USA > Iowa > Mills County > History of Mills County, Iowa, containing a history of the county, its cities, towns, etc. > Part 38
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The society so incorporated may, annually or oftener, elect from its members its Trustees, Directors or Managers at such time and place, and in such manner as may be specified in its by-laws, who shall have the control and management of the affairs and funds of the society, a majority of whom shall be a quorum for the transaction of business, and whenever any vacancy shall happen among such Trustees, Directors or Managers, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. When the body corporate consists of the Trustees, Directors or Managers of any benevolent, charitable, literary, scientific, religious or mis- sionary institution, which is or may be established in the State, and which is or may be under the patronage, control, direction or supervision of any synod, con- ference, association or other ecclesiastical body in such State, established agreeably to the laws thereof, such ecclesiastical body may nominate and appoint such Trustees, Directors or Managers, according to usages of the appoint- ing body, and may fill any vacancy which may occur among such Trustees, Directors or Managers; and when any such institution may be under the patronage, control, direction or supervision of two or more of such synods, con- ferences, associations or other ecclesiastical bodies, such bodies may severally nominate and appoint such proportion of such Trustees, Directors or Managers as shall be agreed upon by those bodies immediately concerned. And any vacancy occurring among such appointees last named, shall be filled by the synod, conference, association or body having appointed the last incumbent.
In case any election of Trustees, Directors or Managers shall not be made on the day designated by the by-laws, said society for that cause shall not be dissolved, but such election may take place on any other day directed by such by-laws.
1 Any corporation formed under this chapter shall be capable of taking, hold- ing or receiving property by virtue of any devise or bequest contained in any last will or testament of any person whatsoever ; but no person leaving a wife,
317
ABSTRACT OF IOWA STATE LAWS.
child or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his estate after the payment of his debts, and such device or bequest shall be valid only to the extent of such one-fourth.
Any corporation in this State of an academical character, the memberships of which shall consist of lay members and pastors of churches, delegates to any synod, conference or council holding its annual meetings alternately in this and one or more adjoining States, may hold its annual meetings for the election of officers and the transaction of business in any adjoining State to this, at such place therein as the said synod, conference or council shall hold its annual meet- ings ; and the elections so held and business so transacted shall be as legal and binding as if held and transacted at the place of business of the corporation in this State.
The provisions of this chapter shall not extend or apply to any association or individual who shall, in the certificate filed with the Recorder, use or specify a name or style the same as that of any previously existing incorporated society in the county.
The Trustees, Directors or stockholders of any existing benevolent, char- itable, scientific, missionary or religious corporation, may, by conforming to the requirements of Section 1095 of this chapter, re-incorporate themselves or con- tinue their existing corporate powers, and all the property and effects of such existing corporation shall vest in and belong to the corporation so re-incorporated or continued.
INTOXICATING LIQUORS.
No intoxicating liquors (alcohol, spirituous and vinous liquors), except wine manufactured from grapes, currants or other fruit grown in the State, shall be manufactured or sold, except for mechanical, medicinal, culinary or sacramental purposes ; and even such sale is limited as follows :
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 the date of his last report; to whom sold ; for what purpose and at what price ; also the kind and quantity of liquor's 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.
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 theroof 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.
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 cach 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.
STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.)
No. of
No. of
No. of
Acres
Aeres
Aeres
Spring Wheat.
Winter Wheat.
Indian Corn.
Oats.
Value of
COUNTIES.
of Im-
Unin-
under
Products
proved
proved
Culti-
Land.
vation
No. of
No. of
Land.
Bushels
No. of
No. of
Bushels
No. of
No. of
Bushels!
No. of
No. of
of Farm
Bushels
in
in 1874.
Acres.
Harv't'd
Acres.
Harv't'd
Acres.
Harv't'd
Acres.
Harv't'd
Dollars.
Appanoose ..
161059
134767
161088
125188
9606
156821
109388
61880
77789
937639
1049
10838
64871
24325
2385243
Alamakee.
