History of Franklin and Cerro Gordo counties, Iowa and biographies of representative citizens. History of Iowa, embracing accounts of the pre-historic races, Part 19

Author: Union Publishing Company (Springfield, Ill.) pbl
Publication date: 1883
Publisher: Springfield, Ill. : Union publishing company
Number of Pages: 990


USA > Iowa > Cerro Gordo County > History of Franklin and Cerro Gordo counties, Iowa and biographies of representative citizens. History of Iowa, embracing accounts of the pre-historic races > Part 19
USA > Iowa > Franklin County > History of Franklin and Cerro Gordo counties, Iowa and biographies of representative citizens. History of Iowa, embracing accounts of the pre-historic races > Part 19


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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But the people were still in favor of Hampton, and an injunction was pro- cured restraining the vote upon the ques- tion. This apparently settled the matter, for it has never since been brought be fore the courts. The bitter feeling that was once felt over the question has quieted down, and been forgotten, and as succeed- ing months, years and decades roll by, Hampton will give still better satisfaction as the seat of justice of Franklin county.


COUNTY BUILDINGS.


The contract for building the first court house in Hampton must have been let early in 1857, as under the date of May 29, 1857, an order was issued to F. A. Denton for $200, being the amount due him as the second payment for building the court house. The court house was built on the southeast corner of the court house square, in Hampton, and was a one-story building about 18x30 feet in size, built


HISTORY OF FRANKLIN COUNTY. 153


mostly of native lumber sawed at Mays- ville and Hampton. It was finished about the 1st of July, 1857. July 4, 1857, it was informally dedicated by a celebration, the first Fourth of July celebration ever held in Hampton. No committee of arrange- ments was appointed and no preliminary meeting held, but the settlers generally hitched up their ox teams and came to- gether. If they organized by electing any president of the day, his name has not been mentioned to the historian. Speeches were made by W. R. Jamison, of Union Ridge, S. H. Vankirk, of Reeve township and others. It is believed that Mr. Vankirk read the Declaration of In- dependence. All were patriotic and in- spiring, and as the honest people started for home in time to do the night chores, they felt as well repaid for the day spent as their descendants of to-day, when re- turning from a celebration in their car- riages, where more pomp, fuss and feath- ers, but perhaps no more patriotism and enthusiasm were exhibited.


The old court house did duty until 1866, when the erection of the new court house was commenced, and the old one was sold to some members of the M. E. Church and moved on to a lot just south of J. S. Cole's residence, on Main street, the intention being to fit it up as a place of worship. This was never done, how- ever, but it was remodeled into a dwell- ing house and was so used until 1879, when it was removed to lots belonging to Peter Chance, at the south end of Reeve sree, and is now doing duy as a stable.


The old court house was for years the place for all public gatherings, even


dances; and many and bitter were the controversies between the dancing and anti-dancing parties as to whether it should be used for such purposes or not. Generally, however, the dancing party carried the day.


After the sale of the court house, 'he county officers moved their records and apparatus to the rooms of the school house, where they remained until the present court house was built. This building was erected upon a contract le to U. Weeks, for $12,500, but the ac ual cost somewhat exceeded this amount. It is a neat stone building, 48x70 feet in size, and stands in the center of the court house square, in the midst of the business portion of Hampton. The grounds are decorated with an abun- dance of shade trees which were set out in 1872 or 1873 by C. J. Mott.


The county jail and sheriff's residence were erected in 1880, at a cost of $9,850. The lots on which the building stands, cost $625, of which amount the citizens of Hampton gave $225, in private sub- scriptions. The building was erected by D. W. Dow, contractor, who was the lowest bidder, and the cells and iron work were purchased of Paulley & Bro., of St. Louis, Missouri. That part of the building devoted to the residence of the sheriff is 33x32 feet, two stories high, and attached to it is the jail, 20x27 feet, one story high, built of red brick. The prop- erty is now valued at about $12,000.


ORGANIZATION OF TOWNSHIPS.


According to the laws of the State, when Franklin county was organized, it was considered a single township. That is, where there was no organization, the


.


