USA > Iowa > Des Moines County > History of Des Moines County, Iowa, Volume I > Part 41
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347
HISTORY OF DES MOINES COUNTY
first session of the District Court of Des Moines County, Wisconsin Territory, was held at Burlington cominencing April 3, 1837, Hon. David Irwin, associate justice of Supreme Court of Wisconsin, presiding. W. W. Chapman, prosecut- ing attorney ; W. R. Ross, clerk; Francis Gehorn, marshal.
The first United States grand jury under this system was composed of the following: Jesse B. Webber, Mathew W. Latty, George Leebrick, Isaac Canter- berry, Abraham Sells, Sulifand S. Ross, George W. Hight, Michael C. Harris, Stephen Gearhart, Jonathan Morgan, Israel Robinson, James G. McGuffie, David R. Chance, John Darbyshire, James Hatcher, Royal Cottle, Richard Land. The jury found no indictments and was discharged.
On motion of James W. Grimes, Robert R. Williams was admitted to practice.
The first district grand jury was composed of the following: George W. Hight, foreman ; George Leebrick, M. W. Latty, Abraham Sells, James Hatcher, L. Maxwell, Isaac Canterberry, Stephen Gearhart, Richard Land, M. C. Haines, Isaac Basy, William Stewart, J. G. McGuffie, J. A. Lewin, John Moore and Robert Chalfin.
The court ordered that the temporary seal of the court for Des Moines County should be the impression of the reverse side of a United States dime, made in wafer and covered by thin paper.
On motion of David Rorer a license was granted Jeremiah White to maintain a ferry across the river.
It was at this term of court a license was granted to operate the first steam ferry across the river at Burlington.
THE COURT UNDER IOWA TERRITORY
The first session of the United States District Court for Des Moines County, Iowa Territory, assembled in Burlington, November 26, 1838. The court con- sisted of Hons. Charles Mason, T. S. Wilson and J. Williams. Hon. Thomas S. Wilson, associate justice of the Supreme Court, on the bench; John S. Dunlap, clerk; Alfred Rich, district attorney.
The first grand jury under this court was composed of the following persons : Alfred Clark, foreman; Henry Moore, Thomas Ballard, Alexander Hilleary, Samuel B. Jagger, William Smith, James A. Ogle, John Pierson, Daniel Duvall, Daniel Lewis, John Wort, Henry Sublette, Wiley Ballard, Benjamin Tucker and Henry Parish.
We do not deem it necessary to pursue this part of the history of the county during state existence.
2
CHAPTER XIX
PUBLIC HIGHWAYS
The first highways in Des Moines County consisted of Indian trails. Those trails usually ran along the margins of rivers and creeks, or across the prairies which separated tracts of timber lands at which had been located Indian villages. One trail ran along the bluffs north of Burlington to near the mouth of the Iowa River. One south from Burlington along the timber line to the mouth of the Des Moines. One north from Burlington to Tama Town Prairie, where Chief Tama had a village for a time, thence north to the Iowa River. Among the first acts of the First Territorial Legislature was the establishment of territorial roads. January 25, 1839, the Iowa Territorial Legislature by an act appointed Daniel Strong and Enoch H. Sexton of Des Moines County and Grinder Wilson of Henry County commissioners to lay out a road, commencing at Burlington, in Des Moines County, thence to Trenton, thence to Joseph Yorks, thence to Lees and thence west to the Indian boundary line. This road was the origin of the road leading from Burlington to Mount Pleasant ; we come to this conclusion, for on the 29th of July. 1840, the Legislature passed an act which provided "that the governor appoint a competent surveyor or engineer whose duty it shall be to relocate so much of the territorial road leading from the City of Burlington, in Des Moines County, by the way of New London, and Mount Pleasant, Trenton, Yorks and Lees to the Indian boundary line as runs through the County of Des Moines. The act further provided, "That the said sur- veyor or engineer shall proceed to make such relocation on the second Monday of August, etc., commencing at the northwest corner of the public square, in the 'old town of Burlington,' thence as nearly on a straight line to the point where the former territorial road crosses the western boundary of the county as the nature of the route will permit; provided, however, that said surveyor have power to make such offsets or angles as may be necessary, etc." It will be seen from the above. the Burlington and Mount Pleasant road had its commence- ment at the northwest corner of the public square and from that point west to where it strikes the road that goes through "Dutch Town." thence in a north- westerly direction to a point where it runs due west to Middletown, thence in a northwesterly direction to where it crosses the lines separating Des Moines from Henry County, in section 31, Pleasant Grove Township. The Legislature of Iowa Territory, on July 13. 1841, passed an act "appointing John Hillis, William Wilson of Lee County and John C. Fletcher of Des Moines County commis- sioners to locate and mark a road from Burlington on the nearest and best route to Loyd's Ford, thence to Fort Madison, thence to Montrose, thence to Keokuk and thence to the mouth of the Des Moines River," the commissioners to meet
