USA > Iowa > Jefferson County > History of Jefferson County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 31
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"Resolved, That, if the directors of the Burlington and Missouri River Rail- road Company persist in the location of the depot outside of the city limits of Fairfield, the county judge of Jefferson County shall not issue to said party the bonds of the county in the loan of $100,000, and that we will resist the collection of any tax for the payment of said bonds and hold ourselves, as individuals, under no obligations to pay our private subscriptions to the stock of said com- pany."
On motion of Dr. C. S. Clarke, it was ordered that the proceedings of the meeting be sent to the papers at Fairfield and Burlington, with a request to pub- lish them, and that copies be sent to the directors of the railroad company.
To this protest the railroad company, no doubt considering it "a tempest in a teapot," made no response. The silence was understood as a determination "to persist in the infliction of a grievous wrong." On September 23d the citizens again conferred, Their decision was to continue their efforts "by all fair and honorable means;" to correspond, in relation to the conduct of the railroad com- pany, with the various stockholders residing within the state and with the county judges and citizens along the line of road, and to publish`a history of the trans- actions. To this purpose they zealously held.
A stringency in the money market in the fall compelled the railroad com- pany to curtail its operations. In this dilemma a proposal became current in the community that the company issue "scrip" to relieve its financial embarrassment. pay its indebtedness, and continue work. On October 26th, there was a citizens' meeting to discuss this proposition. Dr. C. S. Clarke was chairman and S. H. Mallory secretary. There were several spirited speeches. James Thompson offered a resolution requesting the railroad company to issue sufficient "scrip" to complete the road to Fairfield, "and no more," with the provision that it
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be properly secured, so that the people might have confidence in it and use it as a circulating medium, and that it be taken "at par for fare, freight, and in pay -. ment of stock subscriptions." This was rejected for a substitute submitted by James F. Wilson, which asked the relocation of the depot "as an act of justice," and, in that event, proposed "to use all honorable means and influence to pro- mote the rightful and legitimate interests of the company and to aid them in prosecuting the further extension of the road."
The "railroad scrip" were simply orders of H. Thielsen, chief engineer, on . the company's treasurer. The plan was to circulate them as money. It failed, because no one would accept them. Charles Negus denounced their issuance in the manner attempted as an open violation of law and intimated that, if per- sisted in, it would be his duty as prosecuting attorney to bring the matter before the grand jury. He laid all the blame for the trouble between the railroad com- pany and the citizens upon the chief engineer, both in regard to the depot and in regard to the "scrip." He therefore moved that the directors be requested, as a step toward settlement, to discharge Thielsen from his position. The motion carried.
In November, "Terminus" and "Fact" increased the growing bitterness by endeavoring to show that the location of the depot was of little or no conse- quence; that the substantial prosperity of a town depends less upon this "than upon the energy, public spirit, and unity of its inhabitants," and that in making a change for improvement or economy the railroad company was within its right. The personal phase of the controversy may be passed over. The last assertion drew from the Ledger this editorial comment, which pierced to the marrow of the contention :
"We hold that railroad companies, in their corporate capacities, have no powers except those delegated to them by the people, and such as arise, by neces- sary implication, from the powers expressly delegated. We hold, further, that, in the exercise of these powers, corporations are bound to consult the rights and interests of those from whom these powers are received, as well as the rights and interests of themselves; that corporations are as much bound by the require- ments of good faith as individuals are, and that might no more makes right in favor of corporations than it does in case of individuals. From these premises we draw the deduction that, after the agents of the Burlington and Missouri River Railroad Company had given out that the depot was located on the grounds north of the square, and our citizens had, for two years.or more, acted with a view to such location, the company had no right to change that location, and place their depot entirely beyond the limits of our city, to the injury of our city and the citizens thereof ; that the company had no right to perpetrate a fraud themselves nor to aid others in the perpetration of a fraud; that by every moral obligation they were bound to act in good faith, notwithstanding they might act in bad faith without laying themselves liable to a direct remedy at law. A great many things may be done under color of law which men would blush to do and would only skulk behind the law to hide their shame. The exercise of a legal power in violation of a moral obligation is disgraceful in the highest degree. Cowards and rogues act in that manner. True men, honest men, never do so."
