USA > Iowa > Hamilton County > History of Hamilton County, Iowa, Volume I > Part 31
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The extent of the grant having thus been judicially determined, the disputed lands north of Raccoon Forks were in November 1860 thrown open to settlement under the preemption laws.
In the meantime, the state and the River land company had been having trouble over the River improvement contract. In view of the unsettled state of the River land grant and the existing probability of their receiving only the lands adjoining the river within the state of Iowa, the navigation company was not using any undue exertion to complete its contract. Expenses and salaries were piling up and being presented and yet comparatively, very little in the way of river improvement was being done. Complaints were made which moved Gov- ernor Grimes to suggest the necessity of an investigation in his message to the general assembly in 1856.
A joint committee from the house and senate was appointed and the follow- ing are extracts from its report.
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"Your committee are of the opinion that no legal contract was every entered into by the state of Iowa with the Des Moines Navigation & Railroad company.
"By the ternis of what is claimed to be the original contract, the whole im- provement was to be completed by the first of July, 1858, and one-quarter of the work done annually. Now, according to the evidence before the committee, it appears that there were extended by the company up to the first of December, 1856, a period of nearly two and a half years in actual construction, $185,957.44, and in engineering and incidental expenses, $104,180.74. Your com- mittee can find 110 reasonable excuse for the extraordinary sluggishness with which the work has been prosecuted, compatible with an honest purpose of pros- ecuting the work to completion for the sole consideration of receiving in pay- ment therefor the lands granted by congress, and the use and rents of the improve- ment and water. Now, if the D. M. N. & R. R. Co. had a 'bona fide' capital actually on hand of nearly $1,000,000, paid in for the prosecution of the work, as they ought to have according to the amount of stock issued, and had hitherto prosecuted the work with that vigor and energy which its importance demands. and which the people of the state had a right to expect, the condition of things would be very different ; but as the work has been done, in the opinion of your committee, under contract without any validity in law, and if said contract had been valid, in no matter according to the spirit and meaning thereof, your com- mittee are of the opinion that said company are justly and equitably entitled unless the state so elect, to payment in lands at $1.25 per acre, which are worth six or seven dollars per acre."
The report of the joint committee called from Governor Grimes the follow- ing expression in his message to the general assembly in January, 1858:
"From the report of the joint committee of the two houses of the last session of the general assembly, it would seem that the terms of this contract had never been complied with by the company, but that it has been disregarded in its most essential particulars, whereby the purposes for which it was entered into have not been and will not be attained. If this be true, you may feel it to be your duty to rescind that contract, for the reasons stated in the report and make other arrangements in relation to that munificent grant, now in danger of being frit- tered away without any useful result. The report above referred to also indicated that the Des Moines Navigation & Railroad company have not only forfeited their charter by a failure to comply with the requirements of the statute, but they have engaged in practices calculated to deceive and defraud, upon a large scale, innocent and unsuspecting persons, both at home and abroad. If this be true, it may be thought a matter of sufficient public importance to justify you in directing the attorney general to institute proceedings to vacate the charter of the company, and thus prevent it from perpetrating any further wrongs under the authority of the laws of this state."
In March, 1858, the general assembly passed a joint resolution containing a proposition of settlement with the navigation companies which looked to the cancelation of the River improvement contract, and in April the proposition was accepted by the navigation company.
This had all happened before the decision in the Litchfield case by which the limits of the Des Moines river grant were defined by the United States supreme court. With the announcement of that decision. it appeared the navigation com-
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pany stood in a fair way to lose much of the land just conveyed to it by the state by way of settlement.
It was quite generally believed that the river land difficulties were now fully settled and settlers began to enter the lands that had formerly been the subject of dispute.
THE RESOLUTION OF 1861
But the navigation did not propose to surrender so easily. In March, 1861, a very innocently appearing joint resolution was passed by congress. It read as follows:
"Resolved, That all the title which the United States still retains in the tracts of land along the Des Moines river, above the mouth of the Raccoon Forks thereof, which have been certified to said state improperly by the department of the interior as a part of the grant by act of congress approved August 8, 1846, and which are now held by 'bona fide' purchasers under the state of Iowa, be, and the same is hereby relinquished to the state of Iowa."
