History of Lucas County, Iowa containing a history of the county, its cities, towns, etc, Part 36

Author:
Publication date: 1881
Publisher: Des Moines, State Historical Company
Number of Pages: 761


USA > Iowa > Lucas County > History of Lucas County, Iowa containing a history of the county, its cities, towns, etc > Part 36


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).


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Any citizen of the State, except hotel keepers, keepers of saloons, eating houses, grocery keepers and confectioners, is permitted to buy and sell, within the county of his residence, such liquors for such mechanical, etc., purposes only, provided he shall obtain the consent of the Board of Supervisors. In order to get that consent, he must get a certificate from a majority of the elec- tors of the town or township or ward in which he desires to sell, that he is of good moral character, and a proper person to sell such liquors.


If the Board of Supervisors grant him permission to sell such liquors, he must give bonds, and shall not sell such liquors at a greater profit than thirty- three per cent. on the cost of the same. Any person having a permit to sell, shall make, on the last Saturday of every month, a return in writing to the Auditor of the county, showing the kind and quantity of the liquors purchased by him since the date of his last report, the price paid, and the amount of freights paid on the same ; also the kind and quantity of liquors sold by him since tife date of his last report; to whom sold; for what purpose and at what price; also the kind and quantity of liquors on hand; which report shall be sworn to by the person having the permit, and shall be kept by the Auditor, subject at all times to the inspection of the public.


No person shall sell or give away any intoxicating liquors, including wine or beer, to any minor, for any purpose whatever, except upon written order of parent, guardian or family physician ; or sell the same to an intoxicated person or a person in the habit of becoming intoxicated.


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318


ABSTRACT OF IOWA STATE LAWS.


Any person who shall mix any intoxicating liquor with any beer, wine or cider, by him sold, and shall sell or keep for sale, as a beverage, such mixture, shall be punished as for sale of intoxicating liquor.


But nothing in the chapter containing the laws governing the sale or pro- hibiting the sale of intoxicating liquors, shall be construed to forbid the sale by the importer thereof of foreign intoxicating liquor, imported under the author- ity of the laws of the United States, regarding the importation of such liquors, and in accordance with such laws; provided that such liquor, at the time of the sale by the importer, remains in the original casks or packages in which it was by him imported, and in quantities not less than the quantities in which the- laws of the United States require such liquors to be imported, and is sold by him in such original casks or packages, and in said quantities only.


All payment or compensation for intoxicating liquor sold in violation of the laws of this State, whether such payments or compensation be in money, goods, lands, labor, or anything else whatsoever, shall be held to have been received in viola- tion of law and equity and good conscience, and to have been received upon a valid promise and agreement of the receiver, in consideration of the receipt thereof, to pay on demand, to the person furnishing such consideration, the amount of the money on the just value of the goods or other things.


All sales, transfers, conveyances, mortgages, liens, attachments, pledges and securities of every kind, which, either in whole or in part, shall have been made on account of intoxicating liquors sold contrary to law, shall be utterly null and void.


Negotiable paper in the hands of holders thereof, in good faith, for valuable consideration, without notice of any illegality in its inception or transfer, how- ever, shall not be affected by the above provisions. Neither shall the holder of land or other property who may have taken the same in good faith, without notice of any defect in the title of the person from whom the same was taken, growing out of a violation of the liquor law, be affected by the above provision.


Every wife, child, parent, guardian, employer, or other person, who shall be injured in person or property or means of support, by an intoxicated person, or in consequence of the intoxication, has a right of action against any person who shall, by selling intoxicating liquors, cause the intoxication of such person, for all damages actually sustained as well as exemplary damages.


For any damages recovered, the personal and real property (except home- stead, as now provided) of the person against whom the damages are recovered, as well as the premises or property, personal or real, occupied and used by him, with consent and knowledge of owner, either for manufacturing or selling intox- icating liquors contrary to law, shall be liable.


The only other exemption, besides the homestead, from this sweeping liability, is that the defendant may have enough for the support of his family for six months, to be determined by the Township Trustee.


No ale, wine, beer or other malt or vinous liquors shall be sold within two miles of the corporate limits of any municipal corporation, except at wholesale, for the purpose of shipment to places outside of such corporation and such two- mile limits. The power of the corporation to prohibit or license sale of liquors not prohibited by law is extended over the two miles.


No ale, wine, beer or other malt or vinous liquors shall be sold on the day on which any election is held under the laws of this State, within two miles of the place where said election is held; except only that any person holding a permit may sell upon the prescription of a practicing physician.


