USA > Iowa > Harrison County > History of Harrison County, Iowa : its people, industries and institutions, with biographical sketches of representative citizens and genealogical records of many of the old families > Part 9
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
It may be added that before the supervisors attempted to order the final vote on whether a new court house should be erected or not, they took the precaution of sending out privately, to each free-holder within the county, a postal card asking two questions: "Do you want us to repair the old court house at a cost of fourteen thousand dollars or do you favor building a new court house?" The postal-card vote was very satisfactory and the election was ordered. Hence we have the court house of today.
THE COUNTY JAIL.
Prior to the removal of the county seat to Logan. Harrison county never had a respectable or safe place in which to keep its prisoners. The year after the first court house was finished at Logan, or in the year 1877, the present two-story brick jail structure was constructed on the lots immed- iately south of the court house public square. It is a substantial building. The second story was designed for the use of the jailer or sheriff's family. On the ground floor are cells for the law-breakers of the county. There is sufficient room for the keeping of ten prisoners at one time-more than has ever been needed. In round figures this jail cost Harrison county taxpayers seven thousand dollars. It is superior to more than half the jails within the state of Iowa today.
10.4
HARRISON COUNTY, IOWA.
In igor the jail was remodeled, after first having been condemned by the grand jury, with 1. D. Hull as foreman. An addition was erected, which now makes it an acceptable, safe and sanitary place to confine prisoners.
CARE OF THE COUNTY'S UNFORTUNATE POOR.
The care which any county takes of its unfortunate poor is a good index as to the character of her citizens. lowa has set the Union an example in this regard. In fact, lowa ranks well up in the matter of her public institu- tions of all kinds. We have the best regulated prisons, alms houses, deaf and dumb and blind institutions, as well as the best hospitals for the insane and feeble-minded. that can be found in the world. "The poor ve always have with you." This is as true today as it was when the Master spoke the words nearly twenty centuries ago.
Early in the history of Harrison county, these matters were carefully looked into by the board of stysvisors at their August session in 1861. It may be said that with the flight of years, there have been mistakes, from a business standpoint, concerning the care of the pauper element within the bounds of this county, yet on the whole this county will perhaps average with any county in the state. It was at the board session in 1861. that the south- west quarter of section 7, township 79. range 44. and the northeast quarter of the southwest quarter of lot No. 1 in section 15, township 80. range 45. which was county "swamp land." was utilized for poor farm purposes. These lands, however, were not sold until January 1, 1868, when the board of super- visors, through their committee. Robert McGavren, James L. Roberts and Barzillia Price, selected a poor farm from the following tract of land: The southwest quarter of section 22. township 81, range 41. in Harrison township. This land was looked upon then, as well as in later years, as one of choicest in all this county. It was purchased of Hammer & Ferbs for the sum of three thousand six hundred dollars or twenty-two dollars and fifty cents per acre. This was used for poor farm purposes until 1870, when the super- visors changed in for one nearer the center of the county, but not nearly so valuable a tract of land. The land taken in exchange for the first named, is situated in Boyer township, in sections 28 and 33 of township 80, range 42. It is now crowed by the Northwestern and Illinois Central railroad lines, down the Buyer Valley, mid-way between Woodbine and Logan. On this farm there had been expended up to 1891 about four thousand seven hundred dollars, making a total cost of about ten thousand dollars. The farm was usually leased to the overseer of the poor, who paid a stipulated sum and he
.
105
HARRISON COUNTY, IOWA.
charged the county a certain amount per week for maintaining the county's poor. Among the overseers or superintendents of the farm should not be forgotten the faithful services of "Brig" Young and wife, and Henry Wacker and wife. This farm never proved a successful investment for the county, so in 1900. it was sold for seven thousand dollars.
Since then the county has hired A. J. Shinn to keep the paupers of the county on his farm, north of Woodbine, paying by the week for their board. All in all, this method is probably as cheap as to maintain a county farm, for the present, at least.
SWAMP LANDS.
Congress approved an act September 28. 1850, which gave to Iowa the rightful possession of her "swamp land." the same having been set apart by the general government to the various states in the union, as marshy or over- flowed lands. These lands were to be apportioned by counties and sold as the judgment of the county officials might dictate. The prime object in view by congress was to construct "levees and drains to reclaim the same." and the balance, if any remained, of the moneys received for such lands was to be expended on roads and bridges over such lands, the final remainder to go into the general county fund. Thus it will be seen that at a very early date congress had an eye on what in these latter days of "progressive" politics is termed "conservation."