The navigation company now renewed its claim to all the lands conveyed to it by the state, claiming to be "bona fide" purchasers from the state.
On the other hand, it was claimed that the resolution did not contemplate reinstating the navigation company, but was intended simply to furnish relief in cases where actual settlers had purchased of the state. The land department of the government did not recognize the claim of the navigation company and where proof of entry or pre-emption was properly made, patents were issued to actual settlers. And thus began a legal battle which raged in the courts of Iowa for thirty years.
In many cases the navigation company commenced suit to eject settlers who were attempting to occupy lands claimed hy it and when decrees were rendered authorizing eviction, attempts were made by the officers, to carry out the orders of the court. The settlers, to protect themselves from what they had come to believe, was an unjust attempt to rob them of their homes, organized themselves into a society known as the Settlers' union and many different methods were attempted to prevent the officers from carrying out their orders.
Isaiah Doane, in writing of River land troubles, gives the following incident which illustrates the methods resorted to:
AN INDIGNATION MEETING
In the spring of 1858 it became noised about that two or three "river land agents" were domiciled at the hotel kept by Jacob S. Smith in Homer-that being their reputed headquarters. This was the signal for a show of resistance. Accord- ingly an "indignation meeting" was called and notice given to grape vine tele- graph all interested. About 10 o'clock on a bright spring morning a cavalcade was seen coming down the road to the northwest, and moving rapidly upon the vil- lage, clad in all kinds of grotesque costumes, mounted on horses and yelling voci- ferously. The gorgeously bedecked leader, Silas G. Goss, especially, bearing a very striking resemblance to the ideal "Lo," a "poor Indian," who won an unen- viable reputation by frequent predatory incursions into frontier settlements dur- ing the carlier periods of our history. Indeed so striking was the resemblance
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that many women and children were badly frightened, until assured by those who were "onto" the meeting that no harm should come to "noncombatants." The leader aforesaid was armed with something which looked to be an ordinary tin pie pan, made fast to a stick about four feet long, and as the procession marched and counter-marched in front of the Smith hotel, he kept clamoring for contri- butions to aid them to buy their "river lands," meantime extending his pan as a contribution basket. After these menacing maneuvers were kept up in front of the hotel until it was supposed they had produced the desired "moral influence" the crowd repaired to the schoolhouse where the meeting was held. As the writer hereof was teacher and custodian of the key, a runner soon waited upon him with the announcement that he had been sent to him by the directors for the key. After going over and opening the house he went in as a spectator of the strange proceeding. A motion was made and carried uproariously, that Mr. Goss be made chairman of the meeting. And after he had stated the object of the meeting, an- other motion was made and carried without opportunity for debate, that the teacher who had shown his courtesy and good will by opening the house for them be requested to act as secretary. As he had sometimes expressed sympathy with the settlers, and here was an opportunity to show "his faith by his works." and as whatever was done must be done quickly, he meekly acquiesced in the compli- mentary action of the meeting. A number of speeches were made, all more or less inflammatory and denunciatory of the "river company." The writer distinctly remembers, after a lapse of thirty-five years, that one of the raciest incidents of the meeting was a speech by one Columbus Pemberton, eldest son of Harvey G. Pemberton, heretofore spoken of. Columbus, who was a bright and talented young man, possessed a quick wit and a keen sense of the ludicrous, was par- ticularly severe in his arraignment of the company for their unreasonableness and ingratitude to the settlers, who, as he claimed, had with almost unprecedented generosity cleared off whole quarter sections of heavily timbered lands claimed by them, and made the clearings nearly ready for the plow, and had never even so much as hinted at a claim for remuneration for their valuable services.
