USA > Iowa > Delaware County > History of Delaware County, Iowa, and its people, Volume I > Part 9
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"Ordered, That the Delhi Precinet shall be bounded as follows: Com- meneing on the township line between 88 and 89 on Plum Creek, thence south down Plum Creek to its junetion with the South Fork : thence down the South Fork to the southern boundary of Delaware County; thence west along said line to the southwest corner of Delaware County; thence north along said line between Delaware and Buchanan to the township line dividing 88 and 89 north ; thence east to the place of beginning."
COMMISSIONERS MEET FOR FIRST TIME IN THE COURTHOUSE
On the 2d day of July. 1844, the county commissioners for the first time met in the courthouse. The floors were laid but the building was devoid of any covering, as the roof had not yet been put on. As the Legislature had appointed the United States District Court to be held at Delhi, in September following,
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the completion of the building could not much longer be delayed, and William IT. Whiteside was this time authorized and directed to "have the courthouse finished on the best terms he could get." It was also ordered that "the bounty ou wolves for 1844 be equal with and the same as other counties and as shall be by law."
Henry A. Carter. Lawrence McNamee and Simeon Phillips were elected county commissioners. They held their first session on the 31st day of August, 1844. It was "Ordered, That the road as returned by O. A. Olmstead and Leroy Jackson, as a territorial road, commencing at the Lin County line and running to O. A. Olmstead's mill, according to a plat and return of said road as filed, be and the same is hereby recorded as a publie road."
At the October session the commissioners passed an order to pay Thomas Denson $36 out of the money in the treasury not otherwise appropriated for service in locating the old county seat in 1840.
Three years had now passed sinee the commissioners first made strenuous efforts to obtain money with which to enter the quarter section on which the county seat was located. The Town of Delhi had been platted but no lots could be sold, or rather no title could be given, until the county had received its patent from the Government. The town was only one in name. The only building was the courthouse, partially constructed by the settlers. It was now high time that persistent efforts to raise the money should be inaugurated, and on the 8th of October, 1844, the commissioners acted as follows: "Ordered, That Henry A. Carter be and he is hereby authorized and empowered to borrow money to enter the county seat, or one eighty if he cannot get more, and he is authorized to pay 25 per cent for the loan of the same."
At the same session an order was passed directing the payment of $16 to John W. Penn, for summoning grand and petit juries for the District Court for the September term, 1844. Buchanan County being attached to Delaware, figures in the following mandate: "Ordered, That the returns of the survey of the territorial road running from the Cedar Rapids, in Linn County, to the Wapsipinicon Rapids. in Buchanan County, as it runs through Buchanan County, be and the same is hereby accepted and recorded as a publie road as per report."
The commissioners met at the house of C. W. Hobbs, on January 5, 1855, as there was no fireplace in the courthouse, and the weather was very cold. Mr. Hobbs' cabin was on the edge of the new county seat. At this meeting it was
"Ordered, That Joel Bailey shall proceed, with David Moreland, Missouri Dickson and Wellington Wiltse, to survey a public road, as viewed by them according to an order passed July 5. 1842, running from the Dubuque road, near Mr. Floid's to the White Oak Grove, from thenee to pass the schoolhouse and intersect the road running from Prairie du Chien to the county line of Delaware, and that said commissioners make due return of the same."
The board held a session on March 8, 1855, meeting at the house of Charles W. Hobbs, at which time Joel Bailey was appointed county treasurer to fill the vacancy caused by the death of Drury R. Dance, who had been murdered. The same day John W. Penn, county sheriff, was "authorized and empowered to Vol. I- 5
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borrow money for the use of the county to defray the expense of boarding Jef- ferson Lowe, now confined in the Dubuque County jail."
At the April term. 1846, of the Commissioners' Court, held at the court- house, the report of the commissioners appointed January 5th to locate the road from the Dubuque road to Mr. Floid's, to White Oak Grove. was accepted and the road was ordered to be recorded as a public highway. Joel Bailey de- clined to accept the office of county treasurer and in his stead, Oliver A. Ohn- stead was appointed to the office. At the April session the following acts of the court were passed :
"Ordered, That the west line of the North Fork Precinet shall cross the South Fork of the Maqnoketa at the mouth of Plum Creek, to intersect the mouth of Buck Creek, and run from thence a west course up Buck Creek to the Delaware County line.
