USA > Iowa > Fremont County > History of Fremont County, Iowa : containing a history of the county, its cities, towns, etc., a biographical directory of many of its leading citizens, war record of its volunteers in the late rebellion, general and local statistic, portraits of early settlers and prominent men, history of Iowa and the Northwest, map of Fremont County, constitution of the state of Iowa, reminiscences, miscellaneous matters, etc > Part 38
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84
The society so incorporated may, annually or oftener, elect from its members its Trustees, Directors or Managers at such time and place, and in such manner as may be specified in its by-laws, who shall have the control and management of the affairs and funds of the society, a majority of whom shall be a quorum for the transaction of business, and whenever any vacancy shall happen among such Trustees, Directors or Managers, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. When the body corporate consists of the Trustees, Directors or Managers of any benevolent, charitable, literary, scientific, religious or mis- sionary institution, which is or may be established in the State, and which is or ' may be under the patronage, control, direction or supervision of any synod, con- ference, association or other ecclesiastical body in such State, established agreeably to the laws thereof, such ecclesiastical body may nominate and appoint such Trustees, Directors or Managers, according to usages of the appoint- ing body, and may fill any vacancy which may occur among such Trustees, Directors or Managers; and when any such institution may be under the patronage, control, direction or supervision of two or more of such synods, con- ferences, associations or other ecclesiastical bodies, such bodies may severally nominate and appoint such proportion of such Trustees, Directors or Managers as shall be agreed upon by those bodies immediately concerned. And any vacancy occurring among such appointees last named, shall be filled by the synod, conference, association or body having appointed the last incumbent.
In case any election of Trustees, Directors or Managers shall not be made on the day designated by the by-laws, said society for that cause shall not be' dissolved, but such election may take place on any other day directed by such by-laws.
Any corporation formed under this chapter shall be capable of taking, hold- ing or receiving property by virtue of any devise or bequest contained in any last will or testament of any person whatsoever; but no person leaving a wife,
317
ABSTRACT OF IOWA STATE LAWS.
child or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his estate after the payment of his debts, and such device or bequest shall be valid only to the extent of such one-fourth.
Any corporation in this State of an academical character, the memberships of which shall consist of lay members and pastors of churches, delegates to any synod, conference or council holding its annual meetings alternately in this and one or more adjoining States, may hold its annual meetings for the election of officers and the transaction of business in any adjoining State to this, at such place therein as the said synod, conference or council shall hold its annual meet- ings; and the elections so held and business so transacted shall be as legal and binding as if held and transacted at the place of business of the corporation in this State.
The provisions of this chapter shall not extend or apply to any association or individual who shall, in the certificate filed with the Recorder, use or specify a name or style the same as that of any previously existing incorporated society in the county.
The Trustees, Directors or stockholders of any, existing benevolent, char- itable, scientific, missionary or religious corporation, may, by conforming to the requirements of Section 1095 of this chapter, re-incorporate themselves or con- tinue their existing corporate powers, and all the property and effects of such existing corporation shall vest in and belong to the corporation so re-incorporated or continued.
INTOXICATING LIQUORS.
No intoxicating liquors (alcohol, spirituous and vinous liquors), except wine manufactured from grapes, currants or other fruit grown in the State, shall be manufactured or sold, except for mechanical, medicinal, culinary or sacramental purposes ; and even such sale is limited as follows :
Any citizen of the State, except hotel keepers, keepers of saloons, eating houses, grocery keepers and confectioners, is permitted to buy and sell, within the county of his residence, such liquors for such mechanical, etc., purposes only, provided he shall obtain the consent of the Board of Supervisors. In order to get that consent, he must get a certificate from a majority of the elec- tors of the town or township or ward in which he desires to sell, that he is of good moral character, and a proper person to sell such liquors.
If the Board of Supervisors grant him permission to sell such liquors, he must give bonds, and shall not sell such liquors at a greater profit than thirty- three per cent. on the cost of the same. Any person having a permit to sell, shall make, on the last Saturday of every month, a return in writing to the Auditor of the county, showing the kind and quantity of the liquors purchased by him since the date of his last report, the price paid, and the amount of freights paid on the same ; also the kind and quantity of liquors sold by him since the date of his last report; to whom sold ; for what purpose and at what price; also the kind and quantity of liquors on hand; which report shall be sworn to by the person having the permit, and shall be kept by the Auditor, subject at all times to the inspection of the public.