After passing a long string of resolutions expressive of their sense of grievance, and their want of esteem for the paid emissaries of the company, and ominously hinting at the thorny road which some of them might be called upon to travel, the meeting adjourned sine die. It was claimed that while the meeting was in progress at the schoolhouse, Smith and his guests were armed and barricaded in the cellar of the hotel. Of the correctness of this report the narrator is not advised. Thus ended one of the earlier of a long series of meetings of a similar nature that have been held more or less frequently for the last thirty-five years, and still the mat- ter is dawdling along in congress, where the original iniquity was conceived in 1846 and brought forth in 1862. I. D.
P. S. The report of the aforesaid meeting is made from memory and not from the official minutes.
This demonstration was really mild compared with some of a more savage nature that occurred later. On several occasions, officers were fired at from am- bush, when they refused to be frightened away, though no one was killed.
In June, 1879, the following notice appeared in the Advertiser in Webster City :
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Hook's Point, May 13, 1879.
Messrs, Welles, Garmoe, Hawley, Lammey, Grayson and Chase & Covil.
GENTLEMEN :- You are hereby notified that you shall not harass or distress any river land settlers, in any way whatever, from and after this notice to you, either in the courts or otherwise, until our cause has been decided by congress and the courts. If you don't stop it may not be as well for you in the end. This thing has become an aggravation and we as settlers are determined not to be humbugged any longer by a band of river land thieves.
Now we ask you hereby to take "fool's advice," as you perhaps would call us, and you will have no further trouble.
BY ORDER SETTLERS' UNION.
At one time, a man named Thomas Paxton, from Boone, agent for the Ten Eyke lands near Stratford, was captured by a mob and taken to Hook's Point. Here he was ordered to sign a contract not to cut any more timber from section one, or "take the consequences." While the "consequences" were not specified, they were broadly hinted at by remarks referring to a certain "burying ground" a short distance away. However, Paxton stood his ground and finally succeeded in escaping without either signing the contract or "taking the consequences."
While attempts to frighten the officers were sometimes successful, for a while, relief of this kind was only temporary, and the law finally took its course.
UNITED STATES VS. THE NAVIGATION COMPANY
A number of law suits between the Navigation company and the settlers were appealed to the supreme court of the United States and in these appeals the navigation company was, on account of the peculiar circumstances of each case, successful. Attempts were made to get congress to authorize a suit in behalf of the government, against the River Land company and to promote this enter- prise, B. E. Boynton was sent to Washington by the Settlers' union. At one time an act authorizing a suit was passed but President Cleveland vetoed it. In 1891, authority for a government suit was finally granted, and D. C. Chase of Webster City was appointed special assistant to the district attorney, for the prosecution of the case. The case contemplated a contest of the rights of Des Moines Navigation & Railroad company to the lands claimed by the settlers. It was first tried in the United States circuit court and the Navigation company being successful, it was appealed to the supreme court of the United States. A brief filed by Mr. Chase in the circuit court, attracted the attention of the attorney general and he wrote to Mr. Chase asking for copies of the brief and stating that he desired to make the brief a part of his argument. In the supreme court, the Navigation company was again successful in maintaining its right to the lands in controversy and nothing was now left for the settlers to do but to buy of the River Land company or move off. Many settled with the River Land company but some gave up in despair.
As soon as it had been settled beyond question that the Navigation company had title to the "river lands," a movement in favor of government indemnity for the settlers was started and in 1894 an indemnity bill was passed by congress.
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The Freeman of January 23, 1895. gives the following description of the bill and of the steps taken by the interior department to distribute the indemnity :
THE INDEMNITY BILL
Briefly. the bill appropriates $404.228.00 to be used by the secretary of the interior to secure the relinquishment of titles to the lands in question, which may be held by the Des Moines Navigation and Railroad company or persons claim- ing title under it adversely to persons holding said lands under either preemption or homestead entries.
