USA > Iowa > Lucas County > History of Lucas County, Iowa containing a history of the county, its cities, towns, etc > Part 46
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by the board of commissioners, that twenty dollars out of the town fund be donated for purchasing books for county officers; also five dollars to procure a desk for the county." At the next following session it was ordered "that Harrison Sellers be paid one dollar for bringing a desk from Brobst's mill, out of the twenty-five dollars that was borrowed out of the town lot fund." This was probably the desk for which the five dol- lars was donated by the commissioners for the use of the county. It was hauled by Mr. Sellers from the " grist mill" thirty miles away, for one dollar. The records of the clerk of the board of commissioners and of the recorder and treasurer's offices had been kept on scraps of paper and memoranda books for about a year, which were in a confused and incomplete condition, and the board of commissioners having donated twenty dollars for books, it was ordered at the session of October, 1850, "that William C. Drake transcribe all the papers in the office of recorder, and commis- sioners' clerk, by giving James Jenkins the privilege of transcribing papers in his office." After the court house had been made ready for occupancy, an upper floor room was assigned to Mr. Drake, as the clerk's office, and here follows the singular manner in which this is done: " Ordered, by the board, that William C. Drake is to have the east room up stairs of the court house, and is to make use of the same in any way he may see fit; is to return said house as good as when he got said room; but is not accountable for any accident that may occur."
In these early days, anything stronger than cold water was as difficult to get as was wheat flour; it had to be wagoned from beyond the Missis- sippi; which, when thus obtained, would become a luxury beyond the reach of the average pioneer to use, except on rare occasions. There- fore, it was found necessary to obtain the natural God-given beverage in its purest state; hence, at the January, 1851, session of the board of com- missioners, the following action was taken:
Ordered, That there be dug in the town of Chariton, in some place to be picked out by the county commissioners, a public well; and said commissioners do agree to donate fifteen dollars for the purpose of the construction of said well, said well to be dug and walled in good workmanlike manner.
Commissioner Wilson was appointed to see that the proposed well was completed according to order. At the following April session of the board J. M. B. Miller, town lot agent, was awarded tho contract to dig the town well. At the following July session the time for digging the well was " prolonged until August, by agreement of the board and Samuel Lari- mer, the undertaker of said well."
It can't really be said that Lucas county, in its young days, when strug- gling into position and prominence along side with her older sister organi- zations, was a "repudiationist," nor a "readjuster " even, of the obliga- tions which her agents had incurred, though not within the expressed let-
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ter of authority. However, it looks somewhat like the former, as shown by the following action of the board at its session of January 7, 1851:
" Ordered, That the bill of J. B. Howell be, and is rejected, inasmuch as W. S. Townsend is or was not authorized to employ said Howell to make any publi- cation in respect to the sale of town lots in the town of Chariton, Lucas county."
It will be remembered that Mr. Townsend was the authorized agent to sell town lots, and as there may have been no newspapers, whose circula- tion would benefit the public sale of town lots, which was ordered for November 5, 1849, as much as that of Mr. Howell's at Keokuk, the agent seems hardly to have transcended his trust. However, this action does not seem to have established a precedent for future action.
Among the first questions which elicited the attention of the board of county commissioners at their first meeting after their election, August 10, 1849, was that of finances-the wherewith to pay the obligations which the organization of the county would involve. Hence, the first official act of the board, after its organization, was the following:
Ordered, That William H. Moore [the clerk] procure the assessment roll of Lucas county from the commissioners' clerk of Monroe county.
Upon this the board adjusted the first assessment of Lucas county, fix- ing the levy at "four mills on the dollar for county purposes, and one mill for school purposes. At the first session of the board in January, 1850, Samuel Mckinley, the first county treasurer and collector, returned the first delinquent tax list of 1849, "which was accepted by the board." Aside from the "town lot fund," which constituted the first financial resource, the county now availed itself of the additional one of "county orders," as shown by the following order of the board: "that eighteen dollars and ninety-five cents, received from Samuel Mckinley, county treasurer, in county orders, be cancelled, to-wit: No. 11, 9, 23, 24, 13, 5, 15, 10, 14." In addition to the above return of the treasurer, he reported at a subsequent session the amount of revenue on hand, "so far as he had been able to collect," thus: "In orders, eleven dollars. One dollar and forty cents was the commission allowed for collecting. Postage twenty cents; due two dollars."