No person shall sell or give away any intoxicating liquors, including wine or beer, to any minor, for any purpose whatever, except upon written order of parent, guardian or family physician ; or sell the same to an intoxicated person or a person in the habit of becoming intoxicated.
318
ABSTRACT OF IOWA STATE LAWS.
Any person who shall mix any intoxicating liquor with any beer, wine or cider, by him sold, and shall sell or keep for sale, as a beverage, such mixture, shall be punished as for sale of intoxicating liquor.
But nothing in the chapter containing the laws governing the sale or pro- hibiting the sale of intoxicating liquors, shall be construed to forbid the sale by the importer thereof of foreign intoxicating liquor, imported under the author- ity of the laws of the United States, regarding the importation of such liquors, and in accordance with such laws; provided that such liquor, at the time of the sale by the importer, remains in the original casks or packages in which it was by him imported, and in quantities not less than the quantities in which the laws of the United States require such liquors to be imported, and is sold by him in such original casks or packages, and in said quantities only.
All payment or compensation for intoxicating liquor sold in violation of the laws of this State, whether such payments or compensation be in money, goods, lands, labor, or anything else whatsoever, shall be held to have been received in viola- tion of law and equity and good conscience, and to have been received upon a valid promise and agreement of the receiver, in consideration of the receipt thereof, to pay on demand, to the person furnishing such consideration, the amount of the money on the just value of the goods or other things.
All sales, transfers, conveyances, mortgages, liens, attachments, pledges and securities of every kind, which, either in whole or in part, shall have been made on account of intoxicating liquors sold contrary to law, shall be utterly null and void.
Negotiable paper in the hands of holders thereof, in good faith, for valuable consideration, without notice of any illegality in its inception or transfer, how- ever, shall not be affected by the above provisions. Neither shall the holder of land or other property who may have taken the same in good faith, without notice of any defect in the title of the person from whom the same was taken, growing out of a violation of the liquor law, be affected by the above provision.
Every wife, child, parent, guardian, employer, or other person, who shall be injured in person or property or means of support, by an intoxicated person, or in consequence of the intoxication, has a right of action against any person who shall, by selling intoxicating liquors, cause the intoxication of such person, for all damages actually sustained as well as exemplary damages.
For any damages recovered, the personal and real property (except home- stead, as now provided) of the person against whom the damages are recovered, as well as the premises or property, personal or real, occupied and used by him, with consent and knowledge of owner, either for manufacturing or selling intox- icating liquors contrary to law, shall be liable.
The only other exemption, besides the homestead, from this sweeping liability, is that the defendant may have enough for the support of his family for six months, to be determined by the Township Trustee.
No ale, wine, beer or other malt or vinous liquors shall be sold within two miles of the corporate limits of any municipal corporation, except at wholesale, for the purpose of shipment to places outside of such corporation and such two- mile limits. The power of the corporation to prohibit or license sale of liquors not prohibited by law is extended over the two miles.
No ale, wine, beer or other malt or vinous liquors shall be sold on the day on which any election is held under the laws of this State, within two miles of the place where said election is held; except only that any person holding a permit may sell upon the prescription of a practicing physician.
319
ABSTRACT OF IOWA STATE LAWS.
SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIP- TION.
The business of publishing books by subscription, having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made :
A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the consid- eration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exag- gerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the princi- pal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.
All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they can not be altered, varied or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.
Persons employed to solicit subscriptions are known to the trade as can- vassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond the time of delivery, nor bind heir principal for the payment of expenses incurred in their business.
It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is; if they can not read themselves call on ome one disinterested who can.
STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.)
No. of
No. of
No. of
Acres
Acres
Spring Wheat.
Winter Wheat.
Indian Corn.
Oats.
Value of
Products
COUNTIES.
Acres
of Im-
Unim-
under
proved
proved
Culti-
vation
No. of
No. of
No. of
Bushels
No. of
No. of
Bushels
No. of
Bushels
No. of
No. of
of Farm
Land.
Acres.
Acres.
Acres.
Acres.
Bushels
in
Land.
in 1874.
Harv't'd
Harv't'd
Harv't'd!
Harv't'd
Dollars.
Appanoose ..
161059
161083
125188
9606
77789
1049
10838
64871
2385243
24325
905920
13756
12776
387346
937639
1964
$1611937
Alamakee.
134767
156821
109388
61880
181
9225
394655
788
442829
Audubon.