181
1964
905920
13756
387346
442829
$1611937
Audubon.
21146
23819
15986
6876
89235
10
97
9225
394655
12776
788
33233
1415769
Adams
65459
43735
54352
281376
25474
969777
184153
Adair
83182
Buena Vista
33118
55680
66265
17947
27550
435014
7
70
174
30860
1402428
3951
141293
37034
27010
15514
162737
3500
228231
4455
2791
159739
695318.
828171
Benton
297518
156987
53911
71810
239408
99406
108642
1343666
7888
67069
207828
Boone.
32505
429257
7
280
83244
3328921
15490
445070
2664995
11
46151
1595752
404620
Butler
149498
84
10101
1018453
Bremer
145967
58908
124877
470011
104810
57907
779167
20
700
38685
28754
1270878
1026641
13827
421719
Black Hawk.
213025
150881
181256
48878
644795
14259
518571
1209785
1144620.
Buchanan
Clay.
19056
71418
39919
157240
89361
33375
64291
1108024
812342
56592
1939590
1811250
16804
538196
1898424
37059
48831
17431
556209
2615949
Cherokee
54638
28974
45412
17481
31693
153159
401507
8797
180120
9459
315215
4436
98766
Cass ..
8545
123343
110864
45304
115595
35019
Crawford
58058
283414
92785
15262
40123
21000
676209
321894
40582
17957
1901062
648658
9079
2902
176281
99158
1284899
Cedar
248869
41417
483357
Cerro Gordo ..
52980
166485
40467
28199
640544
26
295
78224
2845921
20243
675837
2606149
Clayton
212291
309895
48648
415463
151908
173622
1305125
1347
21030
9512
265443
86883
37948
1471263
7199
228097
591617
Clinton
299855
96504
57337
94772
68683
1010345
643519
12
428
89297
3061338
20024
74104
514279
23704
669895
40162
16821
11744
702059
2081793
Chickasaw
3
Carroll
58065
309744
340161
63
446300
8049019
39159
894656
3
Clarke.
99694
78808
26756
20
16014
550041
3238
107577
451365
Calhoun
26996
50487
26618
17968
217090
55
39066
1580260
367648
7054987
Davis.
150938
116003
131597
11040
109631
12337
10
5378
30993
5379
150
10656
351120
73182
Decatur
56405
2115569
2993
115751
87172
62127
18643
345707
221613
- 1608090 .
Dubuque
187831
95275
8211
77169
12239
50484
1763140
10555
344551|
98561
634135
817
1024541
Des Moines.
143665
58165
146244
49240
84
1720
67118
1702391
25115
6433221
Delaware
472029
62305
97618
161357
10615
113396
60401
71728
8688
117310
102924
2307938
9242
287392
1636132
1772992
Dickinson
15770
29850
11961
5
50
56150
1690335
20577
632113
37282
Dallas
25822
1693314
132435
9989
57765
5701
3183
44455
2403
45334
Emmet
114625
29256
445848
7
2484898
1502047
25586
186
57652
9937
335124
Floyd .
147098
Fayette.
32130
8387
3911
1510
2197
14273
1549
3241
15244
179504
Franklin
98156
110708
133758
62067
941439
642448
43046
60779
863670
26462
46
.968
37091
1296480
15461
20770
487729
704407
1367377
69859
1503127
Fremont
115907
Grundy
198832
65590
31096
103039
455909
24066
758983
9532
777106
146089
47926
135108
67384
841
73845
828679
13229
206901
976607
16625
40175
1703985
1482582
5419
179645
Green
59940
52323
19391
783037
11786
4227
401948
1046066
49838
257760
1593977
Guthrie
87259
Hardin
47220
76892
27489
393574
2
22
44
783027
1669134
120948
620905
128831
38464
360
38902
4145
153505
792461
Humboldt
39930
97765
29114
497251
36906
27013
12046
20902
41304
10982
Howard.