154


HISTORY OF FRANKLIN COUNTY.


territory was attached to some adjoining county, and treated as one of its civil sub- divisions, and was authorized to elect township officers. Prior to organization, there is no record stating that Franklin county had a township organization. It was attached to Hardin and Chickasaw counties for judicial and civil purposes. In August, 1855, the county was organ- ized and officers elected. Not much was done the first winter toward getting the governmental wheels of the county in mo- tion, but the following spring the county was divided into three townships, and or- ders were issued for the election of town- ship officers.


At the March term of the county court, 1856, the original township was organized, by the following order of the county judge, James B. Reeve:


"Be it remembered, that at a regular term of the county court, in and for the county of Franklin and State of Iowa, held on Mon- day, March 3, 1856, that townships 90, range 19; 90, range 20; 90, range 21 and 91, 19; 91, 20; 91, 21; be it known that it is ordered by the court, that they be or- ganized into one township and it be called Reeve; and that townships 92, 19; 92, 20; 92, 21 and 93, 19; 93, 20 and 93, 21, be organized into one township and called Washington; and that townships 90, 22; 91, 22; 92, 22 and 93, 22, be organized in- to one township, and it be called Morgan.


JAMES B. REEVE, County Judge."


It will be seen that Morgan township comprised the territory now embraced in the townships of Morgan, Oakland, Scott and Wisner, being twenty-four miles north and south , and six east and west.


Reeve comprised the present townships of Osceola, Grant, Lee, Geneva, Reeve and Hamilton, and was twelve miles north and south, and eighteen miles east and west. Washington township included Ingham, Mott, Washington, Marion, West Fork, Clinton, Ross and Richland, being the same size as Reeve.


Since 1856, there have been many changes made in the boundaries of town- ships, until they have assumed their pres- ent limits. At present the civil townships of Franklin county respectively embrace territory as follows:


West Fork, township 93, range 19.


Ross, the most of township 93, range 20.


Clinton, 3,360 acres in township 93, range 20.


Richland, township 93, range 21.


Wisner, township 93, range 22.


Ingham, township 92, range 19.


Mott, all of township 92, range 20, ex- cept 800 acres.


Washington, 800 acres of township 92, range 20.


Marion, township 92, range 21.


Scott, township 92, range 22.


. Geneva, township 91, range 19. Reeve, township 91, range 20.


Hamilton, township 91, range 21.


Morgan, township 91, range 22.


Osceola, township 90. range 19. Grant, township 90, range 20.


Lee, township 90, range 21.


Oakland, township 90, range 22. FIRST EVENTS.


Addison Phelps and James B. Reeve were the first settlers of Franklin county.


Abner Sturms, born in January, 1854, was the first white child born in the county.


155


HISTORY OF FRANKLIN COUNTY.


The first death was that of a babe of Mr. Crouch, in the winter of 1854-5.


The first entry of land in the county was made in what is now Oakland town- ship, by Francis M. Mitchell, being the southeast quarter of the southwest quarter. and the southwest quarter of the southeast quarter of section 35.


The first notary public's commission ever issued to a resident of the county was to John I. Popejoy, Feb. 14, 1856. It was signed by James W. Grimes, as Governor, and Geo. W. McCrary-after- wards Secretary of War-as Secretary of State.


The first marriage ever solemnized in Franklin county took place on the evening of July 5, 1855. The parties were Alex- ander Arledge and Julia Peters. ʼThe ceremony was performed by Esquire Mc- Crary, or McCreery, who at that time lived on the J. D. Parks' place, and who held his office by virtue of an appointment from the county judge of Hardin county. The happy couple walked down to the Squire's, and as it was dark before they returned, the boys of the neighborhood improved the occasion to make it interest- ing for the newly wedded pair, by placing logs and brush in the road for them to stumble over on their return.


CHAPTER V.


COUNTY GOVERNMENT AND OTHER OFFICIAL MATTERS.


