History of Page County, Iowa : containing a history of the county, its cities, towns, etc. : a biographical directory of many of its leading citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, history of Iowa and the Northwest, map of Page County, constitution of the state of Iowa, reminiscences, miscellaneous matters, etc, Part 47

Author: Iowa Historical Company
Publication date: 1880
Publisher: Des Moines : Iowa Historical Co.
Number of Pages: 835

USA > Iowa > Page County > History of Page County, Iowa : containing a history of the county, its cities, towns, etc. : a biographical directory of many of its leading citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, history of Iowa and the Northwest, map of Page County, constitution of the state of Iowa, reminiscences, miscellaneous matters, etc > Part 47

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

423

HISTORY OF PAGE COUNTY.

" Appellant may have final decree in this court, if it so elects, within ten days from the filing of this opinion."

Such are the chief facts in the case, so ably reviewed by Chief Justice Miller. The matter still stands as his decision left it.

A portion of the same lands became the subject of subsequent litiga- tion, the parties in the case being Page County vs. the B. & M. R. R. Co. This case involves conflicting claims by the respective parties to the same lands under separate congressional grants. The plaintiff's petition alleges that the plaintiff is the owner of the lands in controversy by virtue of the act of congress of September 28th, 1850, known as the "swamp land grant," and the act of the general assembly of the state of Iowa, of June 13th, 1853, disposing of the swamp lands within the state to the several counties therein, and the act of congress, of March 3d, 1857, confirming the swamp land selections previously made; that the defendant was un- lawfully interfering with the plaintiff's title to those lands, and disturbing plaintiff in the use, possession, and enjoyment of the same, and asserting and claiming title thereto under color of some subsequent and subordinate grant unknown to plaintiff. A list of the lands as claimed was attached to · the petition, and is as follows, to-wit:

PARTS OF SECTION.

Sections.

Town.

Range.

PARTS OF SECTION.

Sections.

Town.

Range.

Swł.

1 69|36|Wz se

21|70 36

WĘ seł

1 69 36 Sc se.

21 70 36

Se se.

1 69 36

Wł ne.

29 70 36

Sw ne.

1 69 36 Sw ne

29 70 36

Se nw

1 69 36 Set

29 70 36

Nez

E} nw

33 70 36

Set

5 69 36 SŁ SW

33 70 36

Nwł

9 69|36 All of

5 69 36

Swł

9 69 36

All of.

7 69|36

Se ne

23 69 36 Ez nw .

1 70 36

Wł ne

23 69 36 Sw nw.

1 70 36

Wz se.

23 69 36 Ez sw.

1.70 36

Set

27 69 36 Sw sw

1 70 36

Se ne.

27 69 36 Nwł

13 70 36

Ez ne.

5 70 36 Net

13 70 36

Ez se

5 70 36 Se ne

9 68 36

N& sW.

9 70 36 E2 nw

9 68 36

Ez ne.

17 70 36 Ne sw

9 68 36

Ez nw

21 70 36 Ng se.

9 68 36

Ez sw

21 70 36 Sw se. .

9 68 36

WE sw

7 68 36 Ez nw

9 68 36

The defendant answered, September 6th, 1872, denying specifically the

424

HISTORY OF PAGE COUNTY.

several allegations of the petitions, and claiming title to the lands by vir- tue of the act of congress of May 15th, 1856, known as the "Iowa Land Bill," and the act of the general assembly of the state of Iowa, of July 16th, 1856. The answer also alleges that the grant by the state, July 16th 1856, was accepted by the defendant: that the lands in controversy were selected by the defendant under said grant in 1856, and were certi- fied to the defendant by the proper officers of the general land office; that defendant's road was finally located, and the line permanently fixed August 5th, 1856, and that the defendant had performed all of the conditions of the several grants under which title was claimed. To make more stable its claim to these lands defendant filed an amendment to its answer, alleging the payment of a large amount of taxes. During the trial of the cause the cross-examination of Mr. Loranz brought out the fact that dur- ing and since the year 1869 no taxes were paid. In January, of 1870, it appears that the defendant compromised with the county all claims for taxes, defendant never having paid any upon its lands prior to that time, asserting that they were not taxable. The contract of compromise pro- vided that the auditor should "strike from the tax books of Page county all lands of the B. & M. R. R. Co. now upon the tax books which inure to or belong to said railroad company under either of the grants aforesaid, and said auditor is required to make and endorse so as to show that the same were erroneously made and entered, it being the intent thereof to fully remit and release all taxes, interest, and penalties now claimed by said county of Page for any and every purpose upon and against any and all of said railroad lands for all years previous to the year 1869, and to re- move all clouds of every character in the nature of taxes from said lands." After the compromise was made the defendant's agent furnished the aud- itor, Mr. Alexander, a list of the lands to be checked off from the tax books under the agreement.

