USA > Iowa > O'Brien County > History of O'Brien County, Iowa, from its organization to the present time > Part 15
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SQUATTER LAND.
There were 17,000 acres of land in O'Brien county, which since 1884, have caused much contention and excessive litiga- tion. These lands are located in Floyd, Carroll, Dale, Baker, Highland and Center townships. They were set apart by Congress in 1864, in order to encourage, and aid the building of railroads, one from McGregor, Iowa, on west, and the
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HISTORY OF O'BRIEN COUNTY, IOWA.
other from the Minnesota state line to Sioux City, the two roads to form a junction in O'Brien county. The road first building through, was the Sioux City and St. Paul road, which is now the Chicago, St. Paul, Minneapolis and Omaha,. and when this road reached LeMars, it made a contract with the Illinois Central, to use its track to Sioux City, and has not yet built a track of its own to Sioux City. After this building of the Sioux City and St. Paul road to LeMars, they made proof at the land office at Sioux City, for the purpose of obtaining title, at which the contention commenced as to their right to all of these lands, and finally the matter got into the civil courts, and at last between the two companies it was submitted to arbitration, the decision in which was an equal division of the lands. This decision, not being satisfactory to the Sioux City and St. Paul Co. the matter was further litigated, until a final decision was reached, which divided the lands between the two companies. There would not have been any trouble between the two companies, had it not been for the junction, as each road was granted every alternate section on each side, and by certain conditions, twenty miles on each, but made no provision for the twenty miles square at the junction point, so that these lands were designated as overlapping lands, and were claimed by both companies. The Sioux City and St. Paul R. R., was not built across O'Brien county until 1872, eight years after the passage of the act, and the Milwaukee did not build across the county, until 1878, fourteen years after the land grant act. During this time of litigation between the two companies, there was con- siderable murmuring, and a feeling of discontent on the part of the people of O'Brien county, that the lands were withheld from the market, a feeling that the lands should be sold, and settled upon, and during the discussion it began to be pro- claimed, that the Sioux City and St. Paul ;R. R. had not earned its lands, and that this company's share of the land was open to settlement. The talk culminated in settlement and occupation, and a squatter war was soon inaugurated.
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HISTORY OF O'BRIEN COUNTY, IOWA.
Many parties had purchased lands, and for awhile the contro- versy was active and bitter. Cases of forcible entry and detainer were brought, and justice courts kept busy hearing and deciding. Cases were appealed, and other actions of ejectment were brought in the district court. There was no contest over that part of the lands claimed by the Milwaukee company, as the question arose solely, over the question, that the Sioux City and St. Paul company had not earned the lands. We think that the first one to boldly make settlement, and do the first act to antagonize the Sioux City and St. Paul com- pany by occupation, was Dr. H. M. Hamblin, who went to work breaking, and erecting a house on a piece of this dis- puted land near Prim- ghar.
He boldly main- tained his right to it, claimed that the com- pany had not earned it, and that he had as much right to it as did any settler upon government land in the county, fifteen years before. He made this move in February, 1884, and it was but the signal RESIDENCE OF M. E. COLBY, HARTLEY. for many others, for nearly three hundred of them followed suit, and soon the prairie was alive with active operations in taking this land, and building upon it.
These settlements continued, the squatters formed an Asso- ciation, employed lawyers, and were ready to fight, and did fight at every stage of the proceedings. The contest was
17
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HISTORY OF O'BRIEN COUNTY, IOWA.
finally brought squarely at issue between the squatters and the St. Paul and Sioux City Railroad Co. The case at last reached the docket of the United States Supreme Court, a court of the last resort.