When Franklin county was organized, the local government of the counties throughout the State was vested in what was termed the "county court," which con- sisted of a judge, clerk and sheriff. The county judge had entire jurisdiction in all matters which could not properly be brought before the district court, and which to-day is vested in the board of supervisors, and was therefore, to a certain extent, "supreme ruler," in county matters. The office was the most important one in the gift of the people of the county.


COUNTY COURT.


The first term of county court was held March 3, 1856, Judge J. B. Reeve presid- ing. Nothing of much importance was


transacted at this term, except the order- ing of the April election, at which time the question of re-locating the county seat was to be submitted to the voters of Frank- lin county. The first statement rendered by the county judge in regard to the salaries of the several officers read as follows:


"It appears from the books of the county officers that the county judge has received nothing; the county treasurer thirty-eight dollars and forty cents; the clerk seventy cents, amounting to thirty-nine dollars and ten cents, for the last quarter of A. D. 1856, ending on the first Monday of Au- gust, which is to be equally divided be- tween them, making for each of them


156


HISTORY OF FRANKLIN COUNTY.


thirteen dollars and three cents, and that the balance of their salary be drawn upon the treasurer which amounts to sixty-one dollars and ninety-seven cents each.


JAMES B. REEVE, County Judge."


In November, 1856, Samuel R. Mitchell resigned the office of clerk of court, and Judge Reeve appointed James Thompson to fill the vacancy.


In 1856, and for some years afterward, the State liquor laws of Iowa were so framed that it was left to township, and counties to regulate the sale of liquors, by the appointment of what was known as liquor agents, who had the exclusive sale of the same and usually received a com- mission on their sales, but in Franklin county a salary was paid, as will be seen by the following order issued by Judge Reeve :


"Angust 27, A. D. 1856 .- This day Thomas Baker was appointed agent .to sell liquors in Maysville, for Franklin county and is to have a salary of five dollars per month for his services.


JAMES B. REEVE, County Judge." BOARD OF SUPERVISORS.


During the winter of 1859-60 an act was passed by the General Assembly, which was approved by the governor, changing the mode of local government, and creating the board of supervisors of the county. This board took charge and had all the powers formerly vested in the county court, excepting the issuance of marriage licenses, probate matters and civil cases.


The county court still held its sessions, and continued so to do until 1869, when it


was abolished by law; but nothing of interest transpired, as the time was all spent in routine matters.


The board of county supervisors con- sisted of one member from each township. The election for members occurred at the general election, in November, 1860.


The first meeting of the board of super- visors was held in January, 1861. The board consisted of the following members from their respective townships :


John E. Boyles, two years, Clinton; J. H. Allen, one year, Ingham; J. M White, one year, Washington ; Richard Horner, two years, Geneva; G. M. Davidson, two years, Osceola; Erastus Baker, one year, Reeves; Jesse R. Dodd, one year, Morgan. John E. Boyles was chosen chairman of the board.


At the Jannary session in 1862, Charles Flanigan presented a set of rules to govern the board of supervisors. The board passed upon and finally adopted the same, ordering twenty-seven copies to be pub- lished at the Record office, in Hampton, in pamphlet form. One of the rules con- tained therein was "that the clerk of the board copy every resolution and motion verbatim."


At the August session of the board that year, the following resolutions were passed in behalf of the brave soldiers who at that time were in the field:


Resolved, 1. That we at our next regular meeting appropriate the sum of fifty dollars out of the county treasury to each volunteer that is hereafter sworn into the United States service from Franklin county, and ten dollars to each volunteer heretofore sworn into the service, who has not received the same, in accordance with a resolution heretofore passed.


.


1


157


HISTORY OF FRANKLIN COUNTY.


Resolved, 2. That the wife of each volunteer, from this county, receive the sum of one dollar per week and each child, under the age of twelve years, receive the sum of fifty cents per week during the term of such volunteer's service in the army.


In 1863, the board consisted of the fol- lowing named, from the various town- ships: John O. Craper, Ingham; Charles Flanagin, Washington; Levi Jones, Reeve; Jesse R. Dodd, Morgan; John Ashman, Clinton; John Fahey, Osceola; Rufus Benson, Geneva. Charles Flanagin was elected chairman.


