first action taken by the board in relation to the fixing of rates of taxes for the year 1842, took place at the July session, and is as follows: Levy on taxable property for county purposes, 434 mills on the dollar : poll tax on every white male inhabitant between twenty-one and fifty years of age, $1; territorial tax on all taxable property in the county, one-fourth mill on the dollar.
The first tax assessed in Delaware was in 1842 and the first assessment roll has been carefully preserved and is now a part of the public archives of the
60
IIISTORY OF DELAWARE COUNTY
county. The document was written on two sheets of letter paper by Charles W. Ilobbs, clerk of the commissioners' court and is hereto attached in its entirety :
ABSTRACT OF THE ASSESSMENT ROLL OF DELAWARE COUNTY, AS RETURNED AND ACCEPTED BY THE COUNTY COMMISSIONERS FOR 1842
TAXES DUE
HOW PAID
John Corbin
$3.1434
Is to pay $3.30; paid.
Lucius Kibbee, Jr
2.171%
Hobbs pays; paid.
William Eads
3.471/2
Paid.
Henry W. Lyons.
1.95
ITolt pays.
Robert B. Hutson.
3.471%
Paid.
Thomas Eads
2.081/2
Paid.
John Clark
2.25
Paid.
Adin Paddleford
1.75
Paid.
William R. Paddleford
2.041/2
Paid.
Clement Coffin
2.121% .25
Hobbs pays; paid.
Charles Osborn
Emily Tubbs
.25
Paid.
James Cole
1.4516
Paid.
James Montgomery
2.10
Paid.
Leonard Wiltse
2.421%
Paid.
Wellington Wiltse
2.271/2
Paid $1.271%; $1.00.
David Moreland
5.13
Paid; over age; $1.00.
Jacob Landis
1.70
Paid $2.70.
John Mehugin
2.20
Paid.
Missouri Dickson
4.40
Paid.
James Rutherford
2.05
Cr. 60 paid ; paid.
Ezra Hubbard
2.35
Paid; Cr. Blacker, 65.
Gilbert D. Dillon.
3.00
Paid L. J.
Duncan MeCullom
2.05
Paid $1.05.
Job Benson
1.65
Paid.
William Burnham
2.00
Over age: $1.00.
Sammel Whitaker
4.65
Paid.
Joseph Rutherford
2.631%
Hobbs pays.
Orlean Blanchard
1.00
Paid.
William Hoag
.50
Burnham to pay 25.
Joseph Ogleby
1.00
Paid.
Fayette Phillips
2.401/2
S. Philip is to pay 2: paid.
Simeon Phillips
1.72
Paid.
Richard F. Barrett
4.00
Paid $2 (illegible). 2.00.
Eleazor Venters (Frentress)
9.50
Paid.
James Crawford
4.00
Paid.
Jolın Keeler
2.7716
Paid.
John W. Pen.
1.20
Paid over; 30 due J. H. P.
William McMullin
1,50
Eads paid.
Joel Pike
.75
Paid.
William Davis
.75
Paid.
.
61
IHISTORY OF DELAWARE COUNTY
James Eads 1.5314
Paid.
Abraham Whitesides 2.871/2
Paid.
John Cutler 1.50 Paid.
D. R. Dance.
2.25
Hobbs pays; paid.
Josiah Fugate 1.061/1
Paid.
John B. Bennoist .
1.6216
W. L. Woods.
1.25
l'aid.
Edmund Scoggins
1.40
IFobbs pays ; paid.
Daniel Brown
1.65
Paid.
Morris Reed
1.4116
Paid.
Alexander Browne
2.1734
Paid.
John Hinkle
1.3716
Paid.
Hiram Minkley (Minkler)
1.38
Paid.
Horace Tubbs
1.30
Henry Baker
2.224/.,
Paid.
Jacob Clark
1.14
Eads is to pay.
Joseph Lull
1.5016
Over age; $1.00 paid.
Charles W. Hobbs.
1.9216
Hobbs pays ; paid.
Thomas Coal (Cole)
2.2714
Eads pays.
William Montgomery
1.121%
Over age; $1.00 paid.
Albert Baker
1.30
Paid 30 cents.