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319


ABSTRACT OF IOWA STATE LAWS.


SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIP- TION.


The business of publishing books by subscription, having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made :


A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the consid- eration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exag- gerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber. and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the princi- pal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.


All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they can not be altered, varied or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.


Persons employed to solicit subscriptions are known to the trade as can- vassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their business.


It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is; if they can not read themselves call on some one disinterested who can.


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STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.)


No. of


No. of


No. of


Value of


COUNTIES.


Acres


.נof Im


Acres


Acres


Spring Wheat.


Winter Wheat.


Indian Corn.


Oata.


Uulm-


under


Products


pruved


proved


Culti.


No. of


of Farm


Land.


Land.


vation


No of


Acres.


Bushels


No. of


No. of


No. of


No. of


No. of


No. of


In


In 1874.


Harv's'd


Acres.


Bushein


Harv't'd'


Acres.


Bushels


Harv't'd


Acres.


Bushels


Harv't'd


Dollars.


Appanoose ..


Alamakec ...


161069


1019


64971


134167


161083


1251 88


9006


10k38


2396218


13756


58,346


#1611997


Audubon ..


21146


156821


23819


109398


24525


906920


15996


61850


957639


181


1964


89235


10


97


12776


1415769


9225


894655


443529


Adams.


65459


89182


43435


54354


6976


17947


281376


25474


788


8951


141293


184158


7


124


969.77


09%318


Adalr


Buena Vista


33118


66265


27550


435014


3500


30860


1403428


27010


228231


4455


159739


85171


Benton ...


29:518


37034


71810


239408


15514


2791


156937


53911


99-106


162737


1543666


Boone


429257


7


290


89241


8928921


207828


149198


10-642


11


46151


1595:52


15190


445070


2664996


10401


401630


Butler ..


Bremer


145967


54906


124577


104910


57907


779167


20


700


1018453


Black Hawk


213025


47001


48878


89361


644795


1270878


18827


421719


28754


1026641


1309785


14259


518671


Buchanan


150981


181 256


1108024


66592


1939590


535196


1144630


71418


157240


64291


812342


1811230


16804


17431


556209


1898424


19056


48831


Clay.


37069


89919


28974


33375


17491


153159


8797


180120


4456


2615049


98766


Cherokee .


54698


45412


125343


9459


315215


Casa ...


110864


81693


115896


Crawford


45304


283414


92785


40123


401507


21000


676209


40582


1901062


3545


834894


17957


648658


176281


1284899


15262


2902


248869


Cerro Gordo,


529-0


41417


99158


Cedar


166487


4-3357


40467


640514


26


295


78234


2845921


265443


20243


675837


26061 49


Clayton


309995


49648


26199


415463


9512


7199


212291


591617


669896


Clinton


299835


151908


86883


51897


173622


1916125


1347


21030


8.948


1471263


20H1793


Chickasaw


66688


1010345


12


428


89297


9061898


20024


74104


702069


Carroll


96304


94772


40164


59065


309744


39159


26736


648319


514279


2370


11:44


446900


809019


8


63


16821


800161


16014


Clarke ..


94694


THAUS


550041


804666


Calhoun.


50487


451365


17968


21 7090


89066


8238


107377


26618


7


1580260


12337


867643


25996


55


Davis ..


150388


116000


181597


11040


109631


10656


851120


7064987


10


150


2993


78182


221618


Decatur


115751


80993


77169


55.9


56405


2115569


87172


1000000


95275


8211


62127


817


12239


50484


1763140


19643


10655


845.07


844551


Dubuque


187831


Des Moines


143665


98561


1024541


49240


58165


146244


97616


63-41385


10615


113896


1720


67118


1702991


25115


648122


4720.29


629/5


161357


8688


117310


102924


1690$35


9242


1636112


Delaware


60401


71728


50


56150


2907998


20677


2878921


632118


17:2912


Dickinson


15770


29650


5


Dallas.


132435


11961


5701


25822


3183


44458


1695314


2405


#:282


45554


Emmet


9989


57765


114625


29256


445848


7


186


57652


2484898


9937


535124


1502017


Floyd


147098


25586


8387


9911


1510


2197


14278


1549


8341


15244


Fayette ..