115823
9998
1379961
171048
297381
356915
61871
307912
3974
90944
1066627
94848
337451
72287
36115
582803
9916
10210
310268
200001
Harrison
23948
734409
Hancock
10462
341615
9005
143701
84
1200
44720
1620192
3462
69140
4889
Hamilton
70006
2067
57899
786677
63966
1353
Henry
182080
39935
50249
52050
110831
20676
294682
180220
113203
20441
62672
670731
2415670
5108
48816
168262
89405
52762
Ida .
7292
15026
9041
13393
358221
1765670
Iowa
191041
9494
6514
3108
48815
2301
108465
455
14060
7482212
Jackson
193290
89357
158488
48410
670247
36
142401
1080
2713830
2005049
241021
71257
142401
$2518
S19071
Johnson
43515
11756
550000
491
193019
100
7942
1665518
1274
53962
77142
3158178
23652
521156
1750091
Jasper
278881
179752
216949
45306
208907
140684
79926
666779
1107170
100217
4525889
17760
522197
2417875
Jones
63298
Jefferson
167389
66979
125590
86090
462478
31
15267
2916838
6192
409
65423
1909534
532239
16237
164904
1695510
18260
1696416
Keokuk
208125
98999
149672
33278
368528
66739
1363
55061
464824
148
75697
3327282
14005
446128
Kossuth
31550
48793
28835
10798
140
119777
15582
5143
447603
1530140
27857
1919728
Lee .
183832
78692
133580
13139
88857
10851
9781
105306
108952
59757
72624
15400
200407
59863
2190306
11817
279069
Lucas ..
1631518
Lyon.
15872
281118
318841
31
12706
13954
153587
8132
76742
329
47022
1902530
3477
342164
10396
12665
1030554
Linn ..
2645
62649
175655
52178
656597
12
54
91773
22670
13789
32651
160
3439923
585648
2590052
Louisa
Mitchell.
151007
126384
52922
70176
100066
1999391
1388
94133
1083811
16267
49642
2184658
6792
175755
1665739
Mahaska
232398
122490
65534
150368
34362
205
11274
411.61
14078
542662
395532
1591878
Marion
Mills
199669
82779
141512
153214
2697
45136
24385
529663
189
2212
83775
$768:09
38350 3
.6646
496248
335746
2195785
53604
9983%
Madison
161998
312961
84630
10937
32
543
59543
1533916
232639
2181346
6528
Monroe
102215
188709
137979
25
2953630
78206
37553
628314
484
69494
9-45
285103
1003509
Marshall
223735
47552
91730
117303
11638
101413
1125382
263
5584
45575
1738916
1,35
241081
1709030
938362
Monona.
52242
200
178945
56278
69895
21
67699
2808256
465245
Muscatine.
48932
39844
129699
15334
43611
2368278
183811
21577
818388
2304
66175
Montgomery
104633
50607
32375
416471
63
629
54760
39251
1715978
18287
405562
447665
O'Brien
33626
32070
86026
26431
1381
551539
8
166
6379
1441467
5322
201635
1747906
1072127
Osceola.
18190
31406
14904
14651
157526
106052
3107
53931
26829
191542
Polk
207689
56841
8769
74757
2510
17279
1890
69581
Pochahontas
21928
35572
140450
37686
21
394
77497
3272040
12188
2140023
Pottawattomie
124630
19219
7434
563389
419489
90679
30774
4318411
33369
8981
Powesheik
208989
48697
171588
588971
63
475
47258
229263
1750038
2541
5278
40194
112666
168081
Page.
175471
115-184
57312
1252629
156:82
22689
762826
86743
3571105
11416
333565
2893022
Plymouth
58233
51912
44379
33628
355792
442786
1220
20235
71386
2239043
9758
316507
1293463
Palo Alto.
Ringgold.