348
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HISTORY OF DES MOINES COUNTY
at Fort Madison on the first Monday of February, 1841. The Territorial Leg- islature on July 13, 1841, passed an act appointing Doctor Fullenwider, Wesley Swank and James Clark commissioners to lay out and establish a road on the nearest and best route from Burlington to the town of Black Hawk, on the Iowa River, commencing at the north end of Water Street, in the upper end of Burlington : thence to the house of James Clark; thence to the town of Black Hawk. This road is known as the "Bottom Road." The Legislature, on Jan- uary 15, 1841, passed an act appointing Warren Dee of Des Moines County, John S. Stephenson of Henry County and Isaac M. Monnaham of Van Buren County to lay out and survey a road from Burlington, in Des Moines County, to Smith's Mills (Lowell), and Salem, in Henry County, and thence to Keosaqua, in Van Buren County, and to the Missouri line. The roads named are the prin- cipal territorial roads which lead from Burlington. The people of those days knew but little of making and keeping in repair the roads. If they had they would not have entered into the wild scheme of constructing "plank roads." Whether the construction of plank roads was a money-making scheme by which the stockholders expected to receive large dividends we do not know ; but it is true the people of the city voted, at the expense of the taxpayers, to take stock in these roads and pledge the city's credit to raise funds to assist private cor- porations in their construction. A large number of business men of Burling- ton became incorporated under the name of the Burlington and Mount Pleasant Plank Road Company. The object of the company was to construct a plank road from Burlington to Mount Pleasant. At the time (1848) the project ap- peared to be a good one and would pay. Before proceeding to the construction of the proposed road the company made application to the State Legislature for authority to lay it out on such line as might be deemed suitable for the pur- pose, including any portion of the public highways, providing the travel on such highways was not interrupted. On the 18th day of December, 1850, the authority asked was granted by an act of the Legislature. The act provided that the quantity of ground taken should not exceed sixty feet in breadth, and when private property was taken a fair equivalent should be paid the owner therefor. The act provided for the mode of condemnation when the company and an owner could not agree on the amount of damages sustained by the owner. The plank road constructed by this company was as follows: A roadway about thirty feet in width was graded so the surface of the road was from 18 inches to 2 feet above the surface of the land adjoining. Sawed stringers, 4x6 inches and of various lengths, were laid down on the graded surface about six feet apart. Sawed oak planks three inches in thickness and twelve feet long were laid and spiked on the stringers. Such was the road constructed by the Bur- lington and Mount Pleasant Plank Road Company. The planking part was not laid in the center of the graded portion, but to one side of the center. Toll gates were established at suitable distances, usually about four miles apart, and consisted of a long 3×6 inch scantling, which was made to swing on an up- right post for a pivot. The gatekeeper was usually an Irish woman whose hus- band was in the employ of the company in seeing that the planks were in place. The operating expenses were light, but the cost of maintenance great. With the price of corn at 20 cents per bushel, wheat 50 cents per bushel and pork $2.25 per hundred, farmers were not inclined to patronize this, to them a new kind
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HISTORY OF DES MOINES COUNTY
of roadway. When they did it was when the public highway was almost im- passable, and then only in going to town. When returning home, unless heavily loaded, they took the old territorial road. When the roads were good, in the summer and fall, and frozen in the winter, they never patronized the company's road. The stringers were not laid down on a solid foundation, and the result was their ends would sink in the ground. The spikes would break or pull out and planks become loosened and get out of place, and the road became like an old dilapidated sidewalk. The scheme was a complete failure. In a few years the road became worthless and was abandoned. The farmers along the lines bought the planks and stringers for almost nothing and used them for making cattle sheds. It took 5,122,320 feet of good oak lumber to lay down that old plank road to Mount Pleasant, not including the stringers, if it got there. It is my recollection it was only built to New London. But the reckless slaughter of