21146
23819
15986
6876
89235
10
97
25474
969777
33233
1415769
184153
Adams
65459
43735
54352
17947
281376
7
174
3951
141293
Adair
83182
55680
66265
27550
435014
3500
30860
1402428
228231
4455
159739
695318
828171
Buena Vista
33118
37031
27010
15514
162737
7888
2791
83244
67069
280
3328921
15490
207828
Benton.
297518
53911
239408
1343666
156987
71810
99406
7
Boone.
108642
32505
429257
11
84
46151
1595752
10401
445070
404620
2664995
1018453
Butler.
149498
58908
124877
57907
779167
20
700
38685
1270878
421719
Bremer
145967
47001
104810
48878
644795
28754
1026641
13827
1939590
14259
518571
1209785
Black Hawk
213025
150881
181256
1108024
56592
16804
538196
1144620
89361
1898424
Buchanan.
19056
71418
157210
64291
812342
48831
1811250
17431
556209
2615949
Clay.
37059
39919
28974
33375
45412
17481
153159
8797
180120
4436
98766
401507
9459
315215
123343
Cherokee
54638
31693
Cass.
110864
45304
92785
40123
676209
40582
1901062
3545
115595
35019
9079
176281
1284899
Crawford
58058
283414
41417
15262
21000
324894
17957
648658
2902
99158
483357
Cedar
248869
166485
40467
640544
26
295
78224
2845921
20243
Cerro Gordo.
52980
309895
48648
28199
415463
21030
9512
265443
7199
675837
228097
2606149
591617
Clayton
212291
151908
173622
86883
1305125
1347
37948
1471263
20024
669895
2081793
Clinton
299855
57337
74104
68683
1010345
12
428
89297
3061338
23704
702059
3049019
Chickasaw
96504
94772
40162
643519
8
63
16821
514279
11744
446300
Carroll
58065
309744
39159
26756
340161
3
20
217090
16014
3238
39066
550041
50487
1580260
107577
894656
78803
451365
Clarke
98694
17968
7
55
12337
367643
Calhoun.
26996
26618
11040
109631
10
150
10656
351120
2993
7054987
Davis.
150938
116003
131597
5378
30993
5379
56405
62127
50484
2115569
73182
221613
Decatur
12239
1763140
13643
345707
344551
1608090
115751
Dubuque.
187831
87172
98561
95275
146244
8211
77169
817
10555
1024541
49240
634135
84
67118
1702391
25115
643322
Des Moines
143665
58165
97618
113396
1720
10615
8688
117310
102924
2307938
9242
287392
1636132
62305
161357
1772992
Delaware
472029
60401
71728
5
50
56150
1690585
20577
632113
37282
1693314
Dickinson
15770
29850
25822
3183
44455
2403
Dallas
132435
11961
5701
45334
57765
114625
29256
445848
7
2484898
9937
335124
Emmet
9989
25586
147098
32130
8387
3911
186
57652
1502047
1510
3241
Floyd .
110708
62067
941439
2197
26462
14273
642448
1549
15461
487729
15244
Fayette.
179504
98156
133758
37091
1367877
60779
863670
46
968
1296480
20770
704407
1508127
Franklin
69859
43046
65590
31096
455909
24066
9532
Fremont
115907
198832
103039
13229
Grundy
146089
135108
67384
206901
841
16625
73845
758983
328679
777106
1703985
1482582
5419
179645
40175
11786
401948
1046066
47926
Green
59940
49838
52323
19391
976607
257760
783037
783027
4227
120948
1593977
620905
Guthrie
87259
128831
47220
76892
27489
393574
2
22
44
38902
1669134
4145
153505
792461
Hardin
Humboldt
29114
39930
97765
38464
360
12046
497251
41304
9998
1379961
10982
356915
1066627
Howard.
36906
27013
3974
90944
115823
Harrison
94848
171048
337451
61871
36115
20902
297381
200001
72287
582803
9916
307912
10210
340268
734409
23948
Hancock
10162
Hamilton
341615
143701
84
1200
44720
1620192
3462
69140
786677
9005
4889
70006
2067
57899
63966
1353
48816
89405
39935
52050
20676
Henry
182080
50249
110831
294682
20441
670731
5108
168262
52762
7292
15026
62672
2415670
13393
358221
Ida.
