USA > Iowa > Des Moines County > History of Des Moines County, Iowa, Volume I > Part 54
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3. "That there is no law of the state authorizing the city to issue such bonds, or to loan its credit to any railroad."
The lower court sustained the demurrer, and plaintiffs prayed for certiorari to Supreme Court of United States.
Justice Clifford delivered the opinion of the court :
We have set forth section 27 of the city charter, passed in 1845, before Iowa had been admitted in the Union, and as to a constitutional question, none could be raised as to the power of the city to issue these bonds. The only question which could arise was whether the Iowa Territorial Legislature when it granted the charter to the city could confer on it the power to submit to the people of the city the question whether the city should issue its bonds to aid in the con- struction of a railroad. The city by vote of its electors had accepted thie pro- visions contained in the charter. The constitution of the state as originally adopted provided that all laws in force in the territory which were not repugnant to the constitution should remain in force until repealed. The new constitution did not contain any provision which inhibited cities from aiding in the con- struction of railways. The real question involved in the case was whether what was done was a borrowing of money for a public purpose within the leg- islative intent included the construction of a railway as being for a public pur- pose. The United States Supreme Court in the case held that a railroad was an improved highway, and that it was competent for the Legislature to furnish material aid in the construction of a railroad the same as to construct a highway. Justice Field in a vigorous discussion dissented from the majority opinion, in which justices Green and Miller concurred.
Gelpecke v. Dubuque, I Wallace 520, was the leading case in the United States Supreme Court sustaining the validity of the bonds issued by cities and counties in the construction of railroads. It held, while it was the rule of the Supreme Court of the United States to follow the construction given a law of the state by the Supreme Court of the state, but where the State Supreme Court had placed different construction on such laws, the ordinary rule did not prevail. By the decision of the highest Federal Court the question was finally put at rest.
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HISTORY OF DES MOINES COUNTY
Congress by an act, approved May 15, 1856, had granted to Iowa a large quantity of lands for the purpose of aiding in the construction of railroads in the state. The Burlington & Missouri River Railroad Company received from the state by virtue of this grant 287.095.34 acres. With this land grant properly managed ( which was the case), and with good management of the road, it was bound in time to pay fair dividends.
The articles of incorporation of the company were amended, increasing its capital stock from three to six million dollars.
At this time (April 25. 1864) the board of directors consisted mostly of Boston capitalists, among whom were R. B. Forbes, J. W. Forbes and others. C. E. Perkins was secretary of the board.
After the road had been constructed to the Missouri River it was consolidated with the Chicago, Burlington & Quincy Railroad Company, an Illinois corpora- tion, which was originally incorporated as the Aurora Branch Railroad, February 12, 1849, to build a railroad from Aurora to some convenient point in Du Page County, there to connect with the Galena & Chicago Union Railroad. The road from Aurora to Twin Junction (connection with the Galena & Chicago Union Railroad), a distance of twelve miles, was opened February 2, 1850. Its char- ter was amended January 22, 1852, to enable the company to extend its road from Aurora in a southwesterly direction to intersect any railroad built or to be built northward from La Salle. Under the same act the name was changed to the Chicago & AAurora Railroad Company. This company built from Aurora to Mendota, forty-five miles, which was opened October 29, 1853. On February 14, 1855, the name was changed to the Chicago, Burlington & Quincy Railroad Company. Afterwards, under this charter, the road was built to Chicago, a dis- tance of thirty-six miles, and was opened May 20, 1864.
What was known as the Central Millitary Tract Railroad Company was incor- porated February 15, 1851, to build from Galesburg in a northeasterly direction to connect with the Rock Island & La Salle Railroad at such a point in Henry or Bureau counties as the company might designate, and by an amendment of June 19, 1852, "or any other railroad company connection, with or extending into the City of Chicago." This company built from Galesburg to Mendota, the road being opened December 7, 1854.
The Central Military Tract Railroad Company and the Chicago, Burling- ton & Quincy Railroad Company were, on July 9, 1856, consolidated under the name of the latter road. The branch from Galesburg to Quincy was built by the Northern Cross Railroad Company, and was opened January 31, 1856. This road was purchased by the Chicago, Burlington & Quincy at foreclosure sale, April 28, 1864, though the Chicago, Burlington & Quincy had acquired an' interest in this road prior to that date.