so much good timber was the worst of all. There was also incorporated by the "Boosters" of the town what was known as the Burlington and Louisa County Plank Road Company. On the 4th of February, 1851, the Legislature of the state granted this company the same rights which were granted to the Burling- ton and Mount Pleasant Plank Road Company. How much of this road was built I cannot state. Some of its rotten remains existed along in the early '60s north of Flint Creek. Other boosters of the then growing metropolis organized themselves into what was known as the Toolesborough Plank Road Company, whose object was to construct a plank road between Burlington and Tooles- borough, which at the time was a boom town on the Mississippi, in Louisa County, where the Indian mounds are situated. From what follows, the people of Bur- lington at this time appear to have been "plank road crazy." In order to carry out the scheme of plank road building it became necessary to resort to pledging the credit of the city. On the 3d of April, 1849, the city council adopted a reso- lution requiring the mayor to submit to the electors the question whether or not the city shall be authorized to contract for a loan not less than five nor more than ten thousand dollars to be invested in the stock of the Burlington & Mount Pleasant Plank Road Company. The mayor issued his proclamation calling an election on the 2d of April, 1849, and by vote of the electors the city council was authorized to make the loan. But the city did not have the cash and the only way to get it was to issue the bonds of the city and sell them on the market. This was done in the manner provided by law. The bonds were issued and sold, and stock of the company issued to the city to hold as collateral security for the loans. It seems two loans were made, each in the sum of $10,000, the latter being made in 1852. During the year like proceedings were had in reference to a loan to the Burlington & Louisa County Plank Road Company, to which a loan was made of $10,000. The next thing heard about these loans is one Eliza Mitchell and William B. Glover each commenced an action in debt in the Circuit Court of the United States to recover from the city $5,000 on five bonds with accrued interest, said bonds issued in pursuance with an ordinance of the city in making a loan to the Burlington & Mount Pleasant Plank Road Company. The case was heard in the lower court on a demurrer to the answer of the city, which was overruled. The plaintiff elected to stand on the ruling of the court, and the case was taken to the Supreme Court of the United States on a writ of error. The holding of the lower court was reversed with costs and the case
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HISTORY OF DES MOINES COUNTY
sent back for further proceedings in accord with the holding of the court. The next suit was an action in debt by Edward H. Larned against the city on one of these plank road bonds, and had the same termination as that of Eliza Mitchell. The decisions in these cases were based on the reasons given by the court in the suits brought on the bonds issued in aid of the construction of the B. & M. R. R. But the fact that these parties had obtained judgment against the city did not get them their money. The city did not own anything which could be legally levied upon and sold except the stock which it held in those corpora- tions, which was of no value. The next step which the judgment creditors took was to commence mandamus proceedings against the mayor and aldermen of the city to compel them to levy and collect a tax on the taxable property of the inhabitants of the city to pay the amount due on their judgments. The cases went to the Supreme Court of the United States, which court overruled the findings of the lower court and remanded the cases to the lower court, directing it to proceed in accordance with its holdings. Thus, after a series of years, and the accumulation of interest, costs and attorneys' fees, the dear people who wanted plank roads were at the end of their string. The Twelfth General Assembly of Iowa, on the 2d of April, 1868, passed an act authorizing cities, towns and counties to settle, adjust and compound debts which they owed, evidenced by bonds or other promissory instruments, and such corporations were authorized to issue new bonds in place of the old or former bonds, and such new bonds shall be legal and valid to all intent and purposes and no corporation was allowed to plead in defense thereof any matter which might have been pleaded in defense of the old or former bonds. The city took advantage of this act, and on the 7th of March, 1870, adopted an ordinance by the terms of which the question was submitted to the electors whether the city should settle its public indebtedness in pursuance with the above named act. At an election held for this purpose a large majority of votes cast were in favor of the proposition The new bonds to be issued were to run for a period of twenty-five years and bear interest at the rate of 6 per cent per annum. Under