In 1864, the board convened Jan. 3, and organized by the elec ion of A. Piek- ering as chairman for the ensuing year. The supervisor elect, and those present to answer the roll call, were as follows: John Ashman, Clinton; Rufus Benson, Geneva; Henry Bushyager, Ingham; A. Pickering, Reeve; Daniel Scott, Washing- ton; L. A. Morgan, Morgan; John Fahey, Osceola.


At the July session, the board passed this resolution:


Resolvo That the board make an appropria tion of $100 out of the county fund for the pur- pose of procuring arms and aiding a vigilance committee of Franklin county in the protection of property against thieves.


In 1865, the board met Jan. 1, and elected Charles Pickering, of Reeve town- ship, as chairman. The following con- stituted the board: Charles Pickering, Reeve; James Scott, Washington; L. A. Morgan, Morgan H .; Bushyager, Ingham; D. G. Carbaugh, Geneva; . John Fahey, Osceola; B. H. Gibbs, Clinton.


In 1866, the board convened Jan. 5, and elected D. G. Carbaugh chairman. This board was made up of the following:


D. G. Carbaugh, Geneva; B. H. Gibbs, Clinton; John Fahey, Osceola; E. L. Clock, Reeve; W. G. Beed, Washington; E. A. Howland, Morgan; W. II. Hoxie, Ingham. Nothing of great importance transpired during the administration of this board, except letting the contract for building the court house at Hampton. It was awarded to U. Weeks, for $12,500. The specifications called for a stone building, 48x70 feet and two stories high. In 1867, the supervisors met in session, the first week in January, and elected from their number, D. G. Carbaugh, as chairman. The members were: W. H. Hoxie, Will- iam G. Beed, E. L. Clock, E. A. Howland, II. H. Grinnell, D. G. Carbangh and John Fahey. At their June meeting they sold the old court house at auction, to J. G. Lambert, for $264.


In 1868, the board consisted of D. G. Carbangh, H. H. Grinnell, John Fahey, A. T. Reeve, Milo Ross, W. HI. Hoxie and E. A. Ilowland. D. G. Carbaugh was elected chairman of the board.


At the June session of the board, upon a petition presented by E. A. Howland, the territory known as Oakland township, was set off from Morgan and Reeve town- ships. West Fork township was also cre- ated this year.


The board of 1869, was made up of representatives from the nine townships, as follows: E. A. Howland, Morgan; A. T. Reeve, Reeve; Milo Ross, Washington; W. H. Hoxie, Ingham; J. I. Popejoy, Oakland; Philip Salsberry, Osceola; Allen Andrews, Geneva; Lyman Hunt, Clinton; and Isaac Patterson. E. A. Howland served as chairman.


158


HISTORY OF FRANKLIN COUNTY.


In 1870, the following constituted the board of supervisors: T. E. B. Hudson, West Fork; W. H. Hoxie, Ingham; C. J. Mott, Washington; A. Andrews, Geneva; Philip Salsberry, Osceola; E. L. Clock, Reeve; R. L. Kenyon, Clinton; J. I. Pope- joy, Oakland; and R. E. Train, Morgan.


The following resolution was passed by the board:


"Resolved, That the amount of exemption from taxation, shall be $2.50 on each acre of forest trees planted for timber; 50c on each mile of shade trees, along the high- way. Also $1.00 for each half mile of hedge, and $2.50 for each acre of fruit trees, in a healthy, growing condition. The fruit trees to be not more than eight feet apart. This resolution applies to trees planted in 1870, only."


· This was the last meeting of the county board of supervisors made up of one mem- ber from each township. The General As- sembly, by an act, changed the manner of local government, and the board of supervi sors was re-arranged so as to be composed of three, who were to be elected at large throughout the county. The first board, which convened under this law, met during the first week in January, 1871, the members being: C. J. Mott, chosen for three years ; E. L. Clock, two years, and John I. Popejoy, one year. C. J. Mott was chosen chairman.


