USA > Iowa > Madison County > History of Madison County, Iowa, and its people, Volume I > Part 7
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July 2nd, 9 o'clock. Board of Commissioners met pursuant to adjournment and passed the following orders, to wit : That the assessment of Madison County be received ; that account of S. Barns sum of $32 be allowed for services as Sheriff ; that account of E. Berger sum of $5.50 be allowed out of town lot fund for services as County Recorder and one dollar of the County revenue for stationery ; that account of James Thornbrugh sum of $17.40 be allowed for services as Commis- sioners' Clerk ; that there be a tax of four mills on the dollar levied for county purposes and 21/2 mills for state purposes and 1/2 mill for school purposes-making in all 7 mills on the dollar; that Henry McKinzie, N. S. Allcock and William Gentry each be allowed $2.50 out of the town lot fund for one day's services as Commissioner ; that William Gentry be allowed $1.25 for services on town quar- ter; that $1.75 be allowed James Thornbrugh for services as Commissioners' Clerk; that H. MeKinzie, N. S. Allcock and William Gentry be allowed $5 each for services as the Board of Commissioners at this term; that license be granted John 11. Dougherty and Stephen T. Barber to keep a grocery in the town of Win- terset for the term of 12 months from this date; that James Thornbrugh be al- lowed $4 for two days' services as Commissioners' Clerk at this term. It was thereupon ordered that Court adjourn sine die. (Commissioners' names all signed by I. D. Guiberson, also clerk's name by same.)
October Term, Madison County, Oct. 7. A. D. 1850. Commissioners' Court met pursuant to law. Present, Henry MeKinzie, Norval S. Allcock and Edmond Wood, Commissioners, and James Thornbrugh, commissioners' clerk, whereupon they proceeded to transact the business of the County pertaining to their office. when it was ordered that the petition of Jesse Young and others asking for a road commencing at the county line of Madison east of Joel M. Clanton's farm, running thence the nearest and best route to Winterset, be granted, and the following
51
HISTORY OF MADISON COUNTY
persons were appointed viewers thereon, to wit: Absolom McKinzie, S. Barns and John Dorrell, and Simmons Rutty, surveyor, all to meet at the house of J. M. Clanton on the ist Nov., 1850, or within 5 days thereafter ; that William Gentry be allowed $7.50 for services by guarding prisoners; that S. Barns be allowed $43.75 for services as Sheriff ; that P. M. Boyles be allowed $7 for services by guarding prisoner ; that E. R. Guiberson be allowed $1.85 as J. P. in case of State against Nunn; that A. McKinzie be allowed 50 cents for services as constable in same case ; that A. D. Jones be allowed $9.75 of the town lot fund for services on town quarter ; that I. D. Guiberson be allowed $13 for services as prosecuting attorney ; that William Wear, jailer of Polk County, be allowed $3.1212 for attend- ing on prisoner from Madison County ; that the sheriff of Polk County be allowed $6.40 for services rendered as sheriff in case of State vs. Nunn ; that A. MeKinzie be allowed $1 for services as bailiff at the last term of District Court ; that Court adjourn until 2 o'clock tomorrow.
October 8th Court met pursuant to adjournment, whereupon it was ordered that E. R. Guiberson be allowed $34 for services as School Fund Commissioner ; that E. R. Guiberson be allowed $7.75 out of the town lot fund for services as town lot agent ; that E. R. Guiberson be authorized to give a contract to the lowest bidder for ceiling and otherwise repairing and finishing the rooms of the Court House, also to furnish stove flues in same, to be completed by the 18th of Nov., 1850, also to purchase a stove for one room of house; that the account for grand jury be allowed; that James Thornbrugh be allowed $8.40 for services as Com- missioners' Clerk; that James Thornbrugh be allowed $3.50 of the lot fund for services as Commissioners' Clerk ; that $23.5712 be allowed James Thornbrugh for services as Commissioners' Clerk ; that H. McKinzie, N. S. Alleock and E. Wood as commissioners and James Thornbrugh as clerk be each allowed $2.50 for services at this term; that H. McKinzie, N. S. Allcock, E. Wood each be allowed $2.50 of the town lot fund and James Thornbrugh $2 of the same each for services rendered at this term; that Court adjourn. ( Names of cach commis- sioner and of the clerk signed by I. D. Guiberson. )
April term, April 14th, 1851. Commissioners' Court met pursuant to law. Present, Henry McKinzie, N. S. Allcock and Edward Wood, Commissioners, and James Thornbrugh, Commissioners' Clerk, whereupon it was ordered that E. R. Guiberson be allowed $8 of the town lot fund for writing deeds : that P. M. Boyles be allowed $t for wood; that James Thornbrugh be allowed $17.30; that Court adjourn.