The line from Galesburg to Burlington was built by the Peoria & Oquawka Railroad Company. This company was incorporated February 12, 1849, to build from Peoria to Oquawka. By an amendment to its charter, its western terinintis was changed from Oquawka to a point opposite the City of Burlington. This road was opened March 6, 1855. from Galesburg to Burlington and from Gales- burg to Peoria, January 31, 1857.
On June 24, 1864, the Peoria & Burlington was consolidated with the Chi- cago, Burlington & Quincy under the name of the latter.
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HISTORY OF DES MOINES COUNTY
The bridge across the Mississippi River at Burlington was constructed by the Chicago, Burlington & Quiney and opened August 13, 1868.
The City of Burlington, which had issued its bonds for $75,000 and exchanged them for an equal amount of stock in the Burlington & Missouri River Railroad Company, which was subsequently consolidated with the Chicago, Burlington & Quincy Railroad Company ; its people now living want to know what became of this stock. We have searched the records of the city and failed to discover what became of it. Report is, and it has been so understood, this stock was sold on execution issued on judgments against the city by some of the bondholders. That at the sale it sold for about twenty cents on the dollar.
An act of the Legislature, approved April 2, 1868, made provision whereby municipal corporations could settle and adjust and compound their indebtedness ; was availed by Burlington by an ordinance passed March 7, 1870, entitled, "An Ordinance providing for the settlement of the public indebtedness under and in pursuance of an Act of the Legislature approved April 2, 1868, enabling public corporations to settle their indebtedness." We quote from the Hawkeye and Telegraph in its issue of Thursday, May 31, 1855:
"THE RAILROAD CELEBRATION TO-DAY"
"This evening at 6 o'clock precisely, if nothing interferes, the excursion train upon the Chicago & Burlington Railroad, which left Chicago at ten minutes of 8 o'clock, arrives at our town laden with guests invited by the officials connected with the road, by our city council, and the citizens generally. The guests arrived on time and were hospitably entertained. In the evening a ball was given at the Barrett House. The next day an excursion was given on the Jenny Lind from Burlington to Nauvoo and return. The train consisted of ten cars contain- ing about five hundred men and women, and arrived precisely at 6 o'clock. Among them were Hon. Lewis Cass, Hon. Stephen A. Douglas, the mayor and aldermen of Chicago. The guests were taken aboard the magnificent ferry boat and brought across the Mississippi. The boat was dressed with flags and banners, where they were received by the reception committee. Mayor Hudson made a speech on behalf of the city. to which response was made by Mayor Boon, of Chicago. A magnificent banquet was given at Marion Hall, at which Hon. FitzHenry Warren presided. A band from Chicago furnished the music, etc."
When we come to look at the past and call to mind the incidents and events taken place in connection with the establishment of those things which have made Burlington what it is, we must give credit to those who took the initial steps, as well as those who carried forward the same to completion. The men who became incorporators for the construction of the Burlington & Missouri River Railroad were not rich men, but of moderate means. They saw the necessity of a railroad from the Mississippi to the Missouri River; that at the rate the country was being occupied, the time would soon come when such a road would pay a reasonable dividend on its cost of construction. Judge Mason, James W. Grimes, Thomas Hedge, D. Rorer, J. C. Hall, and others, who were the prime movers in the enterprises, while they did not have much money, had what was as good, a lot of grit and enterprise, and realized that they could give it such a start that it would commend the confidence of those who had the power to
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HISTORY OF DES MOINES COUNTY
crown it with success. That they possessed large forethought of what would in the future result from the enterprise taken by them is seen in the report of Hon. J. C. Hall to the stockholders. At the time of Mr. Hall's report, affairs were so arranged the company was sure of its being built to Ottumwa in a short time. The people of the country and towns through which the road would pass were working for its completion without any opposition. All those projectors ever expected was to give it such a start that it would demand the confidence and support of those who could control sufficient capital to complete what they had begun.