the above provisions new bonds to the amount of $400,000 were issued and all old bonds of the city then due taken up and cancelled. April 10, 1876, the city council adopted an ordinance which authorized the mayor to issue $80,000 of the bonds of the city, payable in twenty years from June 1, 1876, and bearing interest at the rate of 8 per cent per annum. That on the issuance of said bonds the mayor was author- ized to negotiate the same on the best terms possible, and only so much of the same as may be necessary to redeem and cancel the old bonds of the city which may become due on or before September 1, 1876. Under the provisions of the above ordinances the plank road, B. & M. R. R. Co. and city scrip and other indebtedness of the city was refunded. On the 18th of April, 1881, the city council passed an ordinance authorizing the mayor of the city to negotiate and sell at not less than par the bonds of the city to the amount of $413.000 at the rate of 5 per cent per annum, payable semi-annually at the Metropolitan National Bank, New York, the proceeds of the sale of such bonds to be used to redeem and purchase the 6 per cent bonds outstanding. These bonds were to be issued in denominations of $1,000 each, and to bear date of October 1, 1881. These bonds were to become due and payable as follows: During the first five years,
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HISTORY OF DES MOINES COUNTY
ten bonds each year; during the next ten years, fifteen bonds each year ; during the next ten years, twenty bonds each year.
The city for many years prior to 1858 had issued what was called "the scrip" of the city, which was taken in payment of certain indebtedness of the city. This scrip passed as money. The amount of this currency outstanding in 1858 was $50,000. On the 13th of August, 1858, the city council passed an ordi- nance authorizing the mayor to issue $50,000 of the bonds of the city for the purpose of redeeming the scrip then in circulation. It will not serve any use- ful purpose to show the management of the city's finances, but will state that by continually refunding from time to time at a low rate of interest the taxpayers are still paying the indebtedness created in building plank roads and that of the B. & M. R. R. and the issuance of city scrip. It cannot be denied but that the policy of a municipal corporation taking stock in a private corporation is a bad one.
CHAPTER XX
SUBSCRIPTIONS FOR STOCK IN B. M. R. R. CO.
Section 114 Code of 1851 provided: "The county judge may submit to the people of his county at any regular or at a special election called for that purpose, the question whether money may be borrowed to aid in the erection of public buildings ; whether the county will construct or aid to construct any road, or bridge which may call for an extraordinary expenditure, etc." The other pro- visions of the law have reference to the levy of a tax, etc., to raise the money to pay for the amount of money borrowed. The Burlington and Missouri River Railroad Company was organized January 15, 1852, for the purpose of con- structing a railroad from Burlington to the Missouri River. The connection of this company with the City of Burlington we have already written. The com- pany was as anxious to get the people of the county interested in the proposition as those of the city. The incorporators were Burlington men of standing and had large influence with the people in the townships. Through their influence, there had been presented to the county judge a petition asking that there be submitted to the electors of the county at the regular August election in 1853 the question whether the county through the proper officials, subscribe for $150,000 of the stock of the B. M. R. R. Co., and issue the bonds of the county to the company for a like sum in payment for the stock issue. This was an easy way in which to raise money with whichi to help build a railroad, and doubtless the projectors of the scheme made it plain that the road would pay from the start and its stock would be worth on the market the amount of the loan specified in the bonds of the county. O. C. Wightman, then county judge, submitted the question to the electors of the county whether they were for or against the county taking stock in the company to the amount of $150,000, and on the issue and delivery of said stock to the county judge, he would on behalf of the county issue and deliver to the treasurer of the county, 150 bonds of the county, each in the sum of $1,000. To make sure that the road would be built, it had a large grant of land. Public meetings were held both in the city and different town- ships by the promoters of the scheme at which the electors were urged to vote for the county to subscribe for the stock and bond the county. The Burlington Weekly Telegraph, in its issue of July 29, 1853, contains the following: "Gratifying and enthusiastic railroad meetings have recently been held in Union, Augusta, Danville and Flint River townships, at which the people have been ably addressed by gentlemen of the committee and others. There appears to be no other feeling than that they are in favor of the loan." From the above, it seems a committee had been appointed to spread the railroad gospel among the voters. The question came up at the regular election held August 1, 1853, and with the following result :