This court decided in favor of the squatters, or rather de- cided, that the Sioux City and St. Paul Railroad Co, had not earned these lands, and hence, so far as the company and the squatters were concerned, the company had no right to the land. The United States land department, then took charge of the lands, and prescribed the method of making final proof before the land office at Des Moines, and then another battle was precipitated. The purchasers from the Sioux City and St. Paul Co., some by deed and others by contract, claimed that by virtue of a law of congress, they could hold as inno- cent purchasers, and while the company could not hold them under the decision, its grantees who were innocent purchasers, could. These cases, between the purchasers and the squat- ters, have been tried in the land office at Des Moines, and the register and receiver of that office, seem to hold, that one who bought from the company, where there was a squatter in possession, and occupancy at the time of the purchase, was not an innocent purchaser, and on this branch of the case, he held with the squatters. The cases have been appealed to the land commissioner at Washington, and at this writing have not been decided. After they are decided by the com- missioner, they are subject to further appeal to the secretary of the interior, and even after his decision, liable to go again into the civil courts. The Squatters' Union, has certainly done valient battle, somewhat expensive it is true, but still, if successful at last, the value of the land is such, that the out- come will be profitable. The purchasers from the company, have also fought at every turn with able counsel, and at the price they are to pay, if successful, their investment will turn out to be one of profit. At first some of the active partici- pants in the behalf af the Squatters' Union were H. M. Ham- blin, John Harkins, L. G. Gates, R. P. Jones and W. R.
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HISTORY OF O'BRIEN COUNTY, IOWA.
Powers. The suit as between the two companies was de- cided in May, 1886, and in September of that year, the Gov- ernor of Iowa caused to be patented to the Chicago, Milwau- kee and St. Paul Railroad Co., thirty-eight thousand acres of these lands, which settled that much of it. The company previous to that time, had contracted its land to the Close Bros., a real estate firm, had also sold to the Western Land Co. After this patent was issued for these Milwaukee Com- pany lands, the Western Land Company brought over one hundred actions against the squatters, to recover posssession, but the squatters fought back, and brought action to secure right to their improvements.
After the suit was determined between the two companies, the Western Land Company gave the squatters a preference right of thirty days to purchase the lands, most of whom did, and the lands are held by thrifty farmers without conten- tion. The suit in the United States Supreme Court, which finally set- tled the question between the Sioux City and St. Paul R. R. was institut- ed by act of Con- gress, in order that the question might be settled, as to whether the Sioux City and St. Paul R. R. was entitled to the lands, or not. RESIDENCE OF J. M. YEOMANS, HARTLEY. Questions were raised also upon the line of proceeding, as to whether these lands were taxable. The people of the county contended, that these lands should have been taxed from 1873 and 1878 respectively from the building of the two roads. There
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HISTORY OF O'BRIEN COUNTY, IOWA.
was however some understanding, and we think a contract by way of compromise between the companies and the board of supervisors, whereby the companies agreed to pay the taxes, in 1884, and for succeeding years, and the board were to cancel the claim for taxes prior to that year, which was done. The following is substantially the record entries relating to these lands. An act of Congress entitled: An act for a grant of claims to the state of Iowa in alternate sections, to aid in the construction of a railroad in said state. Approved May 12, 1864.
An act of the general assembly of the state of Iowa, ap- proved April 20, 1866, entitled: An act to accept the grant of land to the state of Iowa in alternate sections, to aid in the construction of a railroad in said state.
An act of the general assembly of the state of Iowa, ap- proved February 27, 1868, entitled, an act to resume all the lands and rights conferred upon the McGregor Western Rail- road company, by or under an act of congress, approved May 12, 1864.
An act of the general assembly of the state of Iowa, ap- proved March 31, 1868, entitled, "an act making a grant of land to the McGregor and Sioux City Railroad company, or in case of their failure to accept the same, to the forty-third parallel, and to execute the trust conferred by act of con- gress entitled; an act for a grant of land to the state of Iowa, in alternate sections, to aid in the construction of a railroad in said state, approved May 12, 1864.
An act of the general assembly of the state of Iowa, ap- proved March 15, 1876, entitled, "an act relating to the lands heretofore granted to the McGregor and Missouri Railroad company, resuming said lands, and regulating the same upon new conditions to said company, and providing for forfeiture thereof, and in case of such forfeiture, for the disposition to be made of said lands.
An act of the general assembly of the state of Iowa, ap- proved February 27, 1878, entitled an act in relation to the
.
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HISTORY OF O'BRIEN COUNTY, IOWA.
lands granted the state of Iowa in alternate sections, to aid in the construction of a railroad in said state, approved May 13, 1864, and to impose upon the Chicago, Milwaukee and St. Paul Railway company, the powers and the liabilities men- tioned in chapter 4, title Io, code of Iowa.
A duly certified copy of map of location of route, filed by the McGregor and Western Railroad company, August 30, 1864, in the general land office at Washington, D. C.