The second tax levy of Lucas county was made upon the assessment of Beverly Searcy, taken early in 1850, and returned to the board of commissioners at its session of July 1 of that year. This was the first assessment made by the first assessor elected in Lucas county. The levy thereon was made at the following October session, at the rate of four mills on the dollar; two mills of which were for state purposes, one-half mill for school purposes, and the balance one and one-half mills for county purposes. The tax list under this levy was ordered made out, and Henry Allen was employed for the task, for which he was allowed ten dollars.
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At the January session, 1851, of the board of commissioners, James Jenk- ins, then the county treasurer, made his return or report to it, of the tax collections he had made for 1850, which were as follows: Of the state tax collected $82.374; of the school tax, $16.96; and of the county tax, $144.94; leaving $219.12 remaining uncollected. After cancelling county orders to the amount of $103.76, there was a cash balance left in the county treasury of $140.51. The treasurer received a commission of $9.75 for collecting the above amount.
The assessment of Lucas county for 1851, was made by David D. Way- nick, and at the July session of the board of commissioners, a tax levy of six and one-half mills was made thereon, apportioning three mills thereof for county purposes, one and one half mills for school purposes, and two mills for state purposes. The tax list being prepared was soon after placed in the county treasurer's hands for collection.
Thus we have give a somewhat detailed narration of the revenue machinery of the county during its management by the board of com- missioners, so far as the disjointed and imperfect record presented facts. The taxes assessed under the board of commissioners for 1851, were col- lected under the administration of the new county judge system of county management.
At the session of the board of commissioners of January, 1851, J. M. B. Miller augmented the county's resources to the extent of $322 in " town lot orders."
The first road petitioned for, to the board of county commissioners, was by Henry Allen, at the session of April, 1850. Its proposed course was from Chariton to the southwest corner of Lucas county. However, there appears no record that the prayer of the petitioner was granted during the lifetime of the commissioner system of county government.
At the following July session of the board, it was ordered that the clerk make the first report of county affairs to the auditor of state, as required by law.
Thus Lucas county was practically organized under the commissioner system of county government. We have drawn somewhat fully from the commissioner's record for facts, not obtainable elsewhere, illustrative of the manner in which the civic machinery was placed in operation. The last meeting of the board of commissioners was held on Wednesday, July 9, 1851, which was composed of Jacob Phillips, James Roland and Thomas Wilson. This was followed by the first term of the new county court which was held at the log court house, by Jonas Wescott, the first judge thereof, on Monday, September 1, 1851.
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EARLY COURTS AND JUDGES.
Next following the organization of a county, courts of justice are an essential element in the administration of its civic affairs. From the earliest periods of all civilizations, they have been the arbiter of human conflicts and human differences, the tribunal which guards public and private rights, and redresses public and private wrongs. Through them the rules and laws made for the regulation of human society, are shielded from violation, and the social compacts of communities, states and nations, are thus guarded and protected in their grand achievements of civilization. The several courts heretofore, and now existing in Iowa, differ in grade and jur- isdiction mainly.
PROBATE COURT.
This is the first court in Lucas county of which there is any record. It was established in territorial days, and continued under the state laws until July 1, 1851, when it was abolished. As elsewhere noted, its first and only record is made of a quire of foolscap paper sewed together, and the first probate proceedings in the county are recorded therein as follows:
State of Iowa, Lucas county } ss.
Probate court, October 7, 1850.
This is to certify that I have this seventh day of October, A. D. 1850, ap- pointed Joe Lowder of the county and state aforesaid, administrator on the es- tate of Nelson Lowder, late deceased of the county of Lucas and state of Iowa; to collect and make return to me according to law, of all the goods and effects whatsoever of the said Nelson Lowder. Done this seventh day of October, A. D. 1850.
ALLEN EDWARDS, Judge of Probate.
Following this order of appointment, appears the administrator's bond, as originally written and signed by himself and sureties on the record as follows:
Know all men by these presents:
That we, Joel Lowder, Henry Allen, and James Jinkins and James Robinson are held to and firmly bound unto Allen Edwards, Esq., Judge of Probate of Lucas county, and State of Iowa, or his Successors in office in the penal sum of two hundred Dollars lawful money, to be Paid by us signed and seeled by us this day of October A D 1850.