179304


32130


110708


941499


26162


642448


487729


Franklin


98156


49046


139758


863670


15461


186:377


09859


60779


81096


455909


46


968


87091


1296480


2.770


Fremont


115907


65590


100039


16625


24066


TRAORS


704407


1505127


198832


20-9901


841


7984.5


1703985


96.32


71.108


Grundy


14600


18209


Green ..


599- 10


47926


155108


67384


976607


257:60


40175


1482582


5419


179645


1046066


49538


52323


19391


783027


11786


401948


120948


1593977


Guthrie


81259


47220


76892


2


783087


620806


128831


27489


39:3374


44


900


4227


4145


99930


38902


1669134


159906


Hardin


7/2461


Humboldt


29114


92763


36906


27013


58464


497251


10952


336915


Howard.


115923


13046


20902|


41304


13.9961


297381


1066627


9998


Harrison


94818


171048


83,451


61821


96115


807912


10462


72287


10210


£1944


9916


840469


200001


23915%


143701


784400


Hancock


84


Hamilton


63966


341615


1200


44730


1630199


9000


8462


69140


786677


1949


70006


1955


45816


Henry ..


182040


39935


52050


2067


5,499


50249


110831


20676


80405


15026


294682


670781


5108


168262


113403


20441


52762


2415670


Ida ..


~192


9041


62672


13399


858221


1746670


191011


9194


190220


6514


9109


49815


2901


108165


455


14060


Iowa


700211


Jackson


193290


89357


158488


Johnson


241021


142001


48410


43515


560000


86


21257


142401


670247


491


1080


22518


2713890


11756


2006049


7942


53962


1665515


819061


521156


Jasper


199019


29452


1750091


27881


179752


216919


45306


666779


77142


3158178


17760


79926


1107170


100


1274


100217


45254%9


52219%


3447875


15267


532239


2916899


Jones ..


Jefferson


2080%


63 298


16.349


66979


140694


86090


462478


31


19025.34


Keokuk


125590


16237


164904


6192


409


65429


18260


464424


1606416


206125


66739


16:5510


14005


149672


83278


368529


148


55061


75697


89272-2


15582


44612M


447000


15001 40


98999


Kossuth.


81550


1H3532


48799


29635


10798


18189


140


1363


19:9723


Lucas ..


10-952


79692


15400


9781


119444


27837


Lee ....


5149


106.906


59757


139580


10651


72624


153587


200-107


59963


2190806


11817


279069


158 2


819811


18954


81


Lyon ..


12766


8132


47022


2645


1902530


12665


842164


1631518


1090654


Linn ..


281118


62649


175655


76:42


54


10996


151007


52178


686597


160


91778


3499923


3477


52922


23670


18769


583648


80651


2590162


Louisa.


Michell


126984


100066


16267


49642


2184655


6.92


1.5755


1665:39


Mahaska


23239H1


70176


94133


65534


199669


122490


84362


893532


11274


411.61


14078


512662


150368


15V1878


Marion ..


82779


2697


141512


153214


45196


529663


2212


83775


84630


8768.30


.0646


456248


53004


99R3


24.385


189 !


1003G


84146


2195785


2181346


Madison


842961


161998


1808:00


197979


82


25


543


59543


Monroe


102215


87553


628314


434


69194


2959630


25.689


10.0009


Marshall


223735


47552


91.30


1163H


101418


263


2:0103


5544


1700030


69495


21


45675


1788916


241081


Monona ..


52212


56278


114903


112598?


2808256


224844


15331


200


67699


818988


465245


2918278


178945


48832


129099


183811


32375


416471


21577


66475


Muscatine.


..


446666


Montgomery


104633


88026


139;


551539


69


8


629


54760


1715973


4065021


1441467


1:4.906


532


2016851


O'Brien


Osceola.


331626


82070


26434


18490


81406


14651


14904


15:56


166


99/251


10:2127


69981


207689


74757


6379


100052


8107


Polk ..


8,69


191542


2510


17279


1990


26839


2681


Porhahontas


219.39


56%11


35572


140450


87686


563399


21


19219


894


77497


9273010


12188


431841


Potta wattomie


-434


144€90


80774


5989:1


9991


229263


2511


40494


113666


Powesheik


209989


419489


19697


90679


33969


171589


57312


762926


4.5


4.28


175000H


5278


160091


125:2529


Page ..