Cyluis (Silas) Gilmore
1.75
Paid.
R. Torents (Torrence)
1.25
Paid.
Morris Dean
1.40
Paid.
John Bradley
1.96
Paid.
William Hite
.25
Paid.
Hawley Lowe
1.45
Paid.
O. A. Olmsted
1.47%
Paid.
John Delong
1.821/%
Ilugh Livingston
1.30
Paid.
Angus Madison
1.421/2
Paid.
Hugh Rose
1.571%
Paid.
John Livingston
1.60
Paid 60; L. J. 60 paid.
James Livingston
1.60
Over age; $1.00 paid; 60.
Rheinard Kameron
1.13
Paid.
Arthur Laughlin 1.131%
Paid.
Roland Aubrey
1.55
Paid.
Leroy Jackson
2.2216
Paid : L. J.
Henry A. Carter
1.40
Hobbs pays ; paid.
Hannah Carter
.85
Ilobhs pays ; paid.
Jefferson Lowe
1.1216
Paid; L. T.
William Nicholson
1.25
Paid; L. J.
Hemy W. Hoskins
1.00
Paid.
Jolın Paddleford
1.00
Paid.
Allen Fargo
1.00
Paid.
Phipps Wiltse
3.00
Liberty Coale (Cole)
1.00
Paid.
Jacob Moreland
1.00
Paid.
62
HISTORY OF DELAWARE COUNTY
Joel Bailey
1.00
Paid.
Cyrus Keeler
1,00
Paid.
Amesy ( Amasa) Wiltse
1.00
Theodore Marks
1.00
Paid.
George Cutler
1.00
Paid.
John Stansberry, paid.
1.00
Paid.
Charles Bennoist
1.00
Paid.
W. II. Whiteside, pole
1.00
William Ilite, pole.
1,00
Paid.
Credit
$177.6134
By error in Barrett's tax
.25
$177.3634
(The following are in a different handwriting, but the payments noted are by the same hand as the foregoing :)
A. J. Blackman
1.00
Paid.
James Cabinow
.50
Paid.
Frank Mefet (Moffatt)
.50
Hobbs pays.
Daniel Thornsburg
1.00
Franklin Culver
1.50
Paid $1.00.
Samuel Kelly
1.20
Paid.
Iria A. Blanchard.
.25
Paid ; L. J.
Laurense Muliean
1.00
Theophilus Croford
.50
Paid.
Jacob Landis
1.00
Paid.
Abner Eads
1.00
Paid.
177.34
$186.79
6.00
$180.79
Delaware County, lowa Territory, ss .: In the name of the United States of America, Iowa Territory, to-wit :
Leroy Jackson, Collector of Taxes for Delaware County: You are hereby commanded to collect the taxes charged in the foregoing abstract of assessment roll, by demanding payment of the persons charged therein, and sale of their goods and chattels, severally, or by sale of the tracts of land or lots mentioned in said abstract, according to exigeney, and that you pay over all moneys collected by you by virtue of this precept, as directed thereby, monthly, and that you return this precept, together with the abstract of the aforegoing roll, and an account of your aets thereon, to me on or before the first day of January next ensning date hereof. CHARLES W. HOBBS,
Clerk to County Commissioners of Delaware County, lowa Territory. September 5, 1842.
63
IIISTORY OF DELAWARE COUNTY
The reader will have noted with some pleasure, if not considerable surprise, the closeness with which the tax of 1842 was collected.
William II. Whiteside, Simeon Phillips and Missouri Dickson were elected county commissioners at the regular election held in August, 1842, and held their first session of the Commissioners' Court on the 4th of October following, at the house of Mr. Penn. At this time the court appointed Simeon Phillips as contractor for "finishing the courthouse according to a bill of partienlars, the whole not to exceed in cost $65, to be paid in county orders." John Ilinkle was appointed supervisor for that part of the territorial road from Dubuque to Camp Atkinson, running through Eads' precinct.
At the meeting of the Board of County Commissioners in January, 1843, Theodore Marks, county treasurer, was ordered to obtain an account book. The treasurer's book of 1843 contained the following entries of money received : January 4, G. D. Dillon, justice of the peace, fined Joseph Gallahan for breach of the peace on Lucius Kibbee, $5.