2 o'clock P. M. Court met pursuant to adjournment. Ordered that James Thornbrugh be allowed $1.30; that James Thornbrugh be allowed $2.25 of the town lot fund.
That the petition of Charles Wright and others calling for a road commencing in the town of Winterset in Madison County, Iowa, to run thence south 80 rods, thence on the most practicable route to or near Bertholf's mill on Middle river, thence on the most practicable route to the south line of the county in the direction of Pisgah, be granted, and that Samuel Peter, J. M. Watson and Silas Barns be appointed viewers and Simmons Rutty surveyor of said road who shall meet at
52
HISTORY OF MADISON COUNTY
Winterset on the 1st Monday of June, A. D. 1851, or within five days thereafter, and proceed to view and survey said road according to law ; that E. R. Guiberson be allowed $40.33 of the town lot fund for repairing Court House and purchasing stove for same : that the accounts of the judges and clerks of election for Superin- tendent be allowed : that Court adjourn until tomorrow morning at 9 o'clock . A. M.
April 15th. 9 o'clock A. M. Commissioners met pursuant to adjournment. Ordered, that AAbsolom MeKinzie as Constable be allowed Si for posting up notices of April election and mileage for the same : that Enos Berger be allowed $1.04 for collecting taxes ; that final settlement be made with Enos Berger, late Treas- urer, whereupon settlement was made and received of him in full for the tax list of 1849: that E. R. Guiberson be allowed $1.50 of the town lot fund for writing town lot deeds : that the account of E. R. Guiberson for $466.80 for money paid to George Hornback entering land for town and money paid Thornbrugh be allowed of the town lot fund; that accounts of N. S. Mlicock, Henry MeKinzie and Edward Wood be allowed each $2.50 of the town lot fund for one day's serv- ices as Commissioners this term ; that Henry MeKinzie, N. S. Alleock and Edward Wood cach be allowed $2.50 for one day's services as Commissioners at this term : that James Thornbrugh be allowed $2 of the town lot fund for services as Commis- sioners' Clerk at this term: that James Thornbrugh be allowed $2 for one day's services as Clerk at this term ; that Court adjourn. ( Signed by each commissioner himself. but not attested by any one as clerk.)
July Term, July 7th. 1851. Commissioners met pursuant to law. Present. Henry MeKinzie. N. S. Alleock and Edward Wood, Commissioners, and I. D. Guiberson, deputy clerk. Ordered, that John Wilhoit be allowed 75 cents for wood ; that Court adjourn.
I o'clock P. M. Court present. Henry MeKinzie, N. S. Alleock and Edward Wood, Commissioners, and I. D. Guiberson, Com'r's Clerk. Ordered, that the report of the county road leading from the county line east of Joel M. Clanton's farm in Madison County, lowa, running thence to Winterset, the County seat of said County, be recorded ; that James Thornbrugh as Commissioners' Clerk be allowed $5-75; that James Thornbrugh be allowed $2.05 for services as Commis- sioners' Clerk out of town lot fund ; that Simmons Rutty be allowed $7.50 as sur- veyor on Clanton road: that George Smith be allowed $2.75 for carrying chain on above road; that Royal Uran be allowed $3.75 for carrying chain on above road ; that J. M. Clanton be allowed $3.75 for marking on said road ; that S. Barns be allowed $4.50 as viewer on said road ; that John Dorrell be allowed $4.50 for services as viewer on said road; that the account of James Thorn- brugh for $232.50 of the town lot fund be allowed; that E. R. Guiberson be allowed of the town lot fund amount $1 32; that Court adjourn.
July 8th, 1851. Court met at 9 o'clock. Present, Henry MeKinzie, N. S. Alleoek and Edward Wood, Commissioners, and I. D. Guiberson, deputy Com- missioners' Clerk. E. R. Guiberson, Commissioners' agent to sell lots in the town of Winterset, lowa, reported the following, to wit :
53
HISTORY OF MADISON COUNTY
A statement of lots sold and funds on hand :
No. of lots sold
157
Amount of sales $2,200.25
Amount of orders redeemed 1,375.13
Amount of notes on hand 478.00
Amount of cash on hand. 347.12
$2.200.25
up to July 8th, 1851.