Iowa
191041
9494
89357
6514
3108
180220
9041
2301
158488
48410
48815
113203
108465
1765670
670247
36
1080
€2518
2713830
455
14060
7482212
Jackson
319071
2005049
193290
142401
11756
Johnson
491
241021
142401
43515
550000
7942
53962
23652
521156
1750091
278881
71257
179752
193019
1665518
216949
45306
79926
666779
100
1274
77142
3158178
17760
522197
2447875
Jasper
Jones ..
208907
1107170
Jefferson
167389
63298
140684
125590
36090
462478
31
409
100217
65423
4525889
1909534
15267
532239
66979
18260
2916838
1695510
464824
1696416
Keokuk
208125
98999
16237
164904
6192
66739
55061
14005
446128
1530140
Kossuth.
31550
149672
33278
368528
28835
149
10798
140
1363
75697
3327282
15582
447603
1919728
48793
183832
119777
Lee
78692
13139
9781
5143
27857
105306
Lucas.
108952
15872
59757
133580
10851
72624
15400
200407
59863
2190306
11817
279069
1631518
Lyon.
318841
88857
13954
153587
31
929
47022
1902530
842164
1080554
Linn
281118
62649
12766
175655
8132
76742
656597
54
2645
10396
12665
13789
32651
12
91773
22670
585648
2590052
Louisa.
52178
160
3439923
3477
Mitchell.
151007
52922
126384
70176
100066
94133
19764
65534
189939
1388
16267
49642
2184658
6792
175755
1665739
Mahaska
232398
Marion.
199669
122490
82779
150368
153214
34362
1093811
395532
205
11274
83775
41 ._ 61
14078
542662
1591878
2195785
Mills
141512
53604
45136
99837
24385
5.29663
2697
376809
2212
84630
8835673
.6646
496248
189
10937
335746
2181846
Madison
161998
188709
137979
342961
62
543
102215
78206
37553
15339.6
Monroe
91730
11638
628314
25
494
59543
232639
69494
2953630
6528
1003509
9743
285103
1709030
Marshall
223735
Monona.
52242
47552
56278
117303
938362
69895
101413
1125382
263
5584
45575
241081
21
67699
2808256
1.12
200
1738916
*3611
465245
2368278
Muscatine.
Montgomery
178945
104633
48832
39844
129699
15331
183811
21577
818388
2304
66475
44766
O'Brien
50607
86026
32375
1381
416471
63
551539
629
54760
1715973
8
166
1441467
13287
405562
174790€
39251
5322
201635
107212"
Osceola.
33626
18490
32070
26434
Polk
207689
31406
14904
14651
8769
157526
56841
74757
6379
106052
3107
53931
19154:
2510
17279
1390
26829
6958:
Pochahontas ..
21928
124630
35572
140450
19219
37686
7434
563389
21
30774
394
77497
3272040
12188
431841
2140021
Pottawattomie
208989
48697
90679
33369
2541
40494
112661
588971
8981
229263
Powesheik.
419489
171589
63
475
47258
1750038
5278
125262:
Page ..
156782
175471
115484
57312
22689
762826
355792
85748
3571105
2239043
11416
168081
833565
239902
Plymouth.
58233
51912
129846:
Palo Alto.
18517
32225
44379
33628
1220
16679
8606
442736
71386
346507
10
20235
9758
23208
325
160
10097
175778
4161
18400
58829
2979
120437
43412
Ringgold.
6641
142957
46859
9661
Scott
235515
19123
50873
10926
78851
125
1762
35613
1145937
9118
255007
111578
Story
Shelby
148649
53180
43874
185742
99387
47698
762315
618
59071
304187
39326
26658
40
2226346
15915
528868
47230
330897
22029
8
317944
20
51273
17674
1783477
11273
343265
103374
Sioux.
39824
367394
57302
Sac ...
31336
47201
33515
24179
22996
251286
2254
6780
689556
71676
11056
32038
4591
45096
16698
Taylor
110094
10
8662
279716
8035
6599
23888
Tama
102861
255182
235515
90222
79442
214941
15446
206813
244
3068
48260
1419680
8718
269657
90847
Union
57005
33216
45826
97013
1437807
73251
2842859
13574
384469
231640
Van Buren
153674
99528
113263
10586
7455
141188
53
10928
960
121854
24063
50211
1130930
6127
187748
62426
Wayne ..
Warren.
147766
353698
143958
117689
58808
194265
66795
158737
10375
76346
12596
167178
143
1236
65625
1823622
2405187
13242
367396
136137
Winnesheik
246140
131670
42175
654679
61
910
80280
3561365
8391
281510
220839
Woodbury
44179
57097
259469
33097
112175
1813465
27185
977316
24307
8216508
226525
Worth.