The completion of the road from Chicago to Burlington, which had been brought about by eastern men, made it more desirable to complete the Burlington enterprise to the Missouri River. The Burlington people succeeded in getting eastern men interested in the road. When those men became interested and took hold of the project I do not know, but I find that the board of directors held a meeting in Boston, April 28, 1864, at which were present R. B. Forbes, J. M. Forbes, J. F. Joy, J. W. Brooks and J. P. Kidder. "On motion of Mr. Joy, seconded by J. M. Forbes, voted unanimously that with the consent of the absent directors in writing, number Seven of the articles of incorporation be amended by substituting Six for Two in the last sentence so as to read 'The liabilities of the company shall not exceed at any time Six Million Dollars,' etc. The above is a true and correct copy from the records of the company."
C. E. PERKINS, Secretary.
At this time the road was being pushed as fast as possible, under the circum- stances, toward its completion under what was called the Boston management. The young man, C. E. Perkins, signing himself as secretary, was to become one of the most important factors, not only in the construction of the road in Iowa, but also one of the greatest railroad builders of the West. He married Miss Edith Forbes of Boston, and soon after their marriage they made their home in Burlington, Iowa, which continued to be their home until the death of Mr. Perkins, and is at the present time the home of Mrs. Perkins.
It can be truthfully said that no one in the West during his time contributed more to its material advancement than this young man who came from Boston with his young wife and made Burlington his home. He first took an inferior position in connection with the Burlington & Missouri River Railroad Company, and by rapid stages, as he proved his ability, rose in the line of promotion until it was not long when those charged with the management of the great enterprise- that of constructing and maintaining one of the greatest continental routes of railways, with its branches-made him its president, which position he held for many years prior to and at the time of his death.
Mr. Perkins had all the elements which constitute a strong character, and that to such a degree as to inspire confidence in his ability to perform what he had undertaken. Because of his sound judgment, attention to business, his executive ability, he had never failed in doing thoroughly and well what he had undertaken. His character was such that he gained the good will of all with whom he came in contact. The problem which he undertook to perform for the interests he represented was not confined to that of Iowa, but to that vast
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HISTORY OF DES MOINES COUNTY
territory extending from Chicago to the Rocky Mountains. It was at an early day as possible that he helped to bring this vast domain in contact not only with the Atlantic, but the Pacific seaboards, thus to bring happiness and prosperity to the inhabitants of the land through which the Chicago, Burlington & Quincy ran. This he performed without any scandal, without any wrong of any kind which would tarnish his good name and fame. He possessed the power to put in opera- tion and control those forces which were necessary to the accomplishment of his designs without any friction, but, on the contrary, with harmony and good will.
It is true no one is sufficient of himself to accomplish great results. He has to act through others to accomplish his will. But men are of different degree, and one of the things necessary to success in the accomplishment of great designs is to be able to select the proper instruments that lead to success, and to control them when selected, and to know what has been accomplished has been done well and at the least cost.
Mr. Perkins had this power in superior degree. He fully recognized that honest dealing was the royal road to success, and that by honest dealing in con- nection with the interests of the people concerning the interests he represented, as well as that concerning his individual interests, must give him a standing which few men possessed.
There were times which tried his temper-times of unfriendly legislation toward the large interests which he represented, such legislation being actuated through ignorance of facts ; but during these times he maintained that equipoise of a great mind, being confident that what was right would in the end prevail.
T. J. POTTER
Mr. Potter was for many years general manager of the Chicago, Burlington & Quincy Railroad Company. No one could have been selected better fitted for the discharge of the duties connected with this important office. It included several thousand miles of trackage, divided into many divisions. On this trackage hundreds of trains ran daily. All this complex machinery had to be kept in working order, so that the cheapest and best service could be performed-that of the transportation of freight and passengers on the line of road. This mighty machine had to be kept in running order to do its work. To do so required a thorough knowledge of the machine in all its parts, to know its capacity, and to see that those who operated knew their duties and performed them. Such was the work of Mr. T. J. Potter.
HON. W. W. BALDWIN
Mr. Baldwin came to Burlington soon after his graduation at the law depart- ment of the State University and entered into the practice of law with Hon. B. J. Hall, one of the prominent members of the Des Moines County Bar. He con- tinued in the practice of the law with Mr. Hall under the firm name of Hall & Baldwin until the time came when a great opportunity was opened for advance- ment, though not in the practice of law, though his legal knowledge served him greatly in his new occupation and in the discharge of the duties of the offices which he has held. There was offered him at first the sole charge of the land
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HISTORY OF DES MOINES COUNTY
department of the Burlington & Missouri River Railroad Company. How much of the lands granted to aid in the construction of the road at the time Mr. Bald- win took charge we do not know, but there was a large amount to be disposed of and to look after the completion of the sales contracts made was a large undertaking which consumed several years of Mr. Baldwin's time. No one better could have been selected to discharge the important duties of the matters entrusted to him.