George W. White, the county's agent, reported after his survey of these lands in Harrison county, on July 5. 1854. to the land office at Washington, D. C. that there was in Harrison county, Iowa, lands of this character amounting to one hundred twenty thousand, six hundred and thirty-five acres. Such lands were.then patented by Iowa to the county, October 17. 1859. as will be observed by reference to pages one to eleven of "Book 2" of county records. This land was supposed to be sold to actual settlers at one dollar and twenty-five cents per acre which would have given Harrison county the large sum of one hundred fifty thousand, seven hundred and ninety-four dol- lars. It should be here added that some of the lands proved to be among the most valuable in Harrison county. But while Congress acted wisely and well, and designed that each county should be a sharer in these lands, through mismanagement, these lands that came easy also went easy, and the treasury of this county was not largely benefited by the same. It may be said. how- ever, that twenty-two thousand dollars worth of these lands went toward a patriotic, laudable cause, that of inducing volunteers to enter the ranks of the union army during that never-to-be-forgotten Civil War. Each man
106
HARRISON COUNTY, IOWA.
who took advantage of this rule was entitled to eighty acres of such lands. But the remaining one hundred thirty-eight thousand dollars cannot now be accounted for, and the treasurer has no funds from the sale of that land. The same is true in half of the counties in lowa, so it will be seen that the days of "grafting" commenced away back a half century ago. It is true that many thousand dollars were spent for drains and roads and a few bridges in Harrison county, but used in such a shiftless, unbusinesslike man- ner, that no trace of such improvements is to be discovered at this day. From 1855 to 1857 these lands could be pre-empted, and many of the best farmers in the county a third of a century ago, took advantage of these cheap lands, which laid the foundation for their future wealth as land-owners of the county. Probably not fifty per cent of the swamp lands of this county, ever did the tax-payers of the county any considerable good, as they "were fooled away" in one way or another, so that the Congressional Act of 1850 was of but little account, save that it helped to encourage men to volunteer in time of the war, thus filling this county's quota, when the country needed men in the far-away fields of the Southland, as well as on the western borders, fighting Indians. Some of the counties in Jowa were wise enough to erect courthouses from the proceeds of the sales of their swamp lands, and thus were greatly benefited, but as a rule this was impossible in counties where a county seat contest was ever and anon bobbing up, as one faction would object to any move toward building a court house from these lands, unless such building should be located where they wanted it. All these things in the government of a county have long since passed, and from now on it re- mains for the people to pay for the improvements needed by the county at large, and tax themselves for the same, for government lands will never be bestowed on states and counties again. Having once been squandered, such lands cannot be recovered.
ABSTRACT OF ASSESSMENT.
The valuation of real estate in Harrison county, by townships, including towns and villages, in the years 1891 and 1914 was as follows :
1891. $210,000
1914.
Harrison township
$535.442
Dunlap
199,258
Lincoln township
155,453
329,105
Allen township
1
1
146,397
320,21 I
107
HARRISON COUNTY, IOWA.
ISO1.
1914.
Jackson township
124,618
342.461
Pisgah
74.165
Little Sioux township
139.707
410.473
Little Sioux
18.625
Douglas township
183,884 373.178
Boyer township
213.553
519.839
Woodbine
223.675
Magnolia township I
252,362
529.31I
Magnolia
40,548
Raglan township
125,126
228,958
Morgan township
92.625
285.325
Cass township
187,683
405,056
Jefferson township
295.578
599.560
Logan
250,022
Calhoun township
108.895
235,936
Taylor township
123.528
400,083
Nodale
1 1 1 1
71.738
Clay township
78.100
228,696
Persia
492,302
Washington township
221,856
92,603
Union township
221,512
421.256
La Grange township
164.536
365.714
St. Johns township
264.032
625.524
Cincinnati township
323.922
494.356
Missouri Valley
474.342
Total
$3,433.141
$9.682,955
Auditor J. M. Albertson reported the following condition in Harrison county in June, 1914:
Total property assessed valuation, $1, 120,872. There were also 11,201 head of milch cows : 65,026 head of feeding cattle ; about 60,000 head of hogs ; 82,026 head of sheep: 11,288 head of horses; all of the foregoing, with other property not named, makes a total of $4,483.488, added to the real estate value of $30,562.236, totals $35,045.724. Over thirty-five million dollars' worth of property in Harrison county in 1914.