Judge J. M. Beck, of the supreme court, in the fifth count of his opin- ion, rehearses some important facts in the transferal and assessment of the lands in this controversy. This count, containing this summary, to- gether with the decree affirming the decree of the district court of Page county, here follows:

"V. Four or five of the tracts of land in controversy were sold in 1864, for the taxes of 1861 and 1862. It is shown that they were assessed for the taxes of 1862 to unknown or non-resident owners. The abstract fails to inform us as to whom they were assessed for 1861. We cannot presume that they were assessed for that year to defendant. In 1867 de- fendant redeemed these tracts from the tax sale, and a certificate was is- sued accordingly. They were not claimed by defendant in the action brought by it to restrain the collection of taxes, nor included in the settle-

425

HISTORY OF PAGE COUNTY.

ment above referred to, and, it is shown, that since 1868 no taxes have been paid thereon by defendant.

" Without determining the effect of the redemption of 1867, if followed up by a continuous claim of title to the land and the payment of taxes thereon, we are very clear that without these things an estoppel in defend- ant's favor does not arise against plaintiff whereby it is now prevented setting up title to the lands. Defendant's disclaimer, implied if not express, of title to these lands in the action and settlement above mentioned, its 'failure or refusal to recognize the land as its property by the payment of taxes from that day to the commencement of the suit, taken with other matters appearing in the record, must be regarded as evidence of its abandonment of its claim set up to the land by the redemption from the tax sale. It is entitled, however, to receive the amount paid for the re- demption, with interest.

"It is claimed by defendant that plaintiff has sold and conveyed the lands in controversy, and is therefore not entitled to the relief prayed for -having no interest in the subject matter of the action. If the agreement it insisted that the lands were conveyed by the county to the American Emigrant Company. There is not a particle of evidence to support this claim. It needs no further mention. It is shown, however, that plaintiff had sold and conveyed, prior to the commencement of this suit, the lands set out in the list appended to this opinion; it is not entitled to the relief prayed for in the petition as to these lands.

" The decree of the district court will be affirmed with this modifica- tion: The lands sold by the county will be excluded from the operation of the decree. The defendant will recover of plaintiff the amount paid for redeemiug from the tax sale the lands mentioned above. The judg- ment will be for the sum of $109.14 with interest at six per centum per annum from June 19, 1867, the date of this redemption. In other respects the judgment of the district court is affirmed, and a decree will be en- tered in the court conforming to this opinion. "

Thus it will be seen the county was more fortunate in this its second suit. It has been thought proper to present the more important facts in these cases, together with the opinions of the eminent legal talent which passed upon them, and allow the interested reader to form his own con- clusions. The facts, as above, are gleaned from the mass of evidence presented to the supreme court.

426

HISTORY OF PAGE COUNTY.

JUDGES AND JUDICIAL DISTRICTS.

As before mentioned, the first judge to hold court in Page county was the Hon. James Sloan. The county was then attached to the sixth dis- trict, the entire district being composed of the counties of Adair, Adams, Audubon, Buna Vista, Buncombe, (now Lyon) Carroll, Cass, Cherokee, Clay, Crawford, Dickinson, Fremont, Harrison, Ida, Mills, Monona, Mont- gomery, O'Brien, Osceola, Page, Plymouth, Pottawattamie, Ring- gold, Sac, Shelby, Sioux, Taylor, Union and Wahkon (now Woodbury). The seventh district was formed from a part of the sixth on the 9th of February, 1853; at the same time Guthrie county was added to the sixth. Audubon and Cass counties were de- tached and annexed to the seventh district December 26, 1856; Ringgold and Union were made a part of the ninth district February 9, 1857; and Guthrie was attached to the fifth district February 25. On the 3d of Sep- tember, 1857, Mills county was added to the district by a special provision of the constitution. When abolished under the new constitution the dis- trict therefore consisted of the following counties: Adair, Adams, Fre- mont, Mills, Montgomery, Page and Taylor.