Mr. Baldwin's rise in the railroad world has been such that his friends have the right to rejoice with him because of the success which has crowned his labors, and so recognized by those whose interests he had in charge.
Mr. Baldwin, although his time has largely been taken'up with the interests of the company which he serves so faithfully, has not neglected to discharge other duties which citizenship imposes on one. Ile has been active in charitable undertakings for the people of the city; served the Independent School District of Burlington as its president, and was for many years a member of the board of directors of the free public library. He has been active in aiding all these things which pertain to the public good and welfare.
THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY
The following named persons on the 31st of December, 1866, became incor- porators under the name of the Cedar Rapids & Burlington Railroad Company : H. W. Starr, J. H. Gear, Erastus Chamberlain, J. C. Hall, James Putnam, Thomas Duncan, S. E. Taylor, John G. Foote, H. H. Scott, E. E. Gay, Ezekiel Clark, Edward Shepherd, H. M. Love, S. D. Carpenter, Morgan Reno, William Grimes, John Bird, William Baker, James Henley, George Jamison. The object of the corporation thus constituted was to construct a railroad from Cedar Rapids, Iowa, to Burlington, by the way of Iowa City and Wapello, and to connect with a road from Burlington to Keokuk and St. Louis, Mo.
The capital stock was fixed at $2,000,000.
Some of the incorporators lived in Burlington, others in Wapello, Iowa City and Cedar Rapids.
About the same time there was formed another company to construct a railroad running north from Cedar Rapids to St. Paul and Minneapolis. Subsequently these two companies became consolidated under the name of Burlington, Cedar Rapids & Minnesota Railroad Company, and under the latter name the road was built from Burlington St. Paul and Minneapolis.
The road was financed principally by New York capitalists, with what sub- scriptions had been raised along its line.
The road was unable to meet its bonded obligations, and because of such the mortgage securing its bonds was foreclosed. For a time it was in the hands of a receiver, who operated it. When sold under foreclosure it fell into the possession of the Burlington, Cedar Rapids & Northern Railway Company, which company continued to operate it for a time, when it appears the Chicago, Rock Island & Pacific Railway Company got control of the majority of its stock, when its name was changed to Chicago, Rock Island & Pacific Railway Company.
However, prior to this time the road north of Cohimbus Junction was run as a part of the Rock Island system and that part south as a part of the Chicago, Burlington & Quincy system.
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HISTORY OF DES MOINES COUNTY
BURLINGTON & NORTHWESTERN RAILWAY
Thomas Hedge, Richard Spencer, W. W. Baldwin, S. H. Jones, W. Gillies. A. C. Dodge, William Bell, John S. David, H. H. Scott, William Lee, F. A. Tiede- mann, D. T. Portlock, J. F. Kuhlenbeck, S. M. Shortridge, David Leonard, William Orendorff, Robert Allen, and others, became incorporated in 1875 for the purpose of constructing a railroad in a northwest direction from Burlington. It had no definite terminal point, but was going where it would do the most good and receive the most help. This road was constructed as a narrow gauge road from Burlington to Washington and from Winfield west to Oskaloosa. The Chicago, Burlington & Quincy Railroad Company subsequently got control of the above named road, changed its gauge to a standard gauge and operates it as one of its branches.
THE BURLINGTON & KEOKUK RAILROAD
This railroad was constructed as a link in the chain of roads leading from St. Paul to St. Louis. It is now a part of the line known as the Keokuk & Northwestern Railway, over which trains of the Chicago, Burlington & Quincy and Chicago, Rock Island & Pacific Railway Company run into St. Louis.
THE BURLINGTON & SOUTHWESTERN
The Burlington & Southwestern is a railroad running from Burlington to Fort Madison, thence to Velie Junction, thence in a southwest direction, with connections at St. Joseph, Kansas City, and other points southwest. The road is one of great importance to Burlington, by giving it inlet to a territory valuable to its trade. No road extending from Burlington had so hard a time as the Burlington & Southwestern. It failed to pull itself through as an independent enterprise and finally fell into the control of the Chicago, Burlington & Quincy, which operates it under the name of Chicago, Burlington & Kansas City Railroad Company.