That the secretary shall require the persons whose names are embraced in the report of the commissioners, heretofore appointed to ascertain the value of said lands or the persons found by examination to be entitled to the benefits of this act to furnish proof of the character of the claim to each of said parcels of land, and when such proof shows to the satisfaction of the secretary that the party making the claim has complied so far as possible, with the laws and regulations for the acquisition of public lands under which parties would, in the absence of any conflicting claim, be entitled to receive absolute title thereto, he shall cause to be paid a sum not to exceed in amount the appraised value of such land, to the owners, in cases where a relinquishment to the United States of their titles can be procured for that amount ; but otherwise the same amount shall be paid to the persons entitling themselves to the same by making the proofs as aforesaid, tak- ing the receipts of said parties for the same. The bill provides that a patent duly issued shall be conclusive evidence of a compliance with the provisions of this section relating to proof, and that in making payments of indemnity under this act, in all cases where the government price has not been paid by the purchasers at the time of, or under this act, in all cases where the government price has not been paid by the purchasers at the time of, or subsequent to the entry of the lands, that amount shall be deducted from the amount at which such land is appraised and payment in such cases shall be only of the amount of such difference.
Mr. Robert L. Berner was appointed a special agent of the interior department by Secretary Smith. He made an exhaustive and thorough examination of the records touching these contested claims in person, took evidences of interested and disinterested parties for the purpose of ascertaining who were entitled to relief under the provisions of this act and submits his findings to the secretary in a voluminous report.
THOSE WHO CLAIM INDEMNITY
We do not understand, from the data at hand, whether or not those who failed to make application for indemnity last summer are barred from applying now, but D. C. Chase, who furnishes us a list of those residents of Hamilton county who have claimed indemnity, as shown by Mr. Berner's report, is of tlie opinion that claims can be filed at any time. A commissioner will be in this city soon to take evidence upon which payments will be made. The following is a list of those in Hamilton county who claim indemnity, together with the remarks by the special agent :
B. E. Boynton, claimant, land appraised at $1,600; claimant knew of the com- pany's title ; warrant on file; deed from grantee of Page to Boynton, December Vol. 1-17
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26, 1893, to southwest quarter, southeast quarter and southeast quarter south- west quarter. No evidence but affidavit and deed.
Same description. James Shelton, claimant. Appraised value $1,600. . Ad- mits bought with notice of company's title (northwest southeast quarter and northeast southwest quarter ).
J. H. Johnson or C. A. Near, claimants, appraised value $2,800. Timothy Hagen bought from company, but it does not appear that he ever bought from entryman.
This amount goes either to J. H. Johnson or C. A. Near. if indemnity is awarded.
Thomas E. Ross, claimant, appraised value $3.000. Entryman in possession about eight months. Receivers receipt shows land "being unoffered." Entryman in possession about one year. No record of title in entryman.
Hewitt Ross, claimant. Appraised value $8.000. Town of Stratford located on this section. Entryman in possession about two years. Lived on it a short time. Built shanty to fulfill preemption laws. Company paid him for his crops both years. No record of title in entryman.
J. S. Evans, claimant. Appraised value $3,200. Entryman never settled on land. No record of title in him or any one under him.
D. B. Hakes, claimant, appraised value $3,200. Entryman never settled on land. No evidence of title in entryman.
Mrs. Mary Boyington, claimant, appraised value $1,500. Warrant cancelled April 17, 1868. Relocated July 6. 1868.
Mrs. Margaret Bryan, claimant, appraised value $800. Deed from Walcott. October 10, 1893. Deed from entryman September 7. 1893.
Mrs. Emily Prestage, claimant, appraised value $10.000. No remarks.
Ileirs of William Royster and Asbury Johnson, claimants, appraised value. $1,600.
Hezekiah Fisher and heirs of Charles Fisher and Robert Watson, claimants. Appraised valne $3.000. No remarks.
Annabell J. Boyd, Milton Fisher, A. G. Snyder. John C. Russell, claimants. Appraised valne $3.100.
L. A. Royster and H. E. Dally, claimants. Appraised value, $1.210.
William Bilyard, claimant. Appraised value, $490.
James E. Blake, claimant. Appraised value, $2,400.
Peter Blake, claimant. Appraised value, $1.750. No evidence of title in entry- man. Blake bought from third party with notice of litigation on title.
Estate of George Neese, claimant. Appraised value. $2,000. The contested portion of this land bought by widow of George Neese, and her title is good against the company. Bought at tax sale.