There is no evidence anywhere of a conciliatory spirit on the part of the railroad company. Suits against the stockholders for refusal to pay their sub-
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scriptions were soon instituted. This was piling fuel on the flame.of their dis- content. These made of their defense a common cause. The contest was easily begun, but not so easily concluded. As will be seen, it ran over a long period of years.
In spite of these untoward circumstances, on June 21, 1858, the location of the depot was again brought before a public meeting. A. H. Brown was chair- man; W. H. Jordan, secretary. C. W. Slagle stated the object of the call. The old opinions were still held. Individual utterances were unequivocal and posi- tive. They "reiterated and reaffirmed" their wishes. Taking a last chance, they appointed D. Young, C. Negus, Dr. C. S. Clarke and James F. Wilson to confer on the subject with the president and directors of the company at their next meeting. This mission was unsuccessful.
The road slowly advanced by intermittent stages. Its completion to Fair- field was finally attained. Seven years of weary waiting and laborious effort had passed since the inception of the undertaking. Wednesday, September Ist, was the date which marked the close of one era and the opening of another. Appre- ciation of the meaning of the event in advantage and convenience was evinced in an elaborate celebration. A general invitation to participate, signed by fifty-six representative citizens, had been extended to all the people of Jefferson, Des Moines, Henry and Wapello Counties. Daybreak was the signal for firing a can- non, whose noisy discharge was repeated every half hour till 10 o'clock, and then every ten minutes till II o'clock, when the "First Train," decorated with flags and banners, steamed in through a great crowd massed along the track and about the depot. There were seventeen cars, bearing the officials of the company, men of note and distincton in the state, and a host of visitors. From Burlington came the "Burlington Blues," "Washington Guards," 'Irish Volunteers" and "Ger- man Riflemen," "Eagle Fire Company, No. 1," "Des Moines Fire Company, No. 2," and "Burlington Hook and Ladder Company," and from Mt. Pleasant the "Mount Pleasant Greys." There was an enthusiastic confusion of cheers, music by brass and martial bands, the whistle of the locomotive, and the boom of ar- tillery. At 12 o'clock the regular train arrived, adding more celebrants. The guests of honor were conducted to a near-by stand, where A. M. Scott of Fair- field welcomed them. W. F. Coolbaugh of Burlington replied. Under the direc- tion of Chief Marshall and his aids, James Thompson, Alexander Fulton and Daniel McDonald, a procession formed and marched to the public square, where, in the shade of the trees, on a table extending in a circle of a thousand feet, was prepared an ample dinner for all. This was in charge of George W. Honn, a popular Boniface.
The feast was followed by a program of toasts and occasional responses which illustrate as nothing else can the current thought. The sentiments were read by A. R. Fulton :
"I. Iron-The metal which transcends in value the finest gold; its magic tissues make distant nations neighbors." Senator James Harlan responded.
"2. Steam and Electricity-The great ideas of the age; the annihilators of time and distance, and the agents which are destined ultimately to fraternize all nations and unite them in the bonds of peace and unity." Prof. J. T. Robert of Burlington responded.
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"3. The Iron Horse-May the time speedily come when he shall stop to take a drink at the Missouri and anon quench his thirst in the waters of the Pacific." J. L. Corse of Burlington responded.
"4. The B. & M. R. R. Company-With untiring energy and zeal, in a time of great financial embarrassment and depression of railroad securities, and dur- ing the most unfavorable of seasons, they have prosecuted their work and ex- tended their road further west than any other Iowa road. May the company be rewarded for their enterprise." W. M. Wallbridge of Burlington responded.
"5. Agriculture-The basis of all real prosperity. Without it, the Iron Horse would starve." Dr. Sumner Stebbins of Mount Pleasant responded.
"6. Governor Lowe-Our worthy executive, beloved for his private virtues and noted for his intelligent support of the railroad system of Iowa." A letter from the governor was read, explaining his inability to be present.
"7. Our Invited Guests-We welcome them to the hospitalities of Fairfield and hope that the friendly greetings of today may often be renewed." W. M. Wallbridge responded.