Duly certified copies of maps of location of route, filed by the McGregor and Sioux City Railroad company in the general land office, at Washington, D. C., January 27, 1869, and the second day of September, 1869, respectively.
There were letters from the commissioner of the general land office bearing date May 13, 1868, to the governor of Iowa to D. D. Shepard, dated October 8, 1868, and November 13, 1868, respectively; letter from Russell Sage to the sec- retary of the interior, bear- ing date March 8, 1869, and the reply of the secre- tary thereto; also a copy of final certificate of gov- ernor of Iowa on comple- tion of the Chicago, Mil- waukee and St. Paul R. R.
Patents from the United States to the state of Iowa for lands in controversy SCOTT MAKIIN. in this suit, with other lands, for the benefit of the Sioux City and St. Paul Railroad Company, and other defendants. A copy of which decree being filed in the recorder's office of said O'Brien county, on the 25th day of May, 1886, and re- corded in book 23 of deeds, at pages 197 to 214 inclusive.
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HISTORY OF O'BRIEN COUNTY, IOWA.
Orders of United States Circuit Court, confirming the report of commissioners partitioning joint indemnity, and joint lands between the Chicago, Milwaukee & St. Paul R. R. Company, recorded in the recorder's office of said O'Brien county, in miscellaneous records, pages 244 to 253 inclusive.
Record of patent from the state of Iowa to the Chicago, Milwaukee & St. Paul Railway Company for lands in question, said patent being recorded in recorder's office of said O'Brien county in book 33 of deeds, pages 480 to 484.
Deed from the Chicago, Milwaukee & St. Paul Railway Company, of lands in question to the said Western Land Company, recorded in recorder's office of O'Brien county in book .23, pages 529 to 531. There were several comical things grew out of the land office litigation, over these lands at Des Moines. People from a distance had read about the decision, which decided these lands to be open for settlement, and a large number flocked at Des Moines and to O'Brien county, in order to avail themselves of a government home- stead. The land lawyers at Des Moines coined money from these innocent seekers after land, charged them a good round sum for selecting a quarter section for them, and attending to their filing in the land office, and several filings were on one quarter. There were also some transfers of filing rights, and the extent of these transactions between men over these claims, will never fully be known.
It is enough to know, that the land agents at Des Moines were well up in their job, and no land seeker was permitted to depart without leaving a portion of the contents of his pocket book, in the palm of one of this indispensible frater- nity. The writer, who was county attorney at the time, did, by reason of his office, receive a large number of letters from the east, making inquiries concerning these lands. Several were from the extreme east, where the writers of them knew nothing about the west, and had an idea as some eastern people have, that we are sort of semi-civilized. One fellow wanted to know how much timber it would cut to the acre,
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HISTORY OF O'BRIEN COUNTY, IOWA.
and whether it would be safe to bring the old woman along. Another inquired if the Indians were very troublesome, and how far away to the nearest town, and still another wrote, that he wanted to come, but his father said he would never consent to his going, where there were neither schools nor churches, and wanted to know if I thought sometime we would have these. In all I got about twenty-five letters, and many of them were on the above order.
There was considerable strife for awhile, between owners and squatters, and a few personal encounters. Sometimes a squatter shack would disappear in the night, or be found in the road a total wreck, and sometimes, two fighting parties would be plowing on the same quarter. But the land depart- ment and the courts will finally settle all differences, though it may be several years yet, but when finally settled, each side as law abiding citizens will gracefully yield to the majesty of the law.
COUNTY SEAT.
Since the removal of the county seat to Primghar, as usual with all counties, there has been a desire on the part of other towns to obtain it. Sheldon made an effort in 1879. Notice was pub- lished in the Sheldon Mail that peti- tions would be circulated, and pre- sented to the board.
Sanborn saw no reason why it had not as good a right to enter the con- test as Sheldon had, so Sanborn also published in the Pioneer, a similar notice. Primghar stirred itself with remonstrances, and the fight was vig- orous, if not bitter on both sides. A. J. WALDSMITH. Sheldon had 532 names, which frightened Sanborn out, and this town did not file its petition. The time was set for hear- ing by the board, and the only question to be determined was,
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HISTORY OF O'BRIEN COUNTY, IOWA.
whether Sheldon had the required number of names, and if so, whether the names of the remonstrators out-numbered those of the petitioners. Not until the morning of the time set for hearing, did the people of Primghar fully realize the danger of defeat. Attorneys for Primghar occupied the time of the first day, in arguing motions for time, and the very time spent in arguing, answered the purposes of the motion. In the meantime Primghar had every available man and conveyance, out in the county soliciting names on the remonstrance, the result of which was, that Sheldon was finally defeated, and Primghar was once more at ease.