Up to the time the district was changed, under the new constitution of 1858, the following gentlemen had represented it on the bench.

James Sloan, elected April 7, 1851. Resignation accepted March 9, 1852.

Allen A. Bradford, Fremont county, appointed by the governor May 4, 1852; qualified May 24; elected by the people April 4, 1853. Resigned in 1854.

E. H. Sears, Fremont county; appointed by the governor January 9, 1855; qualified February 1; elected by the people April 2.

By the constitution of 1858, Page county became part of the third dis- trict, in connection with the counties of Clarke, Decatur, Union, Ring- gold, Adams, Montgomery, Mills, Fremont, Pottawattamie and Cass.

E. H. Sears was the first judge of the new district, having been elected at the October election, 1858.

He was succeeded by James G. Day, elected October 14, 1862, and re- elected October 9, 1866. Judge Day held his last term of court in Page county in March, 1870, when he resigned, having been appointed to a va- cancy on the supreme bench.

Judge Day was succeeded on the bench of this district by J. W. Mc- Dill, of Afton, who was appointed to fill the vacancy, and in October fol- owing he was elected by the people. He served until 1872, when he re-

427

HISTORY OF PAGE COUNTY.

signed, having been nominated by the republicans of the eighth congres- sional district as their candidate for congress.

Judge J. R. Reed, of Council Bluffs, was appointed to fill the vacancy caused by Judge McDill's resignation. Judge Reed held but one term of court in the county.

In 1872 the district was again changed, the new circuit being composed of the counties of Adams, Clarke, Decatur, Montgomery, Ringgold, Tay- lor, Union and Page.

Hon. Samuel Forrey, of Decatur county, was elected the first judge under the last re-organization, serving until 1879, when he was succeeded by the Hon. R. C. Henry, of Ringgold county, he having been elected at the October election, 1878.

In 1868 the circuit court was established, Page county being assigned to the first circuit of the third district. The entire district was comprised of the following counties: Page, Montgomery, Fremont, Mills and Potta- wattamie. R. L. Douglas, of Pottawattamie county, was the first circuit judge elected for this district. He served until 1872, when the district was changed so as to comprise the counties of Adams, Page, Clarke, De- catur, Montgomery, Ringgold, Taylor and Union, and J. W. Hewitt, of Montgomery county, was elected as judge of the new district, at the No- vember election, 1872, serving one term, when he was again elected to the same position, serving until the latter part of 1877, when he resigned, and D. D. Gregory, of Union county, was appointed to the vacancy, being elected at the October election, 1878, to fill the unexpired term.

THE COUNTY COURT-HOUSE.

The average citizen of Page county does not point with any degree of pride to its court-house. In fact the court-house question has been a very great source of trouble to the citizens of the county, and more especially the residents of Clarinda. Sometime during the fore part of the nine- teenth century, the building now being used as the post office was erected for the use of county officers. The treasurer and auditor occupied the lower rooms and the recorder and clerk the attic. The sheriff and county superintendent were compelled to roost around in localities best suited to their tastes, and court was held in the school-house-occasionally in one or the other of the churches-in fact there was nothing permanent in re- gard to the abiding place of justice, as usually dealt out from the bench of the district and circuit courts. This state of affairs continued until 1874. At the June, 1867, meeting of the board of supervisors, a resolution was passed authorizing the submission to the people of the county the question

428

HISTORY OF PAGE COUNTY.

of voting a six-mill tax on the taxable property of the county, for the years 1867, 1868 and 1869, in order to raise funds to build a court-house. This proposition met with a decided negative, the vote standing, for the proposi- tion, 128; against, 815. At the June meeting of the board in 1870, the court-house question was again brought up, and a resolution passed sub- mitting the question to the people to be voted on at the fall election of that year. This time the proposition was to issue bonds to the amount of fifty thousand dollars. The people decided by a vote of 425 for, to 795 against the proposition, that Page county did not need a new court- house. By the year 1873, it became apparent to the board of supervisors that a more suitable building in which to keep the records of the county was imperatively demanded, and consequently the proposition of whether or not funds to the extent of twenty-five thousand dollars should be raised by the county was voted upon. This met the same fate of the former propositions; only 583 votes being cast in favor of it, while 1,158 were cast against it. This last decisive decision of the people was more than the board of supervisors could stand, and at their October meeting, 1873, they took the matter in their own hands, Supervisor Griffith offering the following resolution, which was passed:

