USA > Iowa > Kossuth County > History of Kossuth County, Iowa > Part 29
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During the year 1866 Sod Town made its appearance on section 22 in Lotts Creek where the Wilkins Bros., the Taylor boys and James Cronan were the pro- prietors. About the same time the Hatch settlement formed in that township, the name being in honor of H. P. Hatch, one of the enterprising members of that com- munity. Geo. Smith, who settled in 1865, just across the line in northern Whitte- more, was the head of the only family in the Scotch Smith settlement until his neighbor, Simon Hatch, arrived the next year. That word "Scotch" was often heard in connection with the names of settlers in that period. "Scotch Sammy Reed," an 1866 settler who located a few miles west of Algona, and Scotch Geo. Stewart, who came into Riverdale about that time, would have had settlements
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called in their honor if they had located further out on the prairie and away from the settled portion. That fact is also true of many others like Abel Worster who settled on the east side of the river in 1866 in Riverdale. For many years all knew the location of the Dorweiler settlement. It is sometimes even at this late date known by that name. When the Guttenberg colony located in the southwest corner of the county in 1866, and made improvements that were seen across the flat for a distance of some fifteen miles, the old settlers were both surprised and delighted. The Dorweilers and some of the Bonstetters made a lucky hit by going there that year where they could get free homesteads an also procure college leases on the most favorable terms.
The sod house period was a formative one when scenes of activity along vari- ous lines were constantly beheld. Thousands of acres of the verdant sod were turned over with the breaker ; some men clamored to have the county divided, but ten times as many besieged the board of supervisors to have new townships set off and organized; all along the line a persistent effort was made to have the sloughs so bridged that the settlers could haul their grain to market more easily ; a demand was made for more bridges across the river ; new roads had to be estab- lished in every direction, and rural schoolhouses erected. During the year 1866 a new bridge was built across the river at Irvington and the first courthouse was erected at the county seat.
The year 1867 was an exceedingly hard one for a large number of the new settlers and for some who had been here for several years. That condition was due to several causes. The crops that year were poor, especially on the wet, soggy land where the weeds sprang up and choked the life out of the grain. To make matters worse, the grasshoppers made their first appearance and damaged many of the fields of grain in numerous sections of the county. Although their ravages were not so bad as when they came six years later, the loss was severely felt by a large number. Another cause was the fact that nearly all the settlers of the latter sixties came to the county with little or no money. What they had went for improvements, so that when the crops failed they had no funds with which to procure provisions. It was then that the "corn meal famine" stared the set- tlers in the face. At a mass meeting of the citizens delegates were chosen to appeal to the board of supervisors for aid for the needy. Thereupon that official body empowered James Henderson to proceed to Iowa Falls, the terminus of the Illi- nois Central, and there purchase corn meal and other provisions for distribution. Among those who walked off with bags of meal, when that article was unloaded, were some who would feel very restless if they should see their names printed in a list of those receiving help at that time.
The matter of locating the settlers, who came with the rush in the latter sixties, was no small task. The favorite plan of many of them was to settle on homesteads where college land could be procured adjoining their tracts. Being strangers, others, who were acquainted with the location of the kind of land they desired, had to go with them to find the corner stakes and see that they were settled on the proper tracts. This line of work gave employment to several people. The ser- vices of those who were skilled in surveying were in great demand. Judge Call and Henry Durant formed a partnership to carry on that work, and A. D. Clarke,
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who had come to the county seat in 1865, soon became busily engaged in locating the new settlers. Capt. W. H. Ingham during the latter sixties was successful in settling a large number of the homesteaders. He still has in his possession the plats of the various townships he used at that period to guide him in his work. They bear unmistakeable evidence of his activity in the matter of locating settlers in that historic Sod House period.
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CHAPTER XIV ESTABLISHING COUNTY AND TOWNSHIPS
COUNTY NAMED AFTER PATRIOT
The legislature in establishing the county designated the name "Kossuth" as the one by which it should be known in taking its place among the counties of the state. Louis Kossuth, in whose honor it was named, was at that time receiving much sympathy from the people throughout the nation, because of his failure to procure Hungarian independence after having made a gallant fight to throw off the galling Austrian yoke from the necks of his countrymen. This famous champion of freedom, who was leading the revolt against Aus- tria, met defeat when Russian troops were sent to help subdue him and his followers. He then fled to Turkey for refuge where he was in 1851 when this county was created and named after him. Both Austria and Russia de- manded his extradition but were refused by the Porte. This situation made him popular with the liberty-loving people of this country. It was during this same year that he left Turkey, crossed the Atlantic in the United States war- ship, Mississippi, and became the guest of the government. He was received with unbounded enthusiasm in all the principal cities where he addressed large audiences, appealing to them for aid to procure the separation of Hungary from the dual Austria-Hungary monarchy. His fame as an orator had pre- ceded him across the ocean. Anticipations of hearing rare eloquence were more than realized by those who heard him describe how western Europe, with cold and unfeeling indifference saw Hungarian patriots in an unequal struggle, fighting for freedom and receiving help from nowhere.