Total valuation lands and lots, $7.854.309.
Total valuation moneys and credits, $1,663.462.
1
1
1
I
1
1
I I
1
1
1
1
1
1
1
1
1
1 1
1
1
1
E
I
1 1
1
1
1 1
1
1
1
1
1 1
1
1
1
1
1
1
1
1
1 1
1 1
1
1
1
1
1
I
1
1
I
1
1 I
1
1
1 1
1
I
1
1
1 1
1 1
1
1
1
1
IOS
HARRISON COUNTY, IOWA.
Total consolidated tax. $416,430.50. Total tax in county, $518.630.60. Total tax for dragging, $8.265.14. Total ditch tax. $40,653.41.
Of the above taxes for the year named there was expended for state revenues. $28,517: for county bonds, $19.667; for bridges, $49,168; for school teachers, $113.473: for road building. $15.565: for dragging roads, $8,265: for ditch tax, $30,000; for county general fund. $39.337.
TAX-LIST OF 1890.
By townships and towns the subjoined shows the tax-list of Harrison county in 1890: Harrison township, $300,000: Dunlap (town), $187,048; Lincoln township. S182.800; Allen, $179.612: Jackson, $163,000; Little Sioux, $238,590: Little Sioux, town of. $51.514: Douglas, $236.529 : Boyer. $326,140: Woodbine, town of. $128.486; Magnolia township. $372.340: Raglan township. $151,540: Morgan, $149,088; Mondamin (town), $65.620; Cass, $220,156; Jefferson. $414,008: Logan (town), $182.282: Calhoun, $153,613: Taylor, $192.119: Modale (town), $39.366: Clay. $90,428; Washington, $385.487: Union, $264.900: La Grange, $195.029: Missouri Valley, $307,848; St. John, $391.754: Cincinnati, $326.540. Grand total, $5.907.731.
CHAPTER VII.
THE BENCH AND BAR OF THE COUNTY.
Wherever civilized man resides, and wherever commerce and trade are carried forward, there must of necessity be found the practicing attorney, whose business and profession is to guide aright the transactions of men, and aid in the interpretation of the law. Men do not all see the law alike, and hence they will not agree to one another's terms of settlement, so the lawyer must come in and make such difficulties clear. Again, the laws of the land are usually framed, and constitutions of states are formed by the hand of an attorney, otherwise our government would not stand long. The press, the pulpit and the physician each have their allotted sphere in the community, but no one profession is fraught with more importance to the rights and privileges of men than that of an attorney-at-law. They have been trained, or should have been, to teach and lead men in the legal steps they must take in the great contests and transactions in life.
The object of this chapter is to give the reader an account of as many lawyers who have, at one time or another, practiced in the Harrison county courts, as resident lawyers or judges. Some may possibly have been omitted, not intentionally, but for lack of sufficient data.
The first lawyer who settled in Harrison county was Richard Hum- phrey, who came to Magnolia just after the county seat was established at that point by the locating commissioners in 1853. and remained until 1855. when he went to Missouri. He was not of that high order of professional men, for it is known that in Missouri he engaged in "tight rope walking" and in that lost his life --- that is, he was at one end of a rope and men of the county where he was stopping were at the other end, and this was an order of "Judge Lynch."
The next attorney to locate in Harrison county was N. G. Wyatt, who arrived in 1856 at Magnolia and remained until February, 1859, when he, accompanied by others from Harrison county, went to Pike's Peak during the gold excitement days. He never returned to Jowa soil, but wisely mar -. ried and located in California and became successful in business and was still living in the late eighties. Ile was a representative from Harrison
110
HARRISON COUNTY, IOWA.
county in the sixth General Assembly, and was a man possessed of more than ordinary ability. It is learned from the late Joe H. Smith's history that the error of his career here came about after this fashion: He attended a Methodist meeting at Magnolia in a log house which he owned and rented to the church, and one day he failed to respond with willingness at dropping in a "quarterage" when the hat was passed, saying they might consider him as putting in fifty cents instead of a quarter and apply it on the rent the church owed him. This was caught up as a direct dun for rent and heralded all over the county. The preacher took occasion to upbraid the lawyer in public, calling him a scoundrel, whereupon not many days later the two met face to face, and the lawyer gave the minister a sound whipping. After this there was not a Methodist in the county who would have anything to do with him, so he left the county as above stated.
HISTORIAN AND LAWYER.