E. R. Guiberson, T. L. Agent.
Ordered, that the time of payment of notes now in the hands of the T. L. Agent for town lots be prolonged six months from the time said notes are due : provided the makers of said notes will come forward and execute new notes payable six months after date on conditions that the lots for which said notes are given shall forfeit to the county if said notes are not paid on or before the day on which the notes become due, at ten per cent interest ; that the Town Lot Agent be authorized to loan the town lot fund to any person, by taking security, who is a freeholder, at ten per cent interest, provided that the amount loaned to any one person at the same time shall not exceed fifty dollars nor be loaned for a longer time than 12 nor less than 6 months.
Ordered, that the boundaries on South township be changed as follows, to wit : Commencing at the east line of the county on Middle river, to run thence west following the meanderings of said river to the mouth of Porter's Branch, thence south following the meanderings of said Branch to the center of section 15, town- ship 75 of range No. 27, thence direct to the center of section 23 in said town- ship and range, thence east with Jones Creek to the mouth of a branch running between John Dorrell's and Mathew Jones' farms, thence up the said branch to . the divide, thence down a branch running in an easterly direction to Clanton's Creek, thence up said creek to the mouth of the Frely Branch, thence with said Branch to the dividing ridge, thence east direct to the east line of said county ; that Court adjourn.
Ordered, that a new township, to be called "Walnut," be organized in Madison County, lowa, which shall be bounded as follows, to wit: Commencing at the center of the south line of section 15 in township No. 75 of range No. 27 in said county, to run thence in a westerly direction along the dividing ridge to the west line of said county, thence south to the southwest corner of the county, thence east to the southeast corner of said county, thence to the place of beginning. running along the south boundaries of South township : that A. J. Stark, J. W. Guiberson and John C. Johnson be appointed Trustees of said Walnut township and that the place of holding elections be at the house of A. J. Stark.
Ordered, that a new township, to be called "East" township, be organized in Madison County, Iowa, to be bounded as follows, to wit: Commencing at the cast line of said county on Middle river, to run thence west along the meander- ings of said river to the southeast line ( corner) of section 34 in township 76 of range 27, thence directly north to the north line of said County, thence east fol- lowing the north and east lines around said County to the place of beginning :
54
IHISTORY OF MADISON COUNTY
that George W. Mcclellan, John Carroll and Seth Adamson be appointed Trustees for said county ( township ).
Ordered, that there be a new township organized in Madison (to) be called "Madison" and bounded as follows, to wit: Commencing at the southwest corner of section 25 of range No. 28 in township No. 76, to run thence west along the dividing ridge to the west line of said county, thence north along said line to the north line of said county, thence east along the north line of said county to the west line of Union township, thence south along said line to the place of beginning, and George Fry, Irvin Baum and William Combs be appointed Trus- tees, and the place of election be at George Fry's.
Ordered, that the boundaries of Union township be changed as follows, to wit : Commencing at the N. E. Corner of section 34 (27) in township No. 76, of range No. 27, to run thence west, following up the meanderings of Cedar river to the southwest corner of section 25 in township 76, of range 27 (28), thence north to the north line of said county, thence east to the west line of East township, thence south along said line to the place of beginning.
Ordered, that James Thornbrugh be allowed $2.871/2 for services as District Clerk ; that the time of the contract with James Thornbrugh for building and completing a jail in the town of Winterset be changed from the ist of October, 1851, to the ist of January. 1852; that E. R. Guiberson be authorized to receive from time to time the rent due town lot fund from district No. 2 in Center township for the use of one room of the Court House; that A. D. Jones be allowed $50 for his services as School Fund Commissioner for the term of seven months commencing on the 9th day of September, 1850, and ending with the Ist day April. A. D. 1851 ; that Court adjourn.
July 9th. Court met pursuant to adjournment, whereupon it was ordered. that .A. D. Jones be allowed $2 for stationery as School Fund Commissioner : that E. R. Guiberson be allowed $6.50 on the town lot fund for writing deeds ; that the addition to the east part of the town of Winterset be laid out into lots. so as to make two tier of lots running North and South and so as to have two lots lie together east and west, and that the County Surveyor be required to lay off the same by the 25th of July. 1851 ; that there be four mills tax levied on each dollar of all the taxable property of Madison County for county purposes and one-half mill on the dollar for school purposes; that $87 be deducted from the assessment of Aquilla Smith ; that Otho Davis be allowed $8.32 for services as Treasurer : that Henry MeKinzie, N. S. Alleock and Edward Wood each be allowed $5 for services as Commissioners at this term; that James Thornbrugh be allowed $4 for two days services as Commissioners' Clerk at this term ; that Henry MeKinzie, N. S. Alleock and Edward Wood each be allowed $2.50 out of the town lot fund for services as Commissioners at this term ; that James Thorn- brugh be allowed $2 out of the lot fund for one day's services as Commissioners' Clerk be required to advertise the August election to be held in Walnut, East and Madison townships on the Ist Monday of August, 1851, according to the provision of statute ; that Court adjourn. ( Signed by cach Commissioner but not attested. )
Special term Commissioners' Court, July 26th, 1851, Commissioners' Court
55
HISTORY OF MADISON COUNTY
met pursuant to law. Present, Henry McKinzie and Edward Wood, Commis- sioners, and I. D. Guiberson, deputy Commissioners' Clerk, whereupon it was ordered that S. Barns be allowed $30 for assessing.