In 1882, Sanborn so to speak, lost its head. It did not for the time being, see any use of trying to secure the county seat by petitions, so concluded at the proper time, to march down and bodily move it, from Primghar to Sanborn. It was a beautiful moonlight night on the 23d of November, when about one hundred men, with teams, timbers, and other devices, reached Primghar about 12 o'clock at night. Primghar was then but a small village, and many of its citizen's including its county officers, except J. L. E. Peck, were at St. Paul upon an excursion; those not away were slumbering peacefully in their beds. These county seat raiders had the recorder's safe loaded, and started off for Sanborn, the treasurer's safe was loaded on a wagon, as also were nearly all the books and papers of the county. The noise made by these Sanbornites, went out on the still air of the night.
A few restless slumberers awoke, and soon the town was astir. Excitement prevailed on all sides, but soon organization was completed, and interference was made. They tackled the means of transportation, pulling out linch pins, pulling nuts off the wagons, cutting harness, and otherwise checking as far as possible, the progress of the raiders. The board of super- visors were soon on the scene, and as Primghar had sent for recruits from the country, by daylight a great many men and women were on the ground. As soon as possible after the
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HISTORY OF O'BRIEN COUNTY, IOWA.
gathering of some of the crowd, a chain around the court house square was taken off, and wound around the treasurer's safe, then around a tree, thus anchoring this money receptacle in safety. By 10 o'clock of the next day, about five hundred indignant farmers from around Primghar, were in Sanborn with blood in their eye, and demanded the return of the records, which had been deposited in a building at Sanborn. At this stage of the proceeding, better counsel prevailed; there was a meeting of the board, and auditor Peck with the citizens of Sanborn talked the matter over. Sanborn did the manly act, by expressions of apology and regret, averring that it was a sort of impromptu matter, caused by unwise enthusiasm, and the affair had gone beyond what was expected. It was stated, that they were willing to return all the rec- ords, and repair all damage caused by the raid. This was done ac- cording to promise. The new wagon used to remove the treas- urer's safe was still at Primghar, and the men and women on their way to Sanborn, expressed their feeling, by attacking this wagon and about demolishing it, then set H. B. PERRY. up the tongue, upon which a flag was soon afterwards placed, which was floating in triumph, when the records were taken back.
Thus ended the last attempt to remove the county seat, and Primghar fully recovered its sudden and excited scare.
As usual upon such subjects, the poet got in his work, and among others a Sanborn poet, who wrote as follows, which appeared in the papers at that time.
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HISTORY OF O'BRIEN COUNTY, IOWA.
What is it, that hustled the Primghar lads? And stood nearly all of them onto their heads, And made Col. Pumphrey come down with the scads? The County Seat!
What made them gather around in a bunch, At Tifft's saloon for his free lunch, And close it up with a bowl of punch?
The County Seat.
What made old "Samul" so short and sharp, And on his land and his taxes harp,
And cause him so much to fret and carp?
The County Seat!
What made the County Dads so long In session, when they to their farms belong, And to swallow such camphor to make them.strong? The County Seat!
What made Clark Green get up on his ear? And swear about Sheldon far and near, With a string of adjectives swift and clear?
The County Seat!
What was it made such a busy sight, And hustled all Primghar around in the night,
Working for life with main and might?
The County Seat!
What was it sent Sheldon boys away To Primghar, and be there day after day, And made things lively during their stay?
The County Seat!
What is it that wont let Primghar sleep? But will keep her uneasy and make her weep; Something she's got, but never can keep, The County Seat!
What was it made Barrett so slow to tell, That we worked so hard and worked so well. But passed in our checks and gone to h-1? The County Seat!
The newspapers warred among themselves over the raid, yet none but those of Sanborn seemed to justify, and these more in a humorous way. There was an attempt to indict, and strong efforts made, but the grand jury did not think it best, at least they found no bill against anyone. At this
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HISTORY OF O'BRIEN COUNTY, IOWA.
distance of fifteen years from the attempted removal, it seems singular, and even to those who were in it, that such a thing was ever thought of, but the feeling was, that the county was so anxious to get it out of Primghar, that the voters would acquiesce. It is wonderful that the matter went as far as it did, and nobody hurt, for in a more settled county than O'Brien was at that time, there would have been a serious fight, followed by bloodshed.