Now the Condition of the above obligation is such that whereas the said Joel Lower has this 7 Day of october 1850 been duly Appointed administrator of the 7
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Estate of Nelson Lowder late of the county of Lucas and state of Iowa now if said Joel Lowder shall well truly comply with the law in such cases made and provided Make return unto the Probate court within three months A true inven- tory of all the real Estate and all the goods and chattels rights and credits of the Deceased and the proceeds of his real estate that may be sold for the pay- ment of his debts which shall at any time come to the possession of the said Joel Lowder or any person for him and render upon oath A true Account of his Ad- ministrator with one year And at any other times when required by The Judge of Probate To pay any Balance remaining in his hands upon the Settlement of his accounts to such persons as the Probate Judge shall direct to deliver the let- ters of Administrators in to the Probate court in case any will of the deceased shall Be hereafter duly Proved and allowed then this obligation to be void other- wise to remain in full force.
JOEL LOWDER [SKAL]
HENRY ALLEN [SKAL]
JAMES JINKINS [SEAL]
JAMES G. ROBINSON [SKAL]
There appears no further record of the court, nor of the doings of the administrator in this case, until 1853, when the following appears in the same record:
State of Iowa, Lucas County, } ss.
COUNTY COURT, SITTING AS A COURT OF PROBATE, March 11, 1853.
Now comes Joel Lowder administrator of the estate of Nelson Lowder deceased and after being duly sworn upon his oath says this upon the examination of the condition of the estate of Nelson Lowder Deceased as administrator he finds one land warrant for 160 of land to all the effects of the said Deceased and that the estate is finally settled and there is no other claims or demands against said said estate.
JOEL LOWDER, Administrator.
Sworn to and subscribed before me this 17th day of March 1853.
JONAS WESCOTT, County Judge.
So far as the probate records show, that of Nelson Lowder was the first death in Lucas county; and as his worldly effects were the first administered upon by the probate court, the closing proceeding in the case was also the first probate act of record of the county court.
The next probate proceeding was an order similar to the one already copied, dated January 6, 1851, appointing Jacob Phillips "administrator on the estate of Daniel Phillips, late deceased, of the county of Lucas." Following which his bond of the same date is written and signed on the pages of the record by Jacob Phillips, and sureties, Andrew McClung, William C. Drake, A. J. Melvern. In this, Judge Edwards appointed, February 18, following, Wm. C. Drake, Andrew McClung and Henry Allen appraisers of the estate of the deceased; and on the 19th, the next
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day, they made an inventory and return of their doings in the premises, as follows: Ne { of se { sec 21, tp 73, range 21 west-40 acres entered; an 80 acre claim on which house is built; 160 acre claim se { sec 13, tp 72, range 22 west; 7 head of steers, 2 chairs, 1 table, cooking utensils, 1 cow and calf, table ware, crocks, buckets, tubs, 8 sheep, 8 hogs, 1 plow, 1 loom, axes, hoes, 1 auger, 1 wagon, } of breaking plow, 1 drawing knife, cooper's adze, 1 log chain, 2 yokes, 14 bushels of corn, 1 hide, 1 lot turnips, 2 beds and clothing, 1 lot cabbage, 2 bed steads, 1 side sole- leather, 1 iron wedge, 1 lot of old iron, a lot of meat from A. J. Malvin for dollars 12.50, 2 weaving slays, 1 debt of Miles Van Meter three dol- lars and ten cents, 1 trowel, 1 lot of wool, 1 coon skin, 1 bee stand, pump- kins, a lot of rails.
The foregoing were the assets of this deceased pioneer. These were offered at public sale, and of which Jacob Wyant purchased one yoke of cattle for $43; Loyd Jinkins a log chain, 15 cents; Daniel Chase the coon skin, 15 cents; Jacob Phillips a plow, $8; Miles Van Meter one yoke, $1; Jacob Phillips one hide, $1; David Waynick iron wedge, 40 cents; Sam- uel Larimer trowel, 35 cents; John McGuire old iron, $1; William Ste- phens prairie claim $50; John McGuire one wagon, $15-a total of $120.27}. The liabilities of the estate were to D. Swartz, $9; W. W. Waynick, $15; note in favor of F. P. Hall, $35; Helmes, $2.373-mak- ing a total of $61.374, which, deducted from the assets thus sold, left a balance of $58.90, in favor of the estate.