COUNTY SUPERVISORS SINCE 1871.


1872-C. J. Mott, E. L. Clock and B. K. Jackson, the former being chairman.


1873-C. J. Mott, D. W. Elliott and B. K. Jackson.


1874-B. K. Jackson, D. W. Elliott and L. D. Lane, with B. J. Jackson as chair- man.


1875-D. M. Elliot, L. D. Lane and David Church, the former serving as chairman.


1876-David Church, W. A. Alexander and J. I. Popejoy.


1877-John I. Popejoy, David Church and W. A. Alexander. Mr. Church served as chairman.


1878-J. I. Popejoy, W. A. Alexander and David Church, with the first named member as chairman.


1879-W. A. Alexander, David Church and J. I. Popejoy. W. A. Alexander was chosen chairman that year.


1880-David Church, J. I. Popejoy and W. A. Alexander, with Mr. Church as their chairman.


1881-J. I. Popejoy, W. A. Alexander and William Barry. J. I. Popejoy was chosen chairman again.


1882-W. A. Alexander, William Barry and A. D. St. Clair. W. A. Alexander was chairman.


1883-A. D. St. Clair, G. W. Hansell and W. H. McMillen, with the first named member as their chairman.


FINANCIAL.


A few of the important facts concern- ing the finances of Franklin county, have been taken from the records, and are here presented : The first levy of taxes in the county was made on the fourth Monday of August, 1856, by Judge Reeve, of the county court, and was as follows :


"At a regular session of the county court, held on the fourth Monday of August, A. D. 1856, for the levying of taxes upon the assessed value of taxable property in Franklin county. It is ordered for State, one and a quarter mills on the dollar ; for county, five mills ; for schools, one and


A. D. SAClair.


THE NEW YORK PUBLIC LIBRARY Astor, Lenox and Tilden Foundations


161


HISTORY OF FRANKLIN COUNTY.


one half mills ; roads, two mills, and fifty cents for county revenue on each poll, and one dollar for road revenue on each poll.


JAMES B. REEVE, County Judge. S. R. MITCHELL, County Clerk."


In 1858 the total valuation of property in the county was $1,114,401, of which but $48,692 was personal property. The total taxes collected from same was $10,- 812 96.


In 1870 it had increased as follows: Total valuation, $1,507,517; total amount of tax collected, $25,471.90, which showed an increase of tax in proportion to the valuation.


A marked contrast was seen in the valuation of the property in 1882, and that of 1870. The total valuation in 1882, being $2,934,249; the full amount of tax collected for that year being $85,042.46. Five mills of this tax, per dollar, was county tax ; one, poor ; three, bridge ; and county school tax, one mill.


POPULATION.


In 1856, the population of Franklin county was 780, in 1859 it was 1,159. Four years later it was 1,548. In 1865 it had increased to 1,899 ; in 1867, to 2,321, and in 1870, to 4,738. Five years later, 1875, the population was 6,558.


The following gives the population by townships, in 1880 :


Clinton, 307


Geneva, 826


Grant, 592


Hamilton, 417


Ingham 592


Lee,.


411


Marion,


432


Morgan, .


484


Mott, ( including Hampton ) .. 2,304


Oakland,


554


Osceola


856


Reeve,. 763


Richland. 409


Ross, 624


Scott, 63


West Fork,. 615


Total, 10,249


REGISTRY OF DEEDS.


The records pertaining to this county commence by the record of a deed filed June 4, 1855. It was a land conveyance from James Van Horn and wife to Eldridge Young; the land being the northwest quarter of the south west quarter of section 21, township 92, range 20. The consider- ation was fifty-five dollars. It was re- corded by J. H. Cusack, county recorder, and acknowledged by John Hunter, notary public. This was while Franklin formed a part of Hardin county.


The first mortgage on record was filed on the 25th of January, 1856, by Thomas T. Rawson and wife, to John H. Martin, of Butler county. Consideration $735.