156582 175471


Plymouth


582991


113194


22659


855792


1220


81748


9371105


11416


20295


2.39143


816507


1205463


Palo Alto


18317


51912


71896


81225


44379


442736


10


175778


4161


120487


16079


160


10097


454123


Ringgold


8606


14267


2979


966:6


18400


58429


233208


325


6611


Scott


233515


19129


508:3


183712


10336


79851


125


1762


85613


1145967


4.6081


762315


890697


40


618


59071


2226946


9118


215007


1115742


Story .


15015


49974


99887


26639|


1783477


52-1968


8041873


1456491


Shelby


53180;


90326


22023


8


20


51273


80821


86:391


83115


22396


817914


17676


6895.16


11278


1083743


8100x ..


2271


251286


82010H


71676


67846


81306


6790


4591


45096


1600H0


Sec


Taylor.


4:301


235515


24179


102961


79442


11036


110004


206818


10


8662


279:16


6599


90222


154 16


1437877


244


Tama ..


211941


92018


8068


48260


14196


8:18


26965%


906-476


Union


5.005


$1216


73:351


2812859


13574


894469


231683


Van Buren


153671


45526


10586


141184


900


21063


1190930


6127


99528


12506


15:748


Wayne ....


1499676


147766


113269


59816


10928


121854


50-11


1823622


1912631


167178


11.689


7175


155737


10373


656:25


24051×7


517396


1861976


42173


76346


143


1236


18242


Warren ..


Wluneshelk


216144


131620


259169


65 1679


61


910


80380


85613651


24907


21510


2304392


Woodbury


112175


1813465


2:165


977816


8214506


Worth


44179


5.097


25309


Washington


49310


4595%


15:15


2:4975


14647


490821


2251:6


Weiter.


9:238


55 53


8215;


13.344


23092


410887


12241


4445


16:5571


61944


70910|


416:161


409979


1439


14198


8.530


78265


28.12211


15:01


Wian .hagy.


17599:


12121


5035 11


391061


5


11


26713


917911


7491


20:453


Wright ..


Wapello.


93516|


142291


270


52427


1327


45:00!


1+219


150209


3926


63491


185173


19629


17368


196166


157595


1617


2818/1


4134


16159


57045


2143721


2:570


293090


14505.9


Totals.


12627850 8410435


9354905. 9690711 42669731


69188


750277


4700176 |186484512 982994 | 29144852 8131536747


Dlgized by Google


r 4


Lewis Bonnett


Dlg zed by Google


Dly zed by Google


History of Lucas County.


-


INTRODUCTION.


A nation grows, and from its central points, its population spreads itself and forms new civic communities. Whatever may be t' e incentives or motives that prompt this movement, and the outcome of man's attempt to turn the wild domain to his advantage, they are themes for the fruitful reflection of interested persons-themes which increase in interest the more they are earnestly and carefully examined. These movements of men, as they develop themselves, create the material for history. But history, as such, cannot reproduce the life of a people in all its various details. It must be content with exhibiting the development of that life as a whole. The thoughts, imaginings, dealings and doings of the individuals, however strongly they may reflect the characteristics of the national mind, form no essential part of history. While it may be correctly said, how- ever, that the life of the individual is intimately bound up in that of the state or nation; it may also be said on the other hand, that the state or nation exists only through the unity of their individual membership, that it is not the counterpart of individual views, but the results of an intelli- gent and harmonious combination of opinions, though which are often conflicting when first advanced. Human thought and action must har- monize when fruitful results are achieved in any civic or other department of state or nation. Change-far-reaching and radical-is written on the face of opposing elements-a change that effects not the individual, nor a class of individuals, merely, but the united whole. Here is where history becomes possible-where it reaches beyond the scope of mere biography, admits of those broader generalizations, which are the very foundation stones of the philosophy of history, and without which there can be no intelligent comprehension of the development and sequence of events, and the results to which they lead.


What is thus true of a state, is equally true of its component parts. Laws are not limited in their application; but are so general in their philo-


1


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322


HISTORY OF LUCAS COUNTY.


sophical deduction, that they warrant broad inferences, and specific enough to apply to the minu tia of the smallest civic division.


While, it is true, the history of a single county-embracing, as it does, but a limited territory and a meager population-may present none of those grander laws in obedience to which nations exist and flourish, and by which their power is felt, nevertheless, those principles which make history possible, are found in every community, and find a harbor in every heart. Then there is the added fact, that the history of the county comes nearer to the individual life and character of its cit- izens, than does that of the state, or of the nation of which the state forms a part.