M. V. Neese and Leach Neese, and estate of Washington Neese, claimants. Appraised value, $2,000.
Estate of W. W. Mckinney, claimant. Appraised value. $3,600.
John D. Ballard, claimant. Appraised value. $1,819; warrant returned July o. 1881, and relocated October 25th, 1881.
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William 31. Hook, claimant. Appraised value, $1,516.
Settlers who were able to prove a good faith title from the United States or state of Iowa to any of the lands in controversy were finally paid such sum as the commission deemed just, and at last the old river land troubles are nearly for- gotten.
CHAPTER XV
A CHAPTER OF TRAGEDY
SUICIDES AND ACCIDENTAL DEATHS-THE MURDER OF JAMES RICHARDSON-THE BASKET TRIAL-THIE SUSPECTED MURDER OF MRS. DULIN-ATTEMPTED BANK ROBBERY.
.A chapter of tragedies is not pleasant reading, but it is a part of the history of the county. The tragedies of twenty years, between 1880 and 1900, have been here collected. They consist of thirteen suicides, twenty-one accidental deaths, two murders, one suspected murder, though a trial resulted in acquittal. and one attempted bank robbery.
The suicides were mostly caused by either domestic or financial troubles. while the cause of the two murders can be traced almost directly to the use of intoxicating liquors.
Of the accidental deaths, four were caused by live stock, five by railway trains ; the other cases are nearly all assigned to different causes.
SUICIDES AND ACCIDENTAL DEATHIS
On January 27, 1880, S. M. MeVicker, a prominent citizen and farmer living on the Hawley town plat, about a mile and a half east of Blairsburg, went into his cattle yard and was attacked by a bull and so badly gored and bruised that he died January 30th.
About February 10, 1880, a young man named Johnson was chopping wood in the timber near Hook's Point, and about two miles from his home. A limb of a tree fell upon him, striking him upon the head, and cracking his skull from the back of his head near the ear, clear over the top of his head and down to his eye. As badly hurt as he was, he managed to walk home, but died the next day from his injury.
In July, 1880. John Eller, a farmer residing south of Williams, was riding a horse and carrying a gun. A small thunder shower overtook him and he was struck by lightning. The lightning struck the gun and was communicated by it to Mr. Eller's person. It tore off his clothes, melted a silver watch in his pocket. also melted the metal tacks in his shoes and a door key in his pocket. It marked him in stripes down the body and killed the horse he rode. The horse fell upon his leg and in this condition he was found some time afterwards. He was insensible and supposed to be dead, but he revived and though it was thought that he was so badly injured that he could not survive, he recovered and was still living in 1892.
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In August of that year, George Collins, residing about four miles north of Webster City, went into an old well to clean it out and was stricken with what is commonly known as poison damps. He called for help and his father went down to help him and succeeded in getting him part way up when he found him- self being so overcome with the damps that he could not bring him further and was obliged to let him fall back and only succeeded in getting out again him- self with great difficulty. Other help was called at once, but George was dead when taken out.
Luther Sherman, aged seventy-three, committed suicide at Webster City. February 17. 1883. Ile was living with a son. He had had much domestic trouble which was assigned as the cause of his being mentally unbalanced. He went to the barn as was his custom and was found later hanging from a rope attached to the rafters.
On May 7. 1883, occurred the tragic death of Isaac 11. Brown, of Williams. who committed suicide by shooting himself with a double barreled shotgun. Financial troubles led to the rash act. Brown had been speculating on the board of trade and to cover losses had used money that came into his hands as post- master and school treasurer. Fear of discovery and disgrace drove him to desperation and unbalanced his mind. He was a very highly respected man in the community where he lived, and had the unbounded confidence of everyone. lle no doubt fully intended to replace all the money appropriated, but continued losses made discovery only a question of a short time and he had not the courage to face disgrace.
Van E. Perry, the little four-year-old son of L. G. Perry, was drowned at Bell's mill on the 4th of June, 1883. It is supposed that the little fellow tried to cross one of the timbers thrown across the head of the mill race, and fell in. When discovered, the little body had been drawn under the water wheel and was badly mutilated.
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