THE BURLINGTON, CARTILAGE & QUINCY
This is a road running southeast from Burlington to Carthage, thence to Quincy, thence to St. Louis. This road belongs to the Chicago, Burlington & Quincy system.
THE TOLEDO, PEORIA & WESTERN
This road runs in a southeast direction from Burlington, connecting with main line to Keokuk at LaHarpe, thence east.
THIE MUSCATINE NORTHI & SOUTH RAILROAD COMPANY
This road is the latest addition to the railroads leading into Burlington. The road was first constructed from Muscatine to Wapello, thence to Oakville, where it connected with the Iowa Central. Some three years ago the line was con- structed from Oakville to Burlington. The line runs through much of the rich bottom lands from Burlington to Wapello.
No city in the state is better supplied with railroad facilities than those pos- sessed by Burlington.
CHAPTER XXIX
DRAINAGE DISTRICTS
In the northern part of the county the lands lying between the Mississippi River and the high bluffs, for the most part, were what were called swamp lands, and as such had been granted by the Government to the state, and by the state sold for almost any price one would offer.
In this swamp land district were many lakes of various depths and covering large areas.
In Huron Township were the following: Gates Lake, situated mostly in the northeast quarter of section 9: Tyler Lake, situate mostly in the northeast and southeast quarter of section 17; Heaton's Pond, in southwest quarter of section 16; Barton Pond, situate in the northeast quarter of section 19: Swan Lake, situate in southeast quarter of section 20; Mud Lake, in southeast quarter of section 19; Clear Lake, in the west half of section 27: Bradley Lake, the largest of all, in the north half and southwest quarter of section 31 ; Willow Lake, in about the center of section 33, running north and south. None of these lakes, except Gates Lake and Heaton's Pond, had any outlet. The latter two had an outlet to the Mississippi through Huron Slough, which took its source with the Missis- sippi River at section 3, and emptied into the river in section 27, range I, north, 5 P. M.
In Jackson Township existed the following lakes: Sand Lake, which was a long lake extending in a southeasterly direction through the west half of section 9. There existed what was called Running Slough, which had a con- nection with the river in the northwest quarter of section 34, range I, west, 5 P. M. This slough ran in a southeasterly direction, passing into Jack- son Township, thence through Sand Lake and emptying into the Mississippi at the foot of O'Connell Island. There existed what was called Cotton Wood Slough, which ran in a southeasterly direction in the northwest part of Jackson Township.
When the water of the river rose in the spring, it overflowed all this low land. When it receded, which was usually in the last of June, it left the lake depres- sions completely filled with water and abounding with the best of fish, without any opportunity of escape. Only at certain places in the district, under favor- able conditions, was it possible to raise a crop of corn, wheat or oats.
At first a certain amount of drainage of the lakes was undertaken under the law then in existence. A ditch was cut from Tyler Lake to Heaton's Pond, which had connection with Huron Slough and the river. Another was cut from Barton Pond to Swan Lake, and from Swan Lake to Clear Lake, and from Clear Lake to Willow Lake, which had connection with the river by means of a slough.
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HISTORY OF DES MOINES COUNTY
It was a waste of money to pay for what was done. The only way to redeem these lands was to shut off the overflow of water from the river. When this was done, then by means of drainage, bringing the water which came from the high lands on the west through the ravines and creeks and empty it into the Missis- sippi. The United States constructed a levee some distance above high water mark of the river, commencing at a point just above the City of Burlington, and extending along the west bank of the river to a point in Louisa County, pre- venting an overflow. When this had been accomplished, the owners of these swamp lands commenced to establish certain drainage districts, in the manner provided by law. Jacob A. Harman, an engineer, was employed, and devised and plotted a certain drainage district embracing a system of drainage. Instead of cutting drains which ran east from the bluffs to the river to afford drainage, he took the natural depressions existing, carrying the water from the lakes to the sloughs, which emptied into the river, and at these points erected pumping stations. At these stations are installed great pumps which lift the water from the drains over the levee and emptied it into the river.
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