"8. Burlington, Mount Pleasant, and Fairfield-Fair sisters three; their inter- ests are one and inseparable; may they continue to abide in unity." R. L. B. Clarke of Mount Pleasant responded in humorous vein.
"9. The Military-The soldier is his country's defense in the hour of dan- ger ; let us honor him." W. M. Wallbridge responded.
"10. The Fire and Hook and Ladder Companies-Ever ready and ever will- ing to protect and save the homes and property of their fellow citizens from the ravages of the destructive element. Let us honor the brave, true-hearted fireman."
"II. The Music-As the locomotive has awakened new echoes in our val- leys, so has the music of today awakened new echoes in our hearts."
"12. Burlington-The City of the Flint Hills. The enterprise and energy of her citizens, whom no difficulties have appalled, have placed her in the van of the cities of Iowa."
"13. Mt. Pleasant-The Athens of Iowa."
"14. Ottumwa-Her rapid growth shows the pre-eminent perseverance of her citizens." J. W. Norris of Ottumwa, editor of the Courier, responded.
"15. September Ist, A. D. 1858-The date of the beginning of a new era in the history of Fairfield."
Volunteer toasts further show the spirit of the occasion :
By A. R. Fulton: "The Press-Potent for good or evil. We have reason to rejoice that it is generally found battling for the success of every enterprise for the public good." D. S. Elliott of Mt. Pleasant, editor of the Home Journal, responded.
By W. D. Wilson: "The Two New Wonders of the World-The ocean tel- egraph and the completion of a railroad connecting Fairfield with the rest of mankind."
By E. S. Gage: "The B. & M. R. R .- To the citizens of Burlington we are greatly indebted for this great and noble enterprise thus far. May their efforts meet with success hereafter." W. M. Wallbridge responded.
By a Citizen : "A Bondage We All Endorse-That which one woman holds over one man, in which the victim is so infatuated that he not only hugs his
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chains, but the dear little tyrant who binds them. The first man obeyed the first woman, and 'the very last man shall the very last woman obey.'"
By W. M. Wallbridge: "Cannon in the hands of civilized freemen an- nounces in a thundering voice the success of uniting the adventurous pioneers of the great West with the refined arts of the East."
By Alexander Fulton : "H. Thielsen, Chief Engineer of the B. & M. R. R .- A gentleman and a first-rate officer ; a man of untiring energy and industry, and one who has done more for the road than any other man living."
By A. M. Scott : "Fair-FIELD and Cyrus W. Field-On this day shall be written the brightest chapter in the history of either."
By Daniel Krebs : "The B. & M. R. R. (Company)-The citizens of Fair- field and of Jefferson County hail with pleasure the appearance of their locomo- tives and fully appreciate the energy and perseverance of their officers. May they continue the good work of penetrating through the bowels of these western prairies until they have connected Council Bluffs and Burlington within a day's travel."
By a Citizen : "John G. Reed, Vice President B. & M. R. R. (Company)- An efficient officer and deserving of the gratitude and esteem of all the friends of the road." W. M. Wallbridge responded.
By a Citizen : "Woman-May her virtues be as large as her hopes, and her imperfections as small as her bonnet."
By Samuel Jacobs: "The City of Keokuk-Her energetic and talented mayor, a former citizen of Fairfield, is a fair sample of her busy and successful people." The reference was to Hugh W. Sample. D. W. Kilbourn responded.
In a unique ceremony, two mammoth pyramidal cakes, "ornamented with wreaths of flowers and iced with snow-white sugar," were presented by the ladies of Jefferson County to the ladies of Des Moines and Henry Counties. A. M. Scott represented the donors; Rev. G. J. Johnson of Burlington and Alvin Saun- ders of Mount Pleasant the recipients. A third cake had been baked and built for the ladies of Wapello County, but this had been devoured by the hungry multi- tude. "The military and fire companies," using the words of a spectator, "gave an exhibition of firing salutes and saluting fires." In the latter case, the water was thrown by their "mersheen" from one of the public wells. A ball at night, in Well's Hall, ended the festivities of this glorious day.
The problem of transportation was largely solved; the way to market was open. There remained an aftermath of trouble and expense yet to be harvested.