Vol. 1-23
353
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HISTORY OF DES MOINES COUNTY
For Loan Against Loan
votes
votes
Augusta Township
45
II
Burlington Township
748
15
Danville Township
169
27
Flint River Township
95
38
Franklin Township
154
15
Huron Township
41
22
Pleasant Grove
IOI
56
Union Township
II2
13
Yellow Springs Township
78
23
1617
236
At this time Washington and Jackson townships had not been organized. The records of the county judge show the following entry August 23, 1855:
"On this day application is made to the county judge for issuing 113 bonds of Des Moines County due and payable to the Burlington and Mis- souri River Railroad Company and being in full of the $150,000, voted by the said county at an election held August 1, 1853, which in accordance with said vote was duly subscribed by O. C. Wightman, then county judge for said county. And whereas it is made to appear to me that said road is now under contract and in process of construction, and that said stock has been duly called by said company, and thirty-seven of said county bonds have been duly issued for $1,000 each on the 9th day of August, 1854, by O. C. Wightman, then county judge, bearing interest at the rate of 8 per cent per annum, payable semi-annually, according to the coupons attached thereto on the first days of February and August in each year, and payable at the Phoenix Bank in the City of New York. Therefore in accord with the vote and in considera- tion of the premises, I have this day made and delivered unto the treasurer of said Burlington and Missouri River Railroad Company, 113 bonds of Des Moines County, Iowa, of $1,000 each. Said bonds numbered from I to 150, inclusive, and in full payment of said county's subscription for $150,000 of the capital stock of said company. Said company having given this county its agreement to pay and satisfy all or any interest coming due on said bonds according to said coupons attached until said road is completed to Skunk River. Said agreement and receipt for said bonds are filed in this office."
THOMAS W. NEWMAN, County Judge.
Thus it appears that on the 23d of August, 1855, there had been delivered to the B. & M. R. R. Co., 150 bonds of the county, each of the full value of $1,000, and the county was a stockholder in the company to the sum of $150,000. At the time, the work of construction was pushed as rapidly as could be done under the circumstances. The road from Chicago to Burlington had been completed during the year, and it only required time, work and patience and honesty when the expectations of both the people and the company would be fully realized. It
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HISTORY OF DES MOINES COUNTY
is impossible for us to go minutely into succeeding events concerning the rela- tions of the company and county in reference to the payment of these bonds. But for the purpose of showing the folly in attempting to repudiate their pay- ment and what the couny lost by the action of its officials we state the following : Some time prior to February, 1873, the C. B. & Q. had leased the B. & M. and because such was the case, practically the two roads became consolidated. At this time Erastus Corning, John C. Green, James F. Joey, Chauncy S. Colton, Nathaniel Thayer, John M. Forbes, Sidney Bartlett, John W. Brooks, John A. Griswold, John N. Denison, John A. Burnham and James M. Walker constituted its board of directors. The board made its annual report showing the receipts and expenditures of the company for the year ending December 31, 1873. This report was made eighteen years after the delivery of the county bonds as stated. We confine ourselves to that part which has reference to the B. & M. Its capital stock on the first of January, 1873, was $6,532,552.76. Its gross earnings for the year $3.152,233.98, an increase over the past year $11,755-73. The mileage of the B. & M. and branches 443 miles. Its gross earnings per mile $7,115.65. The operating expenses of the B. & M. for the year was $1,729,721.38 or 56.89 per cent of gross earnings. This leaves a balance of almost 42 per cent to cover interest and repairs. The road at this time was paying property and had been for several years.
LAND DEPARTMENT
We quote from the report, "There is still pending some questions as to about 26,000 acres out of 359.708 acres. Out of this amount 202.701 acres have been sold at an average of $11.92 per acre, realizing $2,416,556.78. At the same rate the remaining lands would bring $1,871,991. This is probably an under estimate, as the price of the lands sold in 1873 averaged $12.81 per acre. The following shows the financial condition of this department.
Receipts
Principal
$299.339.51
Interest
347,041.47
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