USA > Iowa > Lucas County > History of Lucas County, Iowa containing a history of the county, its cities, towns, etc > Part 36
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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
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r 4
Lewis Bonnett
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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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HISTORY OF LUCAS COUNTY.
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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HISTORY OF LUCAS COUNTY.
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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