The county judges of both Jefferson and Wapello Counties had paid six assessments of 5 per cent each on their subscriptions for stock. Later assess- ments they refused to honor. In March, 1859, the railroad company applied to the District Court of Wapello County for a writ of mandamus to compel its county judge to issue bonds to the amount of $70,000 in payment of the residue of the subscription. On the single ground that there was no tender at the time ' of an equal amount in certificates of stock, the writ was denied.
In October, on appeal, the Supreme Court reversed this judgment.
In a retrial, the power of a county to take stock in a railroad company was questioned. Was such power conferred by statute? Was the Legislature com- petent to bestow the authority? These queries involved a construction of con- stitutional limitations as well as legislative intent. Both were answered in the
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negative by the Supreme Court in June, 1862, in a lengthy opinion written by Judge Ralph P. Lowe. The consequences of the decision were recognized and deprecated. No blame attached to any one. An honest mistake, for which there was no legal remedy, had led to unfortunate results. "We know, however," was the concluding comment, "that there is such a thing as a moral sense and a public faith which may be successfully appealed to when the law is impotent to enforce relief. These sentiments, we cannot but believe, still reside in the hearts and con- sciences of our people and may be invoked to save themselves and their state from seeming bad faith."
After this decision, the railroad company was enjoined from negotiating any bonds of Jefferson County which it had on hand. Bonds for $15,000 were thus cancelled. Bonds for a like amount had been disposed of to "innocent purchasers" .and could not be reached. Having been held valid by the Supreme Court of the United States when so endorsed, these were ultimately redeemed. In 1877, suit was instituted against the railroad company to recover this money, with interest. The action failed because barred by the statute of limitations.
The contention with private subscribers for stock also dragged its slow length along. More substantial reasons were needed to justify their refusal to pay than the removal of the depot to a site without the city limits. In fact, this original cause of complaint was struck from the records as of no importance. Issue was really joined on conditions as to "time of letting contract and time of building." There was a stubborn contest in the lower court, which ruled ad- versely to the railroad company. The Supreme Court, in June, 1864, in the case against L. F. Boerstler, declared these were "conditions precedent ;" that they had not been complied with, and that there was no right to recover.
In tracing these cases, one is reminded of the dire happenings that followed "the loss of a horseshoe nail." Looking backward through the mists of the inter- vening years, there is observed a certain fatuity in the attitude of the officials of the railroad company. In what was of minor concern, deliberately to scorn the desires of James F. Wilson, C. W. Slagle, Charles Negus, and other influential persons who had been instrumental in securing a favorable vote and in obtaining private subscriptions for their cause was a performance to make the judicious grieve. Apart from the monetary loss, the whirligig of time brought its revenge. After a lapse of fifty-four years, the railroad company, of its own volition and at its own expense, has erected a passenger station on the site originally selected.
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CHAPTER 'XXXVI
GROWTH AND DEVELOPMENT
A civil community in process of development pursues many lines of endeavor. These both express and mold its character and reveal it in the circumstances which arise and in the incidents and events which follow. In what is attempted as well as in what is accomplished is found the spirit of its people.
Upon the organization of the state, in 1846, both democrats and whigs nominated candidates for Congress. These were voted for at large. The dem- ocratic candidates won out and took their seats, but served only to the end of the session, as the federal law required that members of the House of Representa- tives should be elected by districts. Accordingly, in February, 1847, the General Assembly divided the state into the requisite two districts. The First District consisted of the counties of Lee, Henry Jefferson, Keokuk and Jasper and the counties west of them. In May, both whigs and democrats held conventions at Fairfield for the purpose of selecting their respective congressional candidates. The whigs nominated Gen. Jesse B. Brown of Lee County; the democrats, Wil- liam Thompson of Henry County. Thompson was chosen. In 1848, Poweshiek County was taken from the Second District and added to the First. Again the congressional conventions were held at Fairfield. The whigs met on May 17th and nominated Daniel F. Miller of Lee County .. The democrats met on June 15th and renominated William Thompson. Although Thompson received the certifi- cate of election, Miller contested his right to the seat. After an investigation, the House of Representatives refused to decide between the claims of the contestants and declared a vacancy in the office. At a special election, on September 24, 1850, the voters decided in favor of Miller. It was a personal rather than a partisan victory. At this time the rank of Jefferson County in population was fifth in the state and fourth in the district. In politics, its people inclined to democratic views and sentiments. Dr. Jacob L. Myers and W. G. Coop, two of its leading citizens, had actively participated, in January, 1840, at Burlington, in the organi- zation of the democratic party. The democrats, recognizing its importance in the maintenance of their dominancy, chose for their congressional candidate at the regular election of 1850 Bernhart Henn of Fairfield. Henn waged a suc- cessful campaign. In 1852, he was returned for a second term. In 1854, he de- clined to stand again for the honors of the office.