Ordered, that the outlots to the addition on the east side of the town of Winter- set be appraised as follows, to wit :
Lots
Value
Lots
Value
I
$20
9
$IO
2
15
IO
10
3
35
II
IO
4
50
12
20
5
25
13
35
6
IS
14
40
7
15
15
15
S
12
16
13
Ordered, that the account of hands and surveyor in surveying East addition to the town of Winterset, amounting to $12.50, be allowed of the town lot fund ; that A. D. Jones be allowed $25 for services as School Fund Commissioner ; that Simmons Rutty be allowed $1 of the town lot fund for services surveying; that there be a public sale of outlots to the East addition of the town of Winterset, that the same be advertised to take place on the 9th day of August, A. D. 1851; that A. D. Jones be employed to cry the sale of outlots on the 9th day of August, 1851, and that he be allowed $1 for the same of the town lot fund; that Henry McKinzie and Edward Wood be allowed each $2.50 of the town lot fund for one day's services as Commissioner ; that I. D. Guiberson be allowed $2 for service as Commissioners' Clerk; that the term of sale of the outlots promised at this term be one-third down, one-third in six and twelve months from the date of sale ; that Court adjourn. (Signed by the two commissioners but not attested by the clerk.)
Special term, July 28th, 1851, Commissioners met. Present, Henry Mc- Kinzie, N. S. Allcock and Edward Wood, Commissioners, James Thornbrugh, Commissioners' Clerk. Ordered, that the act of Commissioners passed at the regular July term, 1851, relative to the levy of taxes be and is hereby repealed ; that there be a tax of three mills levied on each dollar value of all the assessed property within the County of Madison for State purposes; that there be a tax of one mill on cach dollar value of all the assessed property in the County of Madison for roads and bridges ; that there be a poll tax of one dollar for the use of roads levied on each individual liable to pay such tax by the provision of statute ; that there be a school tax of one-half mill on cach dollar value levied on all the taxable property of Madison County ; that there be three and a half mills levied on each dollar value of all the assessed taxable property of Madison County for county purposes ; that there be a poll tax of 50 cents, levied on each person liable to pay such tax, for county purposes ; that Henry McKinzie, N. S. Allcock and Edward Wood each be allowed $2.50 for one day's service as Com- missioner; that I. D. Guiberson be allowed $2 for service as Commissioners' Clerk; that Court adjourn. (Signed by each of the three commissioners but not attested by any one as clerk.)
56
HISTORY OF MADISON COUNTY
County Court. Madison County, lowa, Sept. Term. . A. D. 1851.
Be it remembered that on the 2nd day of Sept. A. D. 1851. the Court met pursuant to law. Present, John .A. Pitzer, Judge.
Sept. 2, 1851, ordered that the road plat heretofore filed for the location of a road to be located from the south end of Front street in the town of Winterset. running south to the south line of Madison County, be and the same is hereby. established (and) recorded. There being no further business it is ordered that the Court adjourn until the next term in course.
This Commissioners Court record is the first book of record and therefore the oldest of all the county records.
It is a book of which the pages are o's x 758 inches and the cover 614 x 778 inches. The cover is heavy pasteboard with sheep leather across the back ; the cover a mottled brown shaded with some more dark than light. The book is strongly sewed and is in fine condition of preservation, except that the leather backing of the front cover is torn from end to end, but the cover itself is held on by the middle two cords of binding.
The book contains 72 leaves, including 4 fly leaves unruled. The other leaves are ruled in blue, 13 inch between lines-21 lines to the page with space equal to a line at bottom and nearly 2 line space at top margin. Being ruled for an account book, each page has three vertical lines-the first 178 inch ou left hand side of page from edge of page; the other two vertical lines at right side of page, the first of which is 114 inch and the second 5g from right side-vertical lines a yellow color. The paper is of good quality. The cost price is marked "40c" with a heavy flourish on upper front first fly leaf.
The four writers of the record all used a good quality of ink-P. M. Boyles. James Thornbrugh, I. D. Guiberson and A. D. Jones.