January 12, James Rotherford, constable, fine of Horace Mallory for breaeli of the peace, by William Montgomery, justice of the peace, $5.
January 25, William Montgomery, justice of the peace, fined Missouri Dickson for breach of the peace on Ezra IInbbard, $5.
July 20. licenses to David Brier to trade one year (warrants), $25.
April 4, 1843, the Commissioners' Court met at the house of Simeon Phillips, at which time Rufus B. Clark, Doctor Brewer and Stephen Sanford were ap- pointed judges of election for Buchanan preeinet for 1843. The house of James Sanford was designated as the voting place. This would indicate that Buchanan County was attached to Delaware at this period. At the same meeting John Hinkle, supervisor of the territorial road at Eads Point precinct, was removed and Daniel Brown appointed in his place.
On April 4. the commissioners ordered that Lewis Walls, a pauper in Eads' precinet. be notified to leave the county.
The board met at the house of Simeon Phillips on July 3d and received a petition for a county road from Delhi to the "Colony." The proposed road had been "staked out" by the settlers in 1842 and a bridge built by them aeross Plum Creek but a county road was now desired. It was thereupon "Ordered, That the petition for a road from Delhi to the Colony be and the same is hereby granted and that Missouri Dickson, John Keeler and Charles W. Hobbs be, and they are hereby appointed viewers to locate the same."
At a meeting of the board convened January 6, 1844, the viewers who had employed Joel Bailey as surveyor, made a report of their work, which was accepted by the board and the road was ordered as surveyed, to be regarded as a county road.
The commissioners at this July meeting ordered that William Eads be paid $18 for keeping Lewis Walls, a pauper. three months, and Walls was notified to leave the county as ordered. Eads was also employed to board said pauper twelve weeks longer and to purchase for him two eotton shirts and two pairs of cotton drilling pantaloons.
In August, 1843, at the regular election the old board of commissioners was reelected and held its first session of the court October 2d. One of the first acts of that body was to notify James Miller, a pauper, to leave the county at
64
HISTORY OF DELAWARE COUNTY
onee. At the January term of the Commissioners' Court, held at the house of Simeon Phillips, it was ordered that "the returns made of the survey of the Colony road from Delhi be, and the same is hereby accepted, and ordered to be recorded as a public county road."
The courthonse was still in an unfinished state. The county had been unable to borrow funds, but notwithstanding, the board passed an order on January 2d, authorizing William H. Whiteside to "contract for the finishing of the courthouse."
At the April session the commissioners met at the house of Simeon Phillips and provided for election precincts as follows :
"Ordered, That the election precinct formerly known as the 'Corbin Pre- cinct' (formerly Schwartz), be and the same is hereby divided into two eleetion preeinets, one of which shall be called the Delhi Precinct, and the other the North Fork Precinct.
"Ordered, That the North Fork Precinct shall be bounded on the north by the road leading from Dubuque to Camp Atkinson, commencing at the county line between Dubuque and Delaware, running west until it intersects the Colony road, from Delhi; thence south, to Plum Creek; thence down Plum Creek until its junction with the South Fork ; thence down South Fork, to Jones County line; thence east, along the corner of Delaware County; thence north, along the county line between Delaware and Dubuque, to the place of be- ginning.
"Ordered. That the Colony Precinet be bounded as follows: Commeneing where the Colony road from Delhi crosses the Camp Atkinson road, running east, along the Camp Atkinson road, to the Dubuque county line; north, on the Dubuque line, to the northeast corner of Delaware; thence west, along the county line, to Elk Creek ; thence south, up Elk Creek, to the place of beginning.
"Ordered, That the Eads Precinct be bounded as follows: Commencing where the Colony road, leading from Delhi, crosses the Camp Atkinson road ; thence north, down Elk Creek, to Delaware County line; thence west, to the northwest corner of the county; thence south, along the county line, to the township line between 88 and 89; thenee east, to Plum Creek; thence up Plum Creek, to the Colony road ; thence north, along the Colony road, to the place of beginning.
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