The above public sale is said to be the first one held in the county, and the assets of the estate gives a fair idea of the wealth of the pioneer settlers.
Following the two probate proceedings already given, there also ap- pear those of Miss Catherine Phillips, by which J. M. B. Miller was, February 3, 1851, appointed administrator of Judge Edwards, and exe- cuted his bond in the manner the others had done, of the same date of the appointment, with W. W. Waynick and Wm. C. Drake as sureties. Her estate was also appraised by Wm. C. Drake, Andrew McClung and Henry Allen, on the same day, February 19, 1851, as that of Daniel Phillips, and which shows a considerable larger inventory than that of the latter. Whether she was Daniel Phillips' wife does not appear. Death appears to have marked the Phillps's as his first victims among the early settlers, as the next probate proceeding administers upon the estate of Eli Phillips, as shown by the order of the probate court of March 3, 1851, appointing Peter Phillips administrator thereof. Wyatt W. Way- nick and J. M. B. Miller were his bondsmen; and on the 5th of March the court appointed David Waynick, Daniel Chase and Reason Swartz appraiser of said estate; and on the 5th day May following the return of the inventory showed the deceased to have been posessed of a public
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land claim of 320 acres, and forty acres of land to which he held title by deed. Also " 3} yds of satinet, 1 skillett, 1 kow, } of a breaking plow, 1 pair of saddle-bags, a rifle gun, 2 coon skins, 1 watch, 1 knife, 1 jug, 1 saddle, 1 plow, 2 axes, 1 iron wedge, { of ox yoke, } of ox wagon, and 3 work steers, cash on hand 20 cts., claim against Beverly Searcy, $1.50." The liabilities of the estate were: Thomas Wilson $10, W. W. Waynick $13.00, Reason Swartz $7.00, N. J. Wescott $2.00 John McGuire $1.00, and Peter Phillips $15.00-total $48.00. Following this exhibit, the court "licensed " the administrator to sell "any or all the .real estate of said deceased." Whether this " license " was ever carred into effect does not appear.
It has been observed, that Andrew McClung, one of the early settlers and quite conspicuous among the earliest, in public matters, had served as an appraiser of the estates of two of the preceding decedents-old friends and early settlers with him. Now, his estate, through his decease in May, 1851, appears next upon this rescued record from the "abandoned archives " of the garret, and closes the record and existence of the "pro- bate court. " At the last term, June 2, 1851, the court appointed Henry Allen " administrator of the estate of Andrew McClung, late deceased, of the county of Lucas." His bond was executed the same day of the same form of the one elsewhere copied, in the penal sum of five hundred dollars, and was signed by William McDermitt and Peter Phillips as sur- eties. On the 4th day of June following, Jacob Burley, James Mitchell and John Powers were appointed by the court, appraisers of the estate. The following is the oath administered to them: "The above appraisers being duly sworn and subscribed to Before me Henry Allen Note Repub- lic have this the 4 of June A. D. 1851, returned the following doings in the case:"
The inventory of the estate shows " one claim of prairie improved with a cabin, 20 Acres breaking, 120 acres timber belonging to the same, 120 acres timber extra on gravel hollow." Among other effects were a pair of wool cards, three bunches "toe," one spinning wheel, 1 loom, 8 hogs in the woods part wild, 1 book, besides other stock, farming implements, and household effects. Among those who owed the estate claims were Miles Van Meter $8.00, Allen and Chase $6.50, A. J. Melvern, pork, 2.40, J. C. Watson cash 5.124, William McDermit note for 15 bushels of corn, county of Lucas for services as school fund commissioner, J. C. Watson, cash-school money, $16. The estate was indebted to Reason Swartz for coffin 7.00, Dr. S. M. Timmonds, Thomas Wilson store bill, Dr. W. W. Waynick 16.75, Beverly Searcy 5.78, deficiency in school money $19.94. Enough of the assets were sold at public sale, June 21, 1851, to more than pay the liabilities.
At the May term, 1851, of the probate court, Samuel W. Walthall
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was appointed guardian of Caroline Casterline, the minor child of the late Catherine Phillips, late of Lucas county, deceased.
COUNTY COURT.