Joe H. Smith located in Magnolia in June, 1856, and was really the first reputable attorney of the county, and the first to permanently identify him- self with the bar of the county. He located with the rest of the "bunch" when the county seat was moved to Logan, and there built up a good prac- tice and died there in 1893. He was born in Lawrence county, Pennsyl- vania in 1833, studied at Westminster College and was admitted to the bar in 1856, and came west to Magnolia. He was chairman of the board of county supervisors during the war and was influential in filling the county's quota for soldiers. In fact, he said, "come on boys" and put his own name down first. and in one day a full company was raised. This was company "C" of the twenty-ninth lowa infantry regiment. In 1858 he was elected as the first county superintendent of schools for Harrison county; in 1864 was elected recorder and in 1867 elected as representative in the twelfth General Assembly. There was scarcely a case of much importance in the courts of this county where he was not an attorney on one side or the other during all of his long years practice. He was a successful lawyer in his day and generation. Ile was also of a somewhat literary turn of mind and in 1888 wrote a creditable, though small, history of Harrison county. He was a man of noble impulses, very positive in his convictions, and will doubtless be remembered as long as almost any other member of the Harrison county bar. Peace to his ashes.
In 1850 came W. W. Fuller and John K. L. Maynard. They formed a partnership, and continued until July, 1860. Mr. Fuller continued the
III
HARRISON COUNTY, IOWAA.
business of the firm, and soon took as his partner Joe II. Smith, and this partnership continued until August, 1862. At that time Company C of the Twenty-ninth lowa was formed and Fuller enlisted and was made captain. dying at Greenwood, Mississippi, March, 1863. Mr. Smith paid this tribute to Fuller : "Fuller was an able lawyer, a patriot beyond reach of suspicion, and a citizen above reproach, an honest man, and a friend whom adversity did not frighten. His friends increased with the years, and while time served to multiply their numbers, death alone could thin their ranks. The sunshine of life seemed to be in his keeping, and in every company in which he formed a part. he dispensed its light and warmth with a hand as lavishly generous as its sources were inexhaustible."
In 1860, came Hon. Henry Ford and Hon. Alexander Brown. It may be said that these two were the product of Hon. George G. Wright, formerly one of Iowa's supreme judges. Alexander Brown enlisted in November, 1861, in the Fifteenth Jowa Regiment, was wounded at the great battle of Shiloh. and carried the marks ever afterwards. Henry Ford remained at home. became district attorney for the fourth judicial district. and while still holding such office, was elected district court judge.
Before passing from the list of attorneys in this county prior to the Civil War, it should be stated that Capt. George S. Bacon, who recently died in the West, and was so well known through owning the big apple orchard at Magnolia, was an attorney when he came to the county in 1857. However, he never made a specialty of law, but engaged extensively in the real estate business and farming : he also sold goods, held county offices and other matters of a public character, which he seemed to handle with much ability. His name is inscribed on the hearts of many an old settler for his many sterling traits of character.
In 1865 Marcellus Holbrook, better known as a banker at Missouri Valley. began practice at Magnolia, remained there until early in the seven- ties, at which date he removed to Missouri Valley, and took up banking, which he followed until a dozen or more years ago, when he settled in Spring- field. Missouri, where he is still engaged in the business of a wholesaler of furniture, and a successful man of his adopted state.
- SPELLED PAPERS WITH THREE P'S.
Philip D. Mickel located in Magnolia in 1865, and there remained until the winter of 1866, when he moved to Missouri Valley, where he again entered the practice of law. He was noted for his great energy and fine
112
HARRISON COUNTY, IOWA.
ยท discrimination. He was also known for his poor spelling and it is related that he almost always spelled papers with three p's. He succeeded well as an attorney in certain classes of legal work. He moved to Colorado, where he was last heard of as a successful lawyer.
Ilon. 1 .. R. Bolter, whom the late Hon. Charles Aldrich dubbed "the noblest Roman of them all." became a member of the Harrison county bar in 1865, and continued in the practice here until his death, at Logan, in 1901. He was a student in Hillsdale, Michigan, and studied law under Hon. S. C. Coffinbury at Constantine. Michigan, where he was admitted to the bar. He was an able lawyer, a good citizen and a rock-rooted Democrat, who was always able to give a reason for the hope within him. He was more times state senator than any man in lowa and had. in 1891, delivered twenty- five Fourth-of-July orations in Jowa. beside being called to many large cities on such occasions. He was gifted as an orator and was logical from his standpoint in all matters he discussed. In young manhood he was a book- keeper for the Wells Fargo Express company in Colorado and other western pioneer points, and knew every crook and turn in frontier hardship. He amassed a handsome fortune and had two sons who became lawyers of this county-Charles and Carl Bolter. The latter is still residing at Logan, but Charles was accidentally killed by his gun while hunting. His only daughter is the wife of Doctor Wood, of Logan. . As a lawyer of note in local and state courts, as a public speaker and debater. as a kind father and excellent type of citizen, perhaps few men will ever stand higher in the bar of this county than Senator Lemuel R. Bolter, who died April 29, 1901.