"Ordered, That the election for the North Fork Precinct shall hereafter be held at the house of bueins Kibbee, instead of at G. D. Dillon's.
"Ordered, That the north line of the Delhi Precinct shall commence at stake corner to sections 18 and 19, in township 89 north and range 6 west, thenee east through the center of said township to Plum Creek."
May 23d, the treasurer was instructed to proceed by law to collect fines of $5 each from D. G. Dillon, of North Fork, Amos Williams, Colony, and Daniel Thornburg, Eads' Grove, for neglecting to qualify as preeinet commissioners.
It seems that at last the courthouse was finished, as an order was passed directing the payment of $80 to Simeon Phillips for work done on that build- ing.
July 7th, Aaron Sullivan, Clement Coffin and Henry Baker were appointed to view and mark a road "from Joel Bailey's to Baker and Coffin's Grove, thence westerly to intersect the territorial road from Buchanan to Delhi." and Joel Bailey was appointed to "survey the above road."
The court received a petition for a public road from "Eads' Grove to Ilail's Mill, to be run on the nearest and best road to the house of James Montgomery, thenee on the open line between James Montgomery's farm and MeMullen's, east on the Bailey line, north of the new burying ground, thence on the nearest and best route to the county line near Hail's Mills." Archibald Montgomery, Samnel Dickson and Daniel Brown were appointed to view the route at the expense of the petitioners.
The voters at the regular election in August, 1845, returned H. A. Carter, Lawrence McNamee and Simeon Phillips as members of the board of county commissioners. The assessment rolls as made up and submitted to the board at its September meeting, indieate a greater inerease of taxes than of taxpayers. The county tax was $743.79; territorial tax, $33.79. At that time there were forty-six taxpayers in North Fork Precinct; twenty-six in Delhi, fifty-one in Colony and twenty-six in Eads, making 179 in the county.
Four years had now elapsed since the county seat was located, but not- withstanding, repeated efforts to raise money required for the purchase of land, which amounted to $200, had been made, failure was the result. Money could not be borrowed, nor county warrants sold. Not a lot could be alienated by the county until it had acquired title to the land and the only building on the town plat was the log courthouse. The situation was becoming embarrassing.
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if not humiliating, when Lawrence McNamee, member of the board generously offered to advance $100 to the county if another person could be found who would be equally willing to help in the emergency. This led the court on the 1st day of January, 1846, to pass the following: "Ordered, That Lawrence McNamee be authorized to enter the county seat of Delhi at 20 per cent."
There now came forward Leroy Jackson with the other necessary $100, which was placed in Mr. MeNamee's hands. That gentleman thereupon went to Dubuque and on the 5th day of March, 1846, entered the east half of the quarter seetion in his own name, and the west half in the name of Leroy Jack- son, all being in section 17, now Delhi Township. MeNamee conveyed his half of the traet to the county, April 8, 1846, and Leroy Jackson, by warranty deed, conveyed the west half to the county, October 2, 1849. The town plat was recorded March 11, 1846, and the lots were placed on sale. But for sev- eral years thereafter county orders were sold at fifty cents on the dollar to raise money with which to reimburse the loyal and generous Lawrence MeNamee and Leroy Jackson for the money they had advanced the commissioners.
The commissioners met at the house of C. W. Ilobbs on the 17th of March, 1846, and one of the clerk's minutes shows the following :
"Ordered, That the clerk of this board be and he is hereby directed to advertise in the Miners' Express for a sale of lots in the Town of Delhi, to take place at the courthouse door on the first Monday of May next.
"Ordered, That Charles W. Hobbs be and he is hereby authorized as an agent to sell lots at private sale in the Town of Delhi, and he is limited not to sell any lot for a less priee than five dollars."
Joel Bailey was appointed surveyor April 13th, "to lay off the out lots in the Town of Delhi into two-aere lots." Gilbert D. Dillon was appointed auctioneer for the sale of town lots. A bounty was offered for wolf scalps at 50 cents and $1. On the same day the commissioners adopted measures for keeping high- ways in order and appointed Samuel P. Whitaker, William Nicholson, Roland Aubrey, Joel Bailey, Missouri Diekson, Silas Gilmore and William Eads, road supervisors for their several neighborhoods.