Louis Kossuth was born in Monok, Hungary, April 27, 1802 of noble blood and of Slavic origin. He studied law, practiced at Pesth and entered politics, soon becoming a member of the upper house by proxy where his voice was lifted in behalf of the oppressed. He began publishing papers, and for his too liberal views was imprisoned. During the year 1847 while in the lower house his fame as an orator and as a champion for freedom became established. He boldly advocated the emancipation of the peasants, the abolition of feudal privi- leges, the elevation of the lower classes and the freedom of the press. Through his influence the national assembly in 1849 declared the ruling Austrian family -the Hapsburg dynasty-to have forfeited the throne. On becoming pro- visional governor of Hungary he prepared for war and approached Vienna where his forces met with defeat. Austrian troops then invaded Hungary, but Kossuth succeeded in defeating them with several brilliant victories. Russia
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then sent troops to aid Austria and Kossuth resigned as dictator. A few days later the whole Hungarian army was surrendered to the Russians and Kossuth was compelled to seek refuge in Turkey.
In 1867 when an agreement was made between Austria and Hungary to exist as a dual monarchy in harmony, Kossuth who had no hand in this com- promise refused to either take the oath of allegiance or to return to his native land. He died March 20, 1894 at Turin where he had made his home since 1862. His body lies buried at Budapest, where it was interred amid demon- strations appropriate as the last sad rites of the famous champion of freedom.
THE THREE DIFFERENT BOUNDARIES
The third general assembly of the state in January, 1851 effected a greater amount of important legislation than has any other legislature since the organi- zation of the state. Prior to that time the whole of northwestern Iowa contained no created counties, those previously having been established being confined to the eastern and central portions and one full row of counties along the south- ern boundary. This legislature in 1851 began creating new counties in this part of the state, and proceeded until forty-eight came into existence at that session. When the session closed every part of the state, for the first time, was included in some designated county, but when it began there was no county in the state west of either Winneshiek, Fayette, Blackhawk, Boone, Dallas, Madison or Monroe. By noting the western boundaries of these coun- ties one can readily comprehend the form and size of the territory that was divided up into newly created counties as the result of that session. Six of these forty-eight as named by that legislature have long since been extinguished. They were Risley, Yell, Fox, Wahkaw, Bancroft and Buncombe.
Kossuth county was one of those that was created by this wholesale legis- lation. January 15, 1851 is the date of its birth, and the time when it received its baptismal name. When it was established it was the same size as Palo Alto and Hancock and lay between them, each being square, twenty-four miles long and the same distance wide. Kossuth on the north was bounded by Bancroft county, which was seventeen miles from its southern boundary to the Minne- sota line. South of Kossuth and of equal size, was the county of Humboldt.
At the date of the birth of Kossuth there were no settlers in the county and hence no officers could be elected to perfect an organization. The same was true when the next legislature met two years later. Apprehending that settlers might arrive before the next session and be in need of legal protection before the county could be organized, the county was attached to Boone for election, revenue and judicial purposes by the legislature, in January, 1853. The succeeding legislature, two years later, attached Kossuth for the same purpose to the county of Webster. At that time, as there were but few settlers in the county, no election for organization had been held.
Judge Call attended this same session of the legislature in January, 1855 and by his influence succeeded in getting the boundary lines of Kossuth greatly enlarged. It is now the largest county in the state, but was much larger when that session ended. Bancroft county was blotted out of existence and added to Kossuth on the north. Humboldt county met with the same fate, the north
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twelve miles being given to this county on the south, and the south twelve to Webster. It was much to the advantage of Webster to have this change made and it was effected by the help of parties interested in that county. Kossuth got the lion's share, however, in this proceeding which many have called "the. 1855 freak legislation." As the expense of maintaining a large county is less heavy to each of its tax payers than if it were smaller, this county was thus benefited by the arrangement. The citizens of Fort Dodge were benefited not only for this reason but for a far better one. That village sprang into existence on the site of the old fort, which was located near the north boundary line of Webster county. The promoters of the village realized that they could not hope to keep the county seat there, as it was situated so far from the center of the county. With this thought in mind they planned to secure more territory on the north by having Humboldt partitioned between Webster and Kossuth counties. Humboldt was like Poland when Russia, Austria and Prus- sia stole all of its territory without even an apology for so doing. Kossuth, by its addition of seventeen miles on the north and twelve on the south, became a county fifty-three miles long with Algona as county seat, a little north of the center.