Resolved, That a county building be ordered erected on the public square in the town of Clarinda, 44x60 feet, with six offices below and court room above, with vaults for the county records, according to the plan and specifications on file in the auditor's office; and that J. W. Tur- ner be appointed a special commissioner to superintend the same, and have the offices and vaults for the county records completed as soon as possi- ble; and the auditor is authorized to issue warrants on the county fund to pay for the labor, upon the application of the commissioner.

And thus, after a long and protracted effort, Page county succeeded in securing a court house, in certain respects, worthy of the name. It is not a palatial building, and not such a one as a county of the wealth and popu- lation of Page should have, but it beats nothing, and is the best, under the circumstances, that could have been erected. The entire cost of the build- ing was $7,456.16.

COUNTY JAIL.

Page county has one public building of which it can boast, and that is a good, substantial, and well ventilated jail-probably the best building of the kind to be found in southwestern Iowa. It is built of brick, two sto- ries high, and was erected at a cost of $6,000.00.

429

HISTORY OF PAGE COUNTY.

POOR FARM.

Asylums for the poor, the disabled and the unfortunate, are peculiarly christian institutions, it has been said, and they become more common with the growth of civilization. None of the heathen nations, Rome, Greece or Macedon, in their times of greatest wealth and power, ever es- tablished any public institutions for the relief of the destitute, but in this age a state, or even a county of any considerable size or prosperity, would be considered far behind in all the elements of progress unless some pro- vision was made for the care of paupers and other unfortunates.

Page county has been remarkably free from abject poverty, but never- theless has been diligent and generous in providing a place for those too poor to have any other. Care is taken to make the institution adapted to its purpose and to keep it always in good order.

The farm was purchased in April, 1878, and consists of 170 acres of fine land. It lies adjacent to the town of Clarinda on the west, about one- half mile from the corporation line. Ever since the farm was purchased it has been under the supervision of Mr. G. L. Shaul, and a more accomp- lished man for the place it would have been hard to have found. Since the land was purchased by the county it has been improved and arranged with the express purpose of making all the buildings permanent and the entire surroundings adapted to the purpose for which the farm was pur- chased by the county.

The following shows the amount of warrants issued and cancelled on the poor farm fund from the time it was purchased by the county in April, 1878, to January 1, 1880:

Poor farm

$5 220 85

Poor house ..

3 247 00

One span mules

225 00

One span horses 250 00

Grain 114 69

Stock.

163 10

Harness

69 00

Farming implements.

170 00

Bedsteads.

6 50

Sewing machine.

40 00

Total.

$9 506 14

There was paid out of the county fund for stock, improvements and ex-

430

HISTORY OF PAGE COUNTY.

penses for the poor farm, in 1878, $1,488.95, and in 1879, $2,542.59, making the total amount paid for the poor farm, with buildings, improvements, stock and expenses, $13,537.68. The whole amount of warrants issued have been paid off and cancelled.

The expenses of the farm, for the twenty-two months ending January 1, 1880, and the products of the farm for the year 1879, were as follows:

EXPENSES FOR TEN MONTHS COMMENCING MARCH 1, 1878, AND ENDING JANUARY, 1 1879:

Groceries and provisions

$ 234 73

Hired help

272 67

Fuel ....

117 65

Seed and feed.

118 78

Clothing

35 04

Blacksmithing

11 60

Cutting and threshing grain.

37 76

Coffin and box.

14 00

Steward's salary

525 00

Total expenses

$1 367 23

Improvements

$ 221 29

Stock.

343 30

Farm implements.

295 30

Stock .

609 87

Bedding.

40 04

Lightning rod and spouting

67 97

Total.

$1 577 77

EXPENSES FOR 1879.

Groceries and provisions.

$ 223 65

Hired help.

253 50

Seed.

25 20

Clothing

33 16

Fuel

20 42

Blacksmithing

15 87

Insurance on building

32 00

Coffin and box

12 00

Steward's salary

700 00

Total expenses.