By an act of the Territorial Legislature, approved February 17, 1842, entitled "An act for the organization of townships," a former aet approved January 10, 1840, was repealed and county commissioners were authorized to divide their respective counties into townships of "such shape and size as the con- venience and interest of the citizens may require." Acting under these instrue- tions set forth in the law just quoted, at a special session of the board of county commissioners, March 24, 1847, the first division of the county into townships was made and elections ordered as follows:
"Ordered, That the counties of Delaware and Buchanan be divided into townships as follows, to wit: That the boundaries of the several preeinets, as at present, laid off in said counties, be and they are hereby organized into town- ships. That the territory of Delhi Preeinet be named Delhi Township; that the territory of Eads' Grove be named Eads' Grove Township; that the ter- ritory of North Fork be named North Fork Township; that the territory of Colony Precinct be named Colony Township; that the territory of Buchanan Confty be named Buchanan Township. Also, that the usual places of hold-
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ing elections in the said several precinets be hereby appointed the respective places of holding the first meetings of the electors for their several townships. "Ordered, That the clerks and commissioners be required to issue election notices for elections to be held on the first Monday in April, and that the neces- sary township officers required by law now in force be elected."
The board was again convened April 14th and passed the following : "Ordered, That G. D. Dillon be allowed the sum of $4 for his service as auc- tioneer in selling township lots in the Town of Delhi, being in full for all services as such up to this date."
But very few lots had been sold up to this time and as the county needed the money, it was ordered by the Commissioners' Court that "there shall be a sale of lots in Delhi on the first day of the first session of the District Court and A. K. Eaton be appointed auctioneer."
The first General Assembly of the State of Iowa passed an aet for the divi- sion of eounties into commissioners' districts, and under this direction the Delaware commissioners acted as follows:
"Ordered, That Delaware County be divided into county commissioners' districts, which districts shall be numbered first, second and third, as follows, to wit: Towns 87 and 88, in ranges 3 and 4, shall constitute the first district ; towns 89 and 90, in ranges 3 and 4, shall constitute the second district, and towns 87, 88, 89 and 90, in ranges 5 and 6, shall constitute the third district, agreeably to an act of the General Assembly of the State of Iowa, approved February 22, 1847."
At the session of the board held in July, that body levied a tax of one- half mill on the dollar for school purposes. In the following month of August, Henry A. Carter, Henry Baker and Samuel Mulliken were elected commis- sioners.
On October 4, 1847, the commissioners "Ordered, That Lawrence McNamee be paid $22.36 for one year's interest on money loaned to enter eighty acres of the county seat."
The amount of taxes collected in 1847 was $628.10. In 1848, this amount was increased to $1,027.45.
IIenry A. Carter, Samuel Mulliken and Henry Baker composed the board of county commissioners for 1848. At a term of court held April 18th, Charles W. Hobbs was authorized and empowered to borrow $100 for the use of the county to pay Leroy Jackson for entering eighty acres of the county seat at a rate of interest not to exceed 20 per cent.
The demand for county lots failed to come up to the anticipations of those in authority at the county seat. To stimulate their sale Charles W. Hobbs had been disposing of them at less than the regular price. But the commissioners determined to stop this practice and concluded that unless they could be sold at a fair price, they should be held by the county. It was therefore ordered "that Charles W. Hobbs is hereby directed not to sell any Jot on the town plat for less than five dollars in cash, or ten dollars in county orders."
The board for 1849 was made up of Henry A. Carter, Samuel Mulliken and Daniel II. Thornburg.
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TREASURER'S REPORT FOR THE YEAR 1848
The following report was submitted to the board of county commissioners in December, 1848 :
For outstanding balance against the county $261.32
For amount of orders passed 598.99
Total $860.31
Contra Cr.
By county tax placed in the hands of collector. $577.27
By orders received for sale of town lots in Delhi. 60.82 $638.09
Balanee against county $222.22
The aforegoing is a correct statement of the liabilities of the county, for the year ending the 31st of December, 1848, showing an outstanding balance against the county of $222.22. There was also placed in the hands of the collector, for 1848, for state tax, $275.87; school tax. $111.35.
II. A. Carter,
Daniel 11. Thornburg, 5 Commissioners.