Coming down to later years, members who have been added to the list of Harrison county lawyers inchide the following :
T. E. Brannon located in Magnolia in 186; and in the spring of 1867 moved to Missouri Valley. He was an excellent man, possessed of a fine education. He was at all times a gentleman, fighting his cases to a finish ; was honest, fair and straightforward. He had suffered the loss of one of his arms, and parts of both icet, caused by freezing. He was addicted to drink and was his own worst enemy. While in despondency he took his own life at Missouri Valley in 1878.
Frank Wolf, who located at Woodbine, kept this part of the legal vine- yard in a continual uproar. He went on from bad to worse until his con- duct was such that the judge disbarred him from practice in these courts.
Frank Griffin, of Dunlap, another of the same type of professional men as the one last mentioned, was always in "rows" with Wolf and the courts of this county. After having fleeced many in and about Dunlap, whose kind-
I13
HARRISON COUNTY, IOWA.
hearted citizens had tried hard to reclaim him from the errors of his ways, he left the town one night on horseback and never cursed the bar of Harrison county later. He, as well as Wolf, went to Missouri and both met with fail- ure and probably with a bad ending.
Another of Dunlap's lawyers was G. W. Thompson, who was not of the highest type of a lawyer, left that town in 1885 and located in Tennessee.
J. W. Barnhart, a graduate of Michigan University, was admitted to the bar in 1865 in Boone county. Iowa, where he followed his profession until 1878. when he located at Logan. this county, where he soon took front rank among the best attorneys in the county. He was successful before the supreme court and was an honor to the bar of Harrison county.
A "WET" AND "DRY" ADVOCATE.
Major Charles Mackenzie, a soldier in the Civil War, was major of the Ninth Iowa Regiment, and after the war closed read law under D. E. Lyon, of Dubuque, and was admitted to the bar in 1867. He then practiced in Dubuque, Mason City, Sioux City. Eldora. and finally located at Dunlap, this county. He was a bachelor, and. had it not been for the drink habit, might have been one of lowa's brightest and most successful lawyers. As it was, he stood high as a lawyer of ripe mind, and unquestioned integrity. Hle had a commanding appearance, was an exceptional student of the law, a good speaker, and delivered many lectures, in later years on the temper- ance question. He tried hard to reform, but failed to conquer himself com- pletely. He finally located in Des Moines, where the last years of his career were spent. He died there in 1908. He made good there as an attorney and was held in high esteem, both in and outside the bar of Polk county. Those whom he knew best all agree that his was an exceptionally bright mind and that he had a big, stout heart that beat in unison with all who needed aid and sympathy.
Il. Il. Roadifer, a graduate of Mt. Vernon, Illinois, read law in the office of Hon. T. Lyle Dickey. a supreme judge of that state. He was ad- mitted to the bar in 1875, and immediately came to Iowa, locating at Emer- son, where for nearly two years he was principal of the high schools. He began his practice in Logan, in 1878, and became one of the foremost mem- bers of the bar of Harrison county. He has made an enviable record, both in local courts and before the supreme court of the state.
Another gentleman who belonged to this bar, but never practiced to any (3)
-
114
HARRISON COUNTY, IOWA.
extent, devoting himself to his business as a real estate dealer and banker at Logan, was the late : \. L. Harvey, who was admitted to the bar in 1868, while Judge Ford was on the bench. He passed from earth May 3, 1902.
S. 1. King, son of Judge Stephen King, was only two years of age when he accompanied his father from New York state to this county. He was educated in the best of schools, attended Iowa University; was principal of the high school at Magnolia, and then was under the tutelage of the law school of Judge C. C. Cole and Hon. George W. Wright, at Des Moines. He commenced the law practice in Logan in 1877. He continued there until a few years prior to his death in April. 1907, working on the Panama Canal for a time after leaving Logan. . His remains were sent back by the government.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.