48927
45957
32157
15243
23092
218875
3072
91647
Washington
225176
55652
410487
14647
3530
490371
29820
122291
4445
161557
3965C
Webster.
203526
Winnebago ..
97238
17589
61744
157884
41646
469879
30625
70910
12421
30554
391051
1439
14193
73265
2832241
15701
453320
207493
73334
Wright
35516
32387
28957
8939
5
162281
1374
917911
11
196166
270
28713
52425
7491
45109
14021
Wapello
150209
63491
135173
13629
1327
135176
28868
17368
157535
4134
1617
16159
10089
57035
291821
2143791
11570
293590
145531
Totals.
12627850 8410435 9354905 3690711 42669731
69188
759277
4700176 136284542
982994
29144352 $13153674
Chan, 8 Hanley
History of Fremont County.
INTRODUCTION.
History, as such, cannot reproduce the life of a people in the infinite variety of its details; it must be content with exhibiting the development of that life as a whole. The doings and dealings, the thoughts and imag- inings of the individual, however strongly they may reflect the character- istics of the national mind, form no part of history. While it may be argued, and correctly, that the life of the individual is intimately bound up in that of the state or nation, and that the former must frequently be noticed in describing the latter, it is counter-argued that the nation exists only through the unity of its individual members, and that it is not the exact counterpart of individual views, but the result of a harmonious and intelligent combination of opinions-often originally directly at variance with each other. No department of human action or thought could long remain unaffected when opposing interests clash. Change-certain, far- reaching, radical-is written plainly on the face of opposition-a change that affects not the individual, or a class of individuals, but the united whole. It is this very feature that renders history at all possible-that places it far beyond the scope of mere biography, that admits of those broad, deep generalizations which men call laws, and which are the very foundation stones of the philosophy of history.
What is true of the state, is equally true of its separate parts. While, it is true, the history of a single county-embracing, as it does, but a limited territory and a meager population-may present none of those grander laws in obedience to which nations exist and by which their power is felt, nevertheless those principles which make history possible, are found in every community, and find a harbor in every heart. Then, there is the added fact, that the history of the county comes nearer to the individual life and character of its citizens than does that of the state, or of the nation of which the state forms a part. The events that are thus recorded are
1
322
HISTORY OF FREMONT COUNTY.
such as occurred at our very doors, were compassed by men whom we know, and affected our interests for woe or for weal. Such a history ex- hibits a much more limited series of facts in their proper connection, of which, indeed. each individual one is interesting in its proper place, and doubly interesting because it marks the progress of thinking, toiling men, in our very presence; men who have lived in the same moral and social atmosphere, struggled for the same ends for which we have struggled, acquired their reputation in the same sphere, and exhibited the same loves and hates, the same proclivities and sympathies. Thus may local history, so far as its biographical element goes, help us in our selection of types of character, of thought and of conduct. The remark of Plutarch may help us in our realization of individual ideas. Says he : "Whenever we begin an enterprise, or take possession of a charge, or experience a calami- ty, we place before our eyes the example of the greatest men of our own or of by-gone ages, and we ask ourselves how Plato or Epaminondas, Lycurgus or Agesilaus, would have acted. Looking into these personages as into a, faithful mirror, we can remedy our defects in word or deed. Whenever any perplexity arrives, or any passion disturbs the mind, the student of philosophy pictures to himself some of those who have been celebrated for their virtue, and the recollection sustains his tottering steps and prevents his fall." And thus may even the facts of local history be made the prom- ise and potency of self-preservation.
POSITION.
Fremont county is the most southwesterly one in the great state of which it forms a part. It is in the southern tier, and the first county east of the Missouri river. The name was given in honor of the gallant Captain John C. Fremont, distinguished not only in military but in geo- graphical science as well. In 1843 he began that series of brilliant explo- rations among the Rocky Mountains, planting the flag of his country on one of the highest peaks in the great range, and then sweeping on to California, striking a telling blow for freedom, and with a handful of res- olute men conquering a country large enough for an empire. It was while his star was in the ascendant that this county was organized, and its. people named it in his honor. The county is bounded on the north by Mills county; east, by Page county; south, by the state of Missouri, and west by the Missouri river. The county comprises upwards of 335,360 acres; an estimation which contains about 524 square miles. Its southern boundary is nearly in the latitude of 40 degrees and 31 minutes north.
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