Attest, Charles W. Hobbs,
Clerk of Commissioners.
Delhi, January 1. 1849.
Among the orders drawn at this December session was one for a "bear sold for use of county, $7.50," and the amount paid out for wolf scalps, $17.30.
January 2, 1849, North Fork Township was divided and South Fork Town- ship created.
July 2d by order of the commissioners Eads' Grove Township was changed to Coldwater, and it was
"Ordered, That the Coldwater Township be divided as follows: Commene- ing at the northeast boundary of Coldwater Township, running three miles south ; bounded by Elk on the east ; thence west, so as to include part of range 5 west of Fifth Principal Meridian; thence north, to the county line; thence east, to the place of beginning; and that said township shall be named 'Avon.'
"Ordered, That on the 15th day of July, inst .. the electors of the newly laid off Township of Avon shall hold an election at the house of Daniel B. Noble, in said township, for the purpose of eleeting township officers for said township, and to organize the same."
The tax levy made by the board for the year 1849 was: State, 101% mills; county. 4 mills ; school, 1 mill.
At the January term, 1851. of the County Commissioners' Court, several new townships were created. Coldwater Township was ordered to be divided and a new township set off, which was to be known by the name of Richland; voting place, the house of Stephen R. Reynolds. Delaware Township was created, with place of holding elections at Delaware Center. The Township of South Fork was ordered divided and a new township set off, to be known by the name of Buck Creek Township, the first election in said township to be held at the school- house near Aaron Blanchard's.
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CHAPTER V
AFFAIRS UNDER THE COUNTY COURT AND SUPERVISOR SYSTEMS
Under a chapter of the Code of lowa, approved February 5, 1851, Connty Commissioners' courts were abolished and the office of county judge created. The jurisdiction of this official was almost unlimited, as he had "the usual power and jurisdiction of county commissioners and of the judge of probate. The office was filled by election in August, 1851. John Benson was first judge of the County Court and William Price, clerk.
At the March term of the County Court the prayer of a petition for a road from Richland, by way of Delaware Center, to Delhi, was granted. Coldwater Township was divided and the north part made a new township named York.
County Judge Benson, Recorder Phillips and William Price held a meeting in April to ascertain whether the fees received by them were sufficient to pay their official salaries. It developed that the sum total received for seven months was $223.95. The salaries amounted to $125 each. They thereupon divided the money equally and the court issued orders on the empty treasury for the balance, probably at the rate of $2 for one, as that was the standard price of county orders at the time.
On January 3, 1853, the County Court, Judge Benson sitting, provided for the payment in full of money borrowed of Lawrence McNamee, in 1846, which was used in paying for the entry of the county seat.
On February 26th the County Court established the boundaries of the civil townships, namely : Colony, York, Coldwater, Richland, Delaware, North Fork, South Fork. Union and Delhi.
September 4, 1855. Edward Adams, a native of England, was naturalized by the County Court.
February 7th, Delaware Township was divided by order of the County Court and township 89 north, range 6 west, was then "set off into a separate township for political purposes, under the name and title of Collin's Grove." The school- house in the grove was designated as the place for holding elections.
On February 19th, Judge Benson resigned his office of county judge, and A. K. Eaton acted in that capacity until April, when Frederick B. Doolittle was elected to fill the vacancy.
In July, 1855, Dr. Albert Boomer, of Delaware, was appointed county agent by the county for the sale of spirituous liquors. He entered upon the discharge of his duties. August 29th, William Cattron was appointed liquor agent and $300 was placed in his hands for the purchase of stoek. He resigned the posi- tion in disgust after three months' experience.
The County Court on September 29th ordered that township 87. range 6, be set off into a separate township for politieal purposes, to be called Adams,
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to take effect on the 1st of April. 1856. Townships 89 north, range 3, and 89 north, range 4, were erected into a new township, to be called Oneida, the organization to take effect on the 1st day of April, 1856.
Judge Doolittle at the September term ordered an election to be held on the 22d day of October, to ascertain if the county desired to subscribe for $200,000 Delaware County & Pacific Railroad stock, and issue a like amount of county bonds bearing interest not to exceed 8 per cent per annum. to be met by a six mill tax annually. This tax at the end of fifteen years was to be increased to 1 per cent to provide for the payment of the principal. It might be well to state here by way of parenthesis that the people emphatically rejected the proposition by a vote of 708 to 260.