The Fort Dodge boomers were great wire-pullers and were ever looking out for schemes to benefit their village and county. They soon began planning to have Kossuth divided, as a means of benefiting Webster county in the future. Said Judge Call: "In 1856 I found that Webster county had a project against Kossuth county. The idea was that this county was so large that it would undoubtedly be divided, and that might endanger their boundaries, and if they could divide this county about the middle it would be difficult to change it again. The scheme came to me through a friend in Ohio. To counteract this I went down into Humboldt county and got Mcknight to get up a petition to restore Humboldt county as it was, and I went with him to Iowa City and got the bill through; but when we came to see the bill as it passed, it contained only twelve townships instead of sixteen as the county had previously con- tained. One of the clerks was responsible for substituting the changed bill for the real one." Thus Humboldt was cheated out of her south six miles by having that much of her territory go to Webster. While this bill caused Kossuth to restore its Humboldt portion to where it rightfully belonged, it was silent about its Bancroft portion, and consequently allowed it to remain as a part of Kossuth county.
RISE AND FALL OF CROCKER COUNTY
When peace had been restored at the close of the Civil war, immigrants from eastern sections of the Union came pouring into the northern part of the county and locating upon free homesteads. By the first of January, 1870 sub- stantial settlements had been made in various parts of the territory which had formerly constituted Bancroft county. A couple of families had located on the extreme western portion in 1863 or '64. but as they remained but a short time and did not become identified with the growth of the permanent settle- ments in that vicinity, their names are not now recalled. The fertile prairies began being dotted with sod houses and primitive shanties in 1865, and con-
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tinued increasing in population until the settlements compared favorably with those on the prairies in the southern part of the county. Among those settlers were parties of ability and influence. These men knew that they were liv- ing in what was once Bancroft county and that it was no smaller than the counties of Osceola, Dickinson, Emmet, Winnebago and Worth which were still existing. As it was a long distance down to Algona, the county seat, they reasoned that they ought to have a county government of their own, and took steps to have that part of the county re-created into a new county. Captain Wadsworth, G. V. Davis and Doctor Garfield were the active agitators of this project.
An act of the legislature in January, 1870 passed creating Crocker county on the ruins of old Bancroft, being the territory embraced in the north three tiers of townships-98, 99 and 100. The bill provided for the first election and the organization. At the general election, October 10, 1870, the officers were chosen. the polls being opened at the "white" schoolhouse. The supervisors elected were R. I. Brayton, L. K. Garfield, Isaac Hadly, and G. V. Davis. The other officers were: William Gibbon, treasurer ; John Coffin, sheriff ; Cyrus Hawkes, clerk : Mrs. A. J. Garfield, recorder; J. P. Hawkes, surveyor and Mrs. Littlefield, superintendent. There was some "hitch" about the election of Mrs. Littlefield and Mrs. William Ormiston held the office by appointment.
Crocker county now being organized the officers were ready for business at the county seat-Greenwood Center. They had no money with which to operate or from which their salaries could be drawn. Besides this the Kos- suth county board had not taken any action to prevent the levying of taxes upon the Crocker county territory, and the treasurer had not been instructed to cease collecting the same from that territory. Crocker asked Kossuth to do this favor, but was turned down with a resolution which stated in substance that there would be time enough to adjust the financial differences between the counties whenever Kossuth had evidence that such a county as Crocker existed. The Crocker board knew what this meant and proceeded to test the constitu- tionality of the act creating that county. This it did in an effectual and singu- lar way through a law suit in which the recovery of $to was the sole amount at issue.
On the seventh day of February, 1871, R. I. Brayton sued L. K. Garfield in the justice's court of Crocker county before J. P. Hawkes who had been elected to that position. The defendant appeared in person and the plaintiff by his attorneys. Clarke and Call. Brayton claimed that Garfield owed him $10 for services rendered him during the summer of 1870 which were due and unpaid. The defendant demurred to the petition on the ground, first, that the court had no jurisdiction of the person of the defendant or of the subject matter in controversy : second, that the petition showed that the action had been begun in Crocker county which in fact had no existence; third, that the act creating Crocker county was void and unconstitutional; and fourth, that the creation of the county of that size was in violation of the statute. According to the pre-arranged program the justice wisely overruled the demurrer and Garfield refused to answer. Then after hearing the manufactured evidence the justice entered judgment against Garfield for the sum of $1 and costs. The latter upon filing his $50 appeal bond agreed with the plaintiff that the case should be sent to
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Emmet county for further trial, both parties waiving requirements as to time for taking the appeal and agreeing to appear in the circuit court of Emmet county on the thirteenth of February, 1871.