This court was established by the Code of 1851, and went into exist- ence July 1, of that year. It combined the functions of the probate court, and the board of county commissioners, which had existed from the or- ganization of the territory and state. The first proceedings which appear upon the records of the probate side of the county court were had at the December term 1853, as follows:
ESTATE OF THOMAS WILSON.
State of Iowa, Lucas county } ss
Now comes Elizabeth Wilson by her attorney, O. S. Palmer, Esq., and files her petition praying dower in all the real estate of which her husband, Thomas Wilson deceased, late of said county, died seized; and asks the court to appoint referees to allot the same.
JONAS WESCOTT, County Judge.
At the succeeding January, 1854, term, a hearing was had upon the foregoing application for dower, and it was decreed that the " said peti- tioner have dower in all the real estate in which her said husband died seized." Whereupon E. A. Temple, John Brimer, and R. Wescott were appointed referees to appraise the estate and set apart the dower interest therein.
At the following February term of the court the referees reported that the widow's dower could not be set off from the estate without impairing it; whereupon the court ordered that it be sold at public sale after giving four weeks notice of the time, terms, and place of sale in the Eddyville Free Press; and William C. Drake was thereupon appointed a joint administrator with the widow of the deceased, for the purpose of selling the estate.
The following is the first record concerning the "Swamp lands" of the county, which in many counties of the state have been a source of per- sonal speculation and irregularity :
OFFICE OF COUNTY JUDGE, MARCH 7, 1853.
Ordered, By the county court, that Wartman Trippet be appointed surveyor to select and return the swamp lands in Lucas county, according to the act of the general assembly, approved February 2, 1853.
JONAS WESCOTT, County Judge.
At the following September term of the county court, Mr. Trippet made a report accompanied with the plats of the swamp lands he had thus
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selected, which was then confirmed and ordered to be placed upon record. For this service Mr. Trippet was allowed $56 by James Hall, prosecuting attorney and "acting county judge."
July 5, 1854.
Among the " curiosities" of these early records is the following election return, which is given without alteration in orthography or punctua- tion:
Note of the ellection and qulification of officers in Lucas county find on page 2 of the docket.
(PAGE 2).
County court on the first Monday in April, 1857.
Milton Douglas Was elected To the office of Judge In and for Said County of Lucas and has given Bond taken the Oath of office as the law Proscribes His Of- fice to expire on the first Monday in august 1857.
MILTON DOUGLASS. County Judge.
Similar entries were made of the "election and Qualification " of Philip Wilson, as county assessor, and W. T. Wayd, as county surveyor; each being signed by " Milton Douglas, county judge," as in his own case. Also, this early day county judge returns sixteen justices of the peace, as elected in the county, without naming the townships in which each was chosen, thus:
"On this first Day of april, A. D., 1857, The Following officers Ware Elected to the Offices of Justice of the peas in the Different Townships threwout the Said county, to-Wit:"
The following persons were also returned as clerks of their respective townships: Pleasant township, David Crawleg; English, Isaac C. Cain; Jackson, L. Thomas; Union, J. B. Holmes; Liberty, P. Compton; Char- iton, John S. Sheller; Warren, S. D. Waynick: Cedar, Charles E. Allen; Benton, S. D. Huston; Whiteside, W. C. Mock.
The following named persons filled the office of county judge during the period of its existence: Jonas Wescott, from its organization until April, 1854; Thomas C. Best, from April, 1855, until Sept., 1856; Milton Douglass served from Sept., 1856, until Sept., 1857, when Ethan Guard succeeded him, and served until January, 1860, when John P. Newman became his successor and served until October of that year; from this period N. B. Gardner performed the duties of the office, ex-officio, as clerk of the district court, under a law then in force; November 19, 1860, Robert McCormick appears of record, and served until the close of 1862; January, 1863, Ashbury Collins assumed the duties of the office, under his election of the prior October, and served for three years until the close of 1865; at the October eclection prior, Dr. Robert McCormick was
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again chosen and held the office from January, 1866, until the first Mon- day in January, 1871, when it was finally abolished by the creation of the " county board of supervisors," the probate part of the office having been transferred to the circuit court, January, 1859, prior, under the law creating the latter court.
These record facts from which we have drawn somewhat freely, illus- trate not only the sturdy, hard-fisted men, who opened the way for the material and social development which the county enjoys to-day; but also the limited resources-mental and pecuniary-with which they accomplished their work.
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