On the 2d of March, 1857, the County Court set apart congressional town- ship 87 north, range 5, as a township for political purposes and called it Hazel Green.
County Julge Doolittle, on June 30, 1857, ordered an election to be held on the first Monday in August at the general election, upon the following issue :
"Will the County of Delaware loan the credit of said county to the Great Northwestern Railroad Company, to the amount of $250,000. by issuing and delivering county bonds of said county to this amount. to said railroad company, for the purpose of aiding in the construction and operation of said road. which shall be located through the county aforesaid ?"
This measure was defeated in the county, the total vote being 791 against to 657 for.
July 6, 1857. congressional township 81 north, range 3 west, was established as a political township and called Bremen. George W. Harper, constable, posted and served the notices of the court.
March 3, 1858, on petition of John S. Barry and others, the County Court set off congressional township 88, range 6, as a political township and named it Prairie. September 13th, on petition of T. Crosby and others, the six southern sections of Coldwater, being the northern tier of sections in township 89, range 5, were annexed to Delaware. September 16th, on petition of George W. Stewart and O. S. Boggs, the townships of Coldwater and York were united and the new township was named Honey Creek. The election was ordered to be held at the house of Casper Dunham.
At the term of the County Court held in 1859, Prairie Township was organized and at the October election twenty votes were polled in that community.
On January 1, 1860, Joel Bailey became county judge and he was the last person elected to the office. At that time the credit of the county had become sound and county warrants were worth their face in cash.
SUPERVISOR SYSTEM ADOPTED
By an act of the General Assembly, approved March 26. 1860, the county judge system, which had been tried for ten years, was abolished and a board of supervisors created, consisting of one from each civil township, to be elected in October and assume the duties of their office in January following. By this
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HISTORY OF DELAWARE COUNTY
act the duties of county judge were restricted to probate powers. The act went into effect July 4, 1860.
Pursuant to law, eleetions were held in the various townships in October, 1860, and a member of the newly created board of supervisors was returned from each. Upon assembling at Delhi for organization on JJannary 6, 1861, Z. D. Scobey, member from North Fork, was elected chairman of the board, and James Wright, elerk of the District Court, became its elerk.
At the first meeting and for many others following, large numbers of peti- tions were submitted to the board for roads, bridges and other improvements. On January 8th the committee on public buildings reported that the jail was insecure and recommended that the sheriff be furnished with a better office.
It was reported at the June session that a considerable amount of swamp lands belonging to the county had been discovered and on the 6th of June, George Watson was appointed agent and attorney to look after the county's interests in relation thereto.
On the 7th of June, Mr. Coffin, from the committee on paupers, reported and recommended that a proposition be submitted to the voters of the county for the purchase of a poor farm. Upon recommittal it was reported that a proposition be submitted to the voters of Delaware County to purchase a poor farm at a price not exceeding $3,000. At the election in October, the question being submitted to the people, was rejected.
C. L. Flint, from the committee on school funds, reported at the Jannary meeting in 1862 that several borrowers from that fund were not financially sound. Thereupon it was ordered that these persons be required to improve their seenrities and that prudent rules should be adopted in relation to the management of the school fund.
.January 10th the committee on panpers recommended that a farm for the poor be leased and that a suitable person be employed for overseer. On the same date the board voted to petition the Legislature for a tax on dogs.
June 14th. S. A. Holt was appointed steward of the poor house, and on the 16th F. B. Doolittle, William Terwilliger and Andrew Lord were appointed poor house directors.
October 2Ist, the county treasurer was ordered to sell the gold in the treasury. October 22d, the board appropriated $1,000 to aid in the support of the families of volunteers of the Civil war.
On January 8, 1863. the director of the poor house was instructed to purchase a farm for the poor. On the 9th the treasurer was again authorized to sell all the gold in the county-$300. It should be remembered that at this time gold was selling at a premium, there being little of it in circulation.
January 6, 1864, $1,000 was appropriated for the support of the families of volunteers and on the 7th, $50 was appropriated for the soldiers' home in Dubuque. The poll taxes of all soldiers in the service were remitted.
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