18517
32225
10
18400
58829
16679
8606
23208
160
10097
4161
50873
6641
175778
325
2979
120437
46859
434123
96616
Scott
235515
19123
185742
10926
78851
125
1762
35618
142957
1145937
9118
255007
1115782
Story
148649
43874
99387
47698
762315
40
618
59071
2226346
15915
Shelby
53180
39326
47230
26658
8
22029
330897
317944
20
51273
1783477
11273
528868
343265
3041873
1033743
Sioux.
39824
367894
33515
17674
2254
22996
689556
82038
4591
71676
578026
Sac ..
31336
47201
251286
6780
45096
166980
Taylor.
102861
24179
11056
110094
10
8662
279716
8035
6599
238880
Tama
255182
235515
79442
214941
15446
206813
244
3068
48260
73251
1419680
2842859
8718
269657
908476
Union
57005
90222
33216
97013
1487807
Van Buren
153674
99528
45826
10386
141188
53
960
24063
1130930
13574
384469
2316405
6127
187748
624260
Wayne ...
147766
66795
113263
117689
7455
58808
10928
10375
121854
1236
50211
1823622
12596
353698
1439586
Warren.
194265
76346
1361876
Winnesheik
246140
167178
131670
158737
259-169
42175
143
61
910
65625
80280
2405187
13242
367396
112175
654679
3561865
8391
977316
281510
2208392
Woodbury
44179
57097
8216508
2265252
Worth.
48927
33097
15243
1813465
27185
24307
218875
14647
490371
3072
4445
91647
298209
Washington
45957
23092
410487
396506
55652
3530
Webster.
225176
32157
97238
61744
157884
122291
70910
41646
30554
469879
1439
14193
78265
28713
2832241
917911
15701
161557
453320
2035264
Winnebago
17589
733342
Wright.
30625
12421
391051
5
8939
162281
11
270
7491
207493
35516
32387
28957
1374
52425
45109
Wapello
13629
281821
1327
140219
4134
185176
288685
150209
63491
135173
17368
196166
10089
157535
1617
16159
57035
2143791
11570
293590
1455319
Totals
12627850 8410435|
93549051 3690711 42669731
69188
759277
4700176 1136284542
982994
29144352 $131536747
Respectfully
THE NEW YORK PUBLIC LIBRARY
ASTOR, LENOX AND TILDEN FOUNDATIONS.
History of Mills County.
INTRODUCTION.
How a nation grows; how from central points its population spreads itself and forms new political communities; what may be the incentives that prompt to removal, and the outcome of all attempts to turn to man's advantage the wilderness; all present to the interested person, fruitful themes for reflection. They, too, present the peculiarity of becoming ever more interesting, the more they are studied; and the longer they are critically viewed the more replete with suggestion are they found to be.
History, as such, cannot reproduce the life of a people in all the infinite variety of its details; it must be content with exhibiting the development of that life as a whole. The doings and dealings, the thoughts and imaginings of the individual, however strongly they may reflect the char- acteristics of the national mind, form no part of history. While it may be argued, and correctly, that the life of the individual is intimately bound up in that of the state or nation, and that the former must frequently be noticed in describing the latter, it may be argued, on the other hand, that the nation exists only through the unity of its individual members, and that it is not the exact counterpart of individual views, but the results of a harmonious and intelligent combination of opinions-often originally directly at variance with each other. No department of human action or thought could long remain unaffected when opposing interests clash. Change-certain far-reaching, radical-is written plainly on the face of opposition-a change that affects not the individual, or a class of indi- viduals, but the united whole. It is this feature that renders history pos- sible-that places it far beyond the scope of mere biography, that admits of those broad, deep, generalizations which men call laws, and 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 true of the state is equally true of its separate parts. There are no true laws that are of limited application. To be truly philosophi-
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322
HISTORY OF MILLS COUNTY.
1
cal deductions they should be general enough to warrant broad inferences and specific enough to apply to the minutiae of the smallest political sub- 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 flour- ish, 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 citizens 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 woe or for weal. 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.
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