In 1883, the books of deeds had run through all the letters in the alphabet and up to seven on the numerals; thirty-three in all. The real estate mortgage books run by the alphabet to "Q."


MATRIMONIAL. ·


In the early matrimonial days young men and women were not married in the grand style which usually character- izes marriages of the present time. They did not wait for riches to come be- fore marriage, as is generally the pres- ent enstom, but married and lived in simple and comfortable style, generally living happily and gaining the respect of their neighbors by attending to their own business. There were no diamond wed- dings in those days, and the extravagance that often now attends the marriage cere-


4


162


HISTORY OF FRANKLIN COTNTY.


mony was unheard of. The old folks were plain, economical and hospitable people, and the young folks were imbued with the same attributes that character- ized their fathers and mothers. They were willing to commence housekeeping in a style corresponding with their means, trusting to the future for larger houses and more expensive furniture.


It would doubtless be of interest to give the record of marriages for the first ten years of the county's existence, but they are too numerous, therefore, only the first few years are given as shown by the mar- riage license record in the office of the clerk of court.


The first marriage performed under the authority of a license issued by Franklin county, took place Oct. 9, 1855. The parties were Daniel B. Martin and Nancy Garner. C. M. Leggett, a justice of the peace, officiated.


The following is a list of those married in 1856:


Thomas Perdue and Sarah Ann Rine- hart, married by James B. Reeve, county judge.


Thomas Newell and Ellen Lathrop, by C. M. Leggett, Esq.


Samuel R. Freed and Margaret Garner, by John E. Boyles, Esq.


John C. Jones and Sarah Jane Creigh- ton, by Rev. James Skillen.


Lewis Shroyer and J. Ferman Jones, by II. I. Burley, Esq.


Amzi Dodd and Rebecca Gilson, by Judge J. B. Reeve.


The following is a list of those securing certificates in 1857:


Henry W. Smith and Hannah Eaves. They were married by James. B. Reeve, county judge.


Edward L. Clock and Fanny E. Wheeler.


Andrew Newell and Sarah Arnold, by James Utley.


Owen E. VanHorn and Lydia Ann Thatcher.


John Butterfleld and Mary Jane Jones, by J. Jones, justice of the peace.


G. W. Soper and Constantina M. Leg- gett, by James B. Reeve.


Wm. Sharp and S. Baker.


Solomon Staley and Philo Wheeler, by John Wilcox.


Wm. Murphy and Marietta Stickland.


Wm. C. Horner and Emaline Berry, by R. F. Pratt, acting county judge.


The following table shows the number of marriages contracted each year from 1858 to 1882, inclusive:


1858. 9


1871 37


1859


8 1872. 49


1860. 11


1873. 50


1861.


9


1874 53


1862


1875


54


1863. 0


1876. 79


1864.


13


1877. 80


1865


17


1878.


84


1866.


1879. 92


1867.


26


1880 129


1868


31


1881. 98


1869.


20


1882 97


1870. 31


Total.


1106


163


HISTORY OF FRANKLIN COUNTY.


CHAPTER VI.


THE COURTS OF FRANKLIN COUNTY.


Man is an imperfect being, and, as such, requires that laws shall be enacted for his government. When the Almighty placed Adam and Eve in the garden of Eden, He gave laws for their observance, with penalties attached for their violation. The children of Israel, after leaving Egypt, were given the ten commandments, the principles underlying which have proba- bly been the basis of all laws from that time to the present. The existence of laws necessarily implies the existence of courts wherein all questions of law shall be determined. This fact being determined, the framers of the State constitution instituted certain courts of justice with well defined powers. Changes have been made in the jurisdic- tion of these courts from time to time, but the rights of every citizen of high or low degree have ever been maintained.


DISTRICT COURT.


Prior to the organization of Franklin county, the territory now comprising it was made a part of the fifth judicial dis- trict. Cave J. McFarland, of Polk county, was judge of this district; but as the county was not organized, he never held here a term of court. However, he issued many official orders affecting Franklin county, and appointed the commissioners who located the county seat.


Judge MeFarland was an odd character, although one of the brightest men that




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