The first courthouse was not long equal to the needs of the county. At the spring election of 1845, "the voice of the people" was taken upon building another and "whether to build it in the park or not." The main proposition was then denied; but, being again submitted to a vote at the August election of 1846, it was approved. Before the county commissioners-who were Smith Ball, Albert Connable and William Judd-took action, the Town of Fairfield was incorporated. Thereupon its officials assumed control of the public square and proposed to fence Vol.[ -19
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it, to sink wells, to erect scales, and to exercise the rights of ownership. In November, 1847, the county commissioners secured the issuance of an injunction to prevent the carrying out of these plans. A premium of $25, offered for "the best plans and specifications for a courthouse, to be 40 by 70 feet, to be built of brick, with good stone foundations," was awarded to George Craine. On March 25, 1848, the bids for the erection of such a building were opened. I. Semain was the lowest and lucky bidder. Col. James Thompson and Joseph Knott gave him 50 cents for his chance, and to them, on April 15th, the contract was let, at $7,000. John A. Pitzer proposing to lay out an addition to Fairfield and to donate one block in it to the county, it was determined, in such case, to place the courthouse thereon. Pitzer doing nothing in this direction, on January 13, 1849, Lots 1 and 2 in Block 3 of the old plat were selected as its site. The lumber was hauled from Keokuk; the brick came from M. T. Shelton's. On April 21st, Thompson's and Knott's contract was assumed by John Shields, who did not get on any better than his predecessors. On October 30th, a new contract, at $7,500, less the sums already paid for material and labor, was made with George Craine. On January 8, 1850, Cyrus Olney and others petitioned for a change of location. The prayer of these memorialists was not granted. The work dragged on more than a year longer. On May 2, 1851, the building was accepted. It was given into the keeping of the sheriff, who was instructed to keep it closed, except for the meetings of political parties and of religious societies who had no house of worship, for lectures of a scientific, moral or religious character, for plank-road and railroad meetings, and for medical conventions. Rent was to be paid when there was a charge for admission. It was used often for all these purposes.
One of the first acts of the General Assembly of the State of Iowa was to incorporate the Town of Fairfield. On February 9, 1847, it received the approval of Gov. Ansel Briggs. By it, "the free male inhabitants of the village" were authorized to choose a mayor, a recorder, and three trustees. These officers were empowered to appoint a treasurer and a marshal and needful subordinates. The principal duty of the marshal was to collect any tax assessed. Barnet Ristine was chosen mayor; George Acheson, recorder. Ebenezer S. Gage, Joseph A. McKe- mey and Evan S. Thompson were chosen trustees. For some reason, there soon grew up a serious dissatisfaction. This may have been due to administrative pol- icies, to the attempt to exercise jurisdiction over the public square, or to lack of authority to enforce ordinances. There is no clue to the cause. Relief from the trouble, or a cure for it, was sought in the General Assembly, which met in Jan- uary, 1848, in extra session. The General Assembly enacted that the voters of Fairfield, "on the second Monday of March next," might vote for or against a repeal of "an act to incorporate the Town of Fairfield." Those voting for a repeal were to put in ballots with the word "repeal" written or printed thereon; those voting for a continuance of the charter were to put in ballots with the word "charter" written or printed thereon. The majority vote was to decide the issue. Notice of the result was to be published in the Iowa Sentinel. If the incorpora- tion was continued, then the mayor from thenceforth was to be "ex-officio a justice of the peace." Whatever the difficulty, the new order of things prevailed.
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