The written contents of the record, including all the signatures of the com- missioners, are nearly as bright as when written. However, the line ruling is quite faded and the paper itself shows its age.
The book has seldom been opened or handled since that September day in 1851, when Judge Pitzer made the last record on the next to the very last page. There is scarcely a blot or "crossed out" word in all the records written by Boyles, Thornbrugh and Jones. Guiberson's portion of the record is not blotted nor other- wise defaced, except there is considerable written in that he "crossed out" with his pen which, with evident omissions of record, mars an otherwise fine record.
CHAPTER VI
COUNTY BUILDINGS
Since its inception Madison County has been called upon to spend large sums of money in providing suitable structures for its offices, records, monies and archives. Also for the safe keeping of criminals and persons accused of crimes and misdemeanors. It is also a matter of fact that Madison County, while pros- perous and the great majority of her people are frugal and industrious, has that element to be found in all communities, that needs the care and sheltering super- vision which come only from the public funds. The poor and indigent are here and have been almost from the start and, it being incumbent upon the county as a Christian bailiwick to provide food, clothes and a habitation for the helplessly poor and needy, that part of the county's obligations has not been slighted. . \ farm and suitable buildings have been bought, and paid for out of the public purse.
THE OLD LOG COURTHOUSE
The first building erected for the use of the county was a log structure, built on a lot now a part of Monumental Park. The first action taken by the board of county commissioners in this relation was on the third day of its October session, which began on the first of the month, in the year 1849, when it was "ordered that there be a court house built in the town of Winterset, Madison County. Iowa : description as follows: Of hewed oak logs 20 x 24 feet square, two stories high, first 9 feet, second 8 feet. Said building to be let out to the lowest bidder on the third Saturday of October A. D., 1849; that the commis- sioners' clerk be employed to write a specification of said house and also to write four advertisements for letting out said building."
At a special term held October 20th following, two of the commissioners present, it was "Ordered that the court house be reversed to a one story house, 18 × 30 feet square."
February 8, 1850, commissioners allowed S. B. and D. J. Casebier ( first indica- tion in the records of who got the contract) $50 as part payment for building courthouse, to be paid out of lot fund.
At a special term held May 3d following, it was "Ordered that the court house be received by the contractors pointing the underpinning and repairing the roof ; that S. B. and D. J. Casebier be allowed $100, balance on court house."
There was no separate item in the elerk's bill, for drawing the specifications and writing the notices preparatory to the letting of the contract, and there appears to have been no other items of cost for the construction of the building
57
58
IHSTORY OF MADISON COUNTY
than already stated-a total of $150. The contractors got all cash down, the town lot fund having been in cash all the time.
To this old temple of justice came judges, lawyers, litigants and the people generally, some to hokl court and others to listen to the proceedings. Within its walls have been heard passionate and eloquent arguments of members of the bar and ministers of the gospel, the latter often holding sway, on an improvised pulpit within its walls of hewed logs, teaching the Word to the settlers and having a large share of the people for their audience. The pedagogue also had a place here, and taught the children "the rudiments," until a schoolhouse was built ; so that, the three professions, the law, education and religion, gained a hearing in this humble courthouse. Many years ago the building was sold and removed to Court and Jackson streets, where another floor was added to the top and with weather boarding covering its rough sides was so changed that its most intimate acquaintance passed it by without signs of recognition. It was used for a barn many years and torn down and removed a few years ago.
FIRST JAMIL
Courthouses and jails move hand in hand with church and school organizations usually in the onward march of the western pioneers. These four institutions. especially in lowa, closely followed the advent of the first settlement of a new community. In Madison County, in the order of their establishment, first came the school, next the church, third the court and lastly the jail. We come now to the building of the first county jail in Madison County, in the year 1851.
The county had been organized over two years. Offenses against the peace and dignity of the state, property and life, had already been committed by citi- zens. Sessions of court had been held. The care and safe keeping of prisoners had been costly to the taxpayers of the infant county. Lack of revenue had pre- vented the earlier building of a gaol of detention. But the sale of lots in the little Town of Winterset, by the county which owned the town site, was pro- viding the means with which to meet its current expenses and also to erect needed county buildings. Thus, at the session of the Commissioners' Court held January 7, 1851, it was "ordered that there be a jail built on lot No. 4. in block No. 18, in the original town of Winterset." to be completed by the first Monday in October, 1851. It was further "ordered that there be a contract made with the lowest bidder on the second Saturday of February. 1851, for the building of the jail house above ordered and payment to be made by installments as follows : One-third when the building is commenced, one-third when half done, and the balance when the work is completed."
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