C. F. BUTTERFIELD AND FAMILY.
CHAPTER XIV.
COURTS AND COURT RECORDS.
The first court of record held in O'Brien county, was on the 9th day of June, 1862, and was held upon the following order issued by Judge Hubbard.
STATE OF IOWA,
FOURTH JUDICIAL DISTRICT.
To the clerk of the District Court of O' Brien county :
You are hereby notified, that a term of the district court, within and for said county, will be held commencing on the ยท 9th day of June, 1862, and will continue in session two days if the business requires it.
Given under my hand this 24th day of April, 1862.
A. W. HUBBARD, Judge 4th Judicial District of Iowa.
This court was held at the county seat at old O'Brien, in accordance with this order, and adjourned the next day on June 10.
Owing to the scarcity of lawyers, there must have been no cause for litigation, as the proceedings were very limited.
The first judicial act of Judge Hubbard was to naturalize Henry Golleckson, Kun de Stennerson, and Christian Johnson, they were from Norway, and took the usual oath of allegiance, to the best government on earth, and declared their attach- ment to the principles of our Constitution.
The next case was an action upon account, wherein Collins, Kellogg and Kerby, were plaintiffs, and Adolph Wehrmann was defendant. Default was made, and judgment was ren- dered for $449.
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HISTORY OF O'BRIEN COUNTY, IOWA.
The next, and the last case, was Greely, Gale & Co., against Adolph Wehrmann, August Wehrmann and F. Wehr- mann. This was an action to set aside a conveyance, being a deed, made by Adolph and Augusta, to F. Wehrmann, of all of section 29, all of section 33, and the west half of the south- west quarter, and the west half of the southeast quarter of section 19, also west half of southwest quarter of section 20. All of the above in township 96, range 39, being now civil township Omega.
Also the southeast quarter of section 20, in township 97, range 41, now civil township Franklin, and the east half of section 30, and the southeast quarter of section 19, in town- ship 96, range 41, being now civil township Summit.
There was default in this case, the conveyance was set aside, and the premises above described, were subjected to the debt against F. Wehrmann, and decree entered accord- ingly. This completed the business of the first term of dis- trict court.
There seems to be no record of any term in O'Brien county of a district court from this first term until November, 1870, which was held by Judge Henry Ford. It seems singular that there was no term of this court between 1862 and 1870, but if there was such, the record of it has been dropped out of existence. At this November term, the record is somewhat incomplete. The first statement by the clerk is, that court was to be convened on the 2d day of November, 1870, but the judge not appearing, it was adjourned until the next dav. The next entry is, that court having adjourned from the first to the second day, and from the second day to the third day, it now convened on the 26th day of November, 1870, and this day it seems was the first day of that term.
The attorneys who figured at this term were, Wilson & Dry and O'Connell & Harley. There were a few judgments rendered at this term, and no litigated cases. The next term of the district court was held in June, 1871, Judge Henry Ford presiding. The attorneys in attendance were Wilson
.
HON. CHARLES H. LEWIS.
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HISTORY OF O'BRIEN COUNTY, IOWA. *
& Dry, I. M. Pemberton, Eugene Cowles, Orson Rice, and Geo. F. Haswell. This term was of only two days duration. But one judgment was rendered, and this against the poor oppressed county of O'Brien, one other case was continued, and the third case was changed in venue to Cherokee county.
The next term was held December 1, 1871, and at this term is the first mention of a grand jury. The same Judge Henry Ford presided, and C. H. Lewis was district attorney. Mr. Lewis filed a motion, that the venire issued by the clerk be set aside for certain irregularities, and that a jury be drawn from the body of the county, which was done.
The fifteen grand jurors drawn were: Adam Towberman, L. C. Washburn, Horace Gilbert, P. A. Hurlbert, W. A. Acer, John Wood, Robert E. Wood, Ed. Parker, Gus Baker, S. G. Sutter, Harley Day, Henry Smith, Wm. Welch, John Brock, and Miles Allen. Adam Towberman was named as foreman.
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