The spread of population merely, the political progress of a people and the military annals, are a part only of our history, and that part which is most easily discerned. The American of the present day wants to know how his ancestors lived, how they looked, what clothes they wore, on what they fed, what were their daily tasks and conversation, and how life dealt with them. This is the most difficult part of history to reproduce accurately ; but it is, after all, that which gives us the clearest and most vivid insight into the spirit of the past. This important element should never be overlooked, for in no other manner can the intellectual growth of the people, the ame- lioration of manners, the changes in habits and customs, the advance in science and art, the progress of invention, the relation of classes, the in- crease of prosperity, or the want of it, the moral condition of society, and the every-day life of the people, be understood and made to subserve the interests of the present. The events that are recorded, are such as occurred at our very doors, were compassed by men whom we know, and which affect our individual interests for weal or for woe. It is not only while these events are fresh in the memory that one may form accurate estimates of their relative importance, and be impartial and candid in forming his judgments; but he may also, from present circumstances which have an origin in remote times, and which are historical in the largest, fullest, truest sense, freed from myth, or conjecture, or uncertain tradition, read the prom- ise of the future. It is beyond doubt true, that those most closely identified with great or sudden revolutions in opinion or in government, are least competent to decide on their value; they make history; the student of after years decides the correctness of their theories, or the justice of their cause, and decides, too, under circumstances which preclude the bias of partisan feeling. There is that entire originality of work, that subtlety of thought, that carefulness of observation, that catholicity of views, that honest, kind, perhaps keen criticism of events and men, in the work of those who write years after events have transpired, which they who lived at the time, and contributed to them, are unable to exercise.


The history of a county exhibits a much more limited series of facts in


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their proper connections, of which, indeed, each individual one is interest- ing in its proper place-doubly interesting, perhaps, because it marks the progress of thinking, toiling men, in our very presence; men who have lived in the same moral and social atmosphere, struggled for the same ends for which we have struggled, acquired their experience and reputa- tion in the same manner, and exhibited the same loves and hates, the same proclivities and sympathies. This is the purely biographical element of history-that element which opens to us the sources of human activity, and enables us to read how far and in what manner the views of individ- uals became impressed on public life and morals. It enables us to know the kind of men who become leaders, to note the conditions and results of their successes or defeats. This is the part of history directly affecting the individual man, because from it does he select his type of character, of thought and of conduct. The remark of Plutarch is most applicable to the realization of individual hopes and wishes, for it depicts the true con- ditions of success.


He says: " Whenever we begin an enterprise, or take possession of a charge, or experience a calamity, we place before our eyes the example of the greatest men of our own or of by-gone ages, and we ask ourselves how Plato or Epaminondas, Lycurgus or Agesilaus would have acted. Looking into these personages as into a faithful mirror, we can remedy our defects in word or deed. Whenever any perplexity arrives, or any passion disturbs the mind, the student of philosophy pictures to himself some of those who have been celebrated for their virtue, and the recollec- tion sustains his tottering steps and prevents his fall." Such inspiring ex- amples as these are the kind that have given to the world names in every walk of life that will never die.


NAME AND LOCATION.


Lucas county was named in honor of Robert Lucas, the first territo- rial governor of Iowa; who had twice been governor of the state of Ohio. On the 12th of June, 1838; congress passed an act, separating that part of the then territory of Wisconsin lying west of the Mississippi river, and designated it as the "Territory of Iowa;" whereupon President Van Buren appointed Governor Lucas its organic governor; whose term began July 4, 1838; the day the organic act of congress took effect, and the day from which Iowa dates its existence. He held the office for three years -until the close of Van Buren's administration in 1841, when he was succeeded by John Chambers, a whig, appointed by President Harrison.


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After a brief stay at Burlington, then temporarily the seat of govern- ment, Gov. Lucas moved to Iowa City early in 1844, where he had estab- lished his permanent home, in anticipation of the early removal of the capital to that point, which had already been selected by the commissioners, and preparations made for a state building. His official career closed in 1841, at an advanced age, Gov. Lucas was a man of sterling integ- rity, whose public and private life was worthy of emulation. He was a devout christian, whose every day life and charities adorned his profession. He died at his home in Iowa City, at a ripe old age, surrounded by his wife and a family of five children, two sons and three daughters, who still remain on the old farm joining the city on the south, except the widow, one daughter and one son, Robert, junior, who died not long since. A marble monument marks the spot where the remains of Governor Lucas were en- tombed, in the Iowa City cemetery; and which bears upon its face ma- sonic emblems, and the official positions he had filled.




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