When the case came on for hearing in the circuit court the same demurrer was argued and the court held with the justice, affirming his decision. The case was then appealed to the supreme court where able lawyers on both sides rep- resented the litigants, J. D. Springer and Cowan being for the appellant and Nourse and Kauffman with O'Connor for the appellee. This highest tribunal in the state handed down its decision December 11, 1871, reversing the judg- ment of the court below, thus deciding that the legal conclusion of the demur- rur was correct-that the act creating the county of Crocker was in violation of law and was therefore unconstitutional. This decision was made possible because Crocker county did not contain four hundred and thirty-two square miles of territory as the existing constitution required, the north tier of town- ships being one mile too short to embrace the necessary number of square miles.
Why did the court blot Crocker county out of existence because it con- tained less than four hundred and thirty-two square miles when several coun- ties on each side of it were of the same size? This question has often been asked and many times not answered. It is also puzzling to some to know why Bancroft county, if it had existed at that time, could not have been extin- guished by the court as well as Crocker, since each had the identical territory.
The constitution of 1846 was in force in January, 1851, when all the counties of northwest Iowa were created. The law regarding the size of new counties to be established under that constitution was as follows: "No new county shall be laid off hereafter, nor old county reduced to less contents than four hun- dred and thirty-two square miles." In spite of that restriction the counties of Worth, Winnebago, Bancroft, Emmet, Dickinson and Osceola, all of the same size and all containing less than four hundred and thirty-two square miles, were established at the same time along with many others. Had any one raised the question in court regarding the legality of the act creating them, all six would have been blotted out if a test case had been made during the next few years after they had been established. As the question was not raised in court these counties were allowed to remain for the time being. It must be remembered that while Bancroft county lost its existence by the act of the legislature in January, 1855, it was not because it contained less than the statutory requirement of square miles. Neither that question nor any other, so far as the records show, was raised. The legislature simply had the power to extinguish the county without assigning reasons for doing so, and it acted accordingly.
The new constitution of the state, which took effect in 1857, contained this section relating to the size of counties to be established: "No new county shall be hereafter created containing less than four hundred and thirty-two square miles; nor shall the territory of any organized county be reduced below that area ; except the county of Worth, and the counties west of it along the north- ern boundary of this state, may be organized without additional territory." The proviso attached to this restriction saved the existence of these five small counties on the Iowa northern line and would also have saved Bancroft if it had been in existence at that time.
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Crocker county was created in 1870 under the provisions of course of this same constitution. But it tried for life too late to live. It was not a county west of Worth when the constitution took effect in 1857, and hence could claim no benefits from that curative proviso which was made to save the existence of the then existing small counties. It was a new county established since that constitutional law was adopted, and consequently had to have four hundred and thirty-two square miles in its territory if its creation was to stand. This it did not have and was therefore compelled to pass out of existence. It had been named in honor of Brig .- Gen. Marcellus M. Crocker, who had been colonel of the Thirteenth Iowa Infantry.
The boundaries of Kossuth today are the same as fixed by the legislature in January, 1857, forty-one miles in length and twenty-four in width. It contains nine hundred and eighty-four square miles or 629.760 acres.
BIRTHS OF THE CIVIL TOWNSHIPS
The county contains twenty-eight congressional townships, each of which is a civil township entire with a few small deviations. The coinciding of these two kinds of townships was not effected at any one time, but it took many years to perfect this orderly arrangement. Laying out townships six miles square is a requirement of the national law, while the shape and size of the civil townships and giving them names are directed at present by the board of supervisors, but in early days this was done by the county judge. None of these civil townships had been established until after Bancroft county and the north half of Humboldt had been added to the area of the county. At the time the first subdivision was made the county was the largest in the history of its existence-fifty-three miles in length. In March, 1856, County Judge Asa C. Call ordered that the Humboldt portion should constitute a civil township by that name, and that all the territory north of it should be known as Algona township. This latter division was, of course, then just the same size as is the whole county today.
This large Algona township was subdivided for the first time by the March, 1857, session of the judge's county court, and it was the last work of the kind ever done by the official first chosen for that position. He ordered in effect that the territory of the north thirty-one and one-half miles should constitute Algona township, all south of it east of the center of the river, Irvington, and all south of it west of the center of the river, Cresco.
The Cresco electors, failing to organize the township as declared to be bounded, were directed by County Judge Lewis H. Smith, at the March. 1858, term of his court, to assemble at the polls, at the home of Robert Brown, on the first Monday of April, 1858, and elect the required officers. The territory, however, to con- stitute that township had been changed somewhat in form by the judge when he ordered that the election should be held. The voters complied by organizing as requested. The township was established by the judge's order with boundary lines as follows : "Beginning at the southwest corner of the county and going north to the quarter post on the west side of section 7, 95-30, thence east till it intersects the center of the east branch of the Des Moines river, thence down the center of the stream to the south line of the county, and thence west to beginning." By this new arrangement the north line of Cresco was one mile further north than
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