$1315 80

431

HISTORY OF PAGE COUNTY.

Improvements $ 300 33

Stock . 280 00

Farm implements. 182 00

Household and kitchen furniture

41 49

Bedding

5 14

Total. $ 808 96

PRODUCTS OF FARM FOR 1879.

80 acres of corn. 3,000 bushels

10 acres of oats. 224 bushels

22 acres of rye.

71 bushels

6 acres of potatoes

850 bushels

25 bushels apples

20 tons hay .

AMOUNT SOLD.

Hay. $20 94

108¿ bushels potatoes at 322 cents per bushel 35 35

26¿ bushels potatoes at 30 cents per bushel 7 95

47 8-56 bushels rye at 56 cents per bushel.

26 40

383 bushels corn at 22 cents per bushel. 84 26

One boar pig

4 00

RECAPITULATION.

Expenses for 1878

- $1367 23

Improvements for 1878

1577 77

Expenses for 1879

- 1315 80

Improvements for 1879

808 96

Total

$5069 76

According to the last appraisement, December, 1879, the total value of the farm, together with the stock and grain thereon, was as follows:

Farm

$10,000 00

Horses

240 00

Mules

275 00

Cattle

630 00

Hogs

349 00

Poultry

33 00

Grain, hay, etc

1318 00

Harness -

65 00

432

HISTORY OF PAGE COUNTY.

Stoves, etc

133 00

Farm implements -

418 00

Furniture, bedding, etc

126 00 .

Carpets

28 00

Miscellaneous

93 00

Total

- $13,708 00

The following table shows the number of paupers received, discharged, born and died at the poor house during 1878-9:

No. Received.

Born.

Discharged.

Died.

At End of Month.

March

April

May

August

September

October

November

December

January, 1879

February, 1879

April 1879

May, 1879

June, 1879

July, 1879

August, 1879

September, 1879

October, 1879

November, 1879

December, 1879

July

June

March, 1879

MONTHS.

433

HISTORY OF PAGE COUNTY.

DEEDS OF VIOLENCE.

Page county has been particlarly fortunate in not having to defend criminal prosecutions, there having been but three murders in the county since its organization. It generally happens that the unsettled condition of society, which belongs to a new country, is condusive to murders and crimes of the most revolting order. It has been a peculiarity of all our frontier history in the west that many men keep themselves always on the outside limit of civilization. Usually a few desperate characters who have left some other region for its good, or who have decamped to escape the clutches of the law, make their way into new settlements where the reign of law is not yet securely established, and there give free scope to their evil propensities. Too often peaceful and industrious settlers are vexed for years by such characters. Endurance in many cases ceases to be a virtue, and in this way that peculiar institution of pioneer life, the vigil- ance committee, found its way into life and useful activity. The days of pioneer life passed peacefully along, the settlers busying themselves in the upbuilding of their future prosperity. Differences arose and antagonisms were developed of course, but they did not extend to that point of shed- ding human blood.

THE MILLSLAGEL CASE.

The first murder case tried in the courts of Page county was for the offense of murder in the neighboring county of Montgomery. It has, as a murder, no interest for the people of this county, but as it was the first trial in the courts of this county for this offense, it possesses great interest.

The case was that of Andrew J. Millslagel, charged with the murder of John Stipe, in Montgomery county, on the 9th of February, 1861, and was brought to the county on change of venue. The facts of the case as dveloped by the trial show that some time about the 1st of February, Millslagel was working for a Mr. Wilson, and by some means wormed himself into the affections of his employer's wife, and virtually drove Mr. W. from his home, where he continued to live in adultery with his wife. Mr. Wilson made the facts known to his neighbors, who assembled to take steps for his relief. At the meeting it was agreed that they should proceed to the house and remonstrate with Millslagel upon his conduct, and induce him, if possible to peaceably leave the premises; and if he re- fused, to compel him to leave. The company started towards the house, but before' coming within sight, stopped and sent two of their men, John Stipe and another, to remonstrate with him, but before they H

434

HISTORY OF PAGE COUNTY.

reached the house, and when, perhaps, fifty yards distant, Millslagel shot Mr. Stipe, causing his death in a few minutes. The case was ably argued on both sides-Parrett and Bowen on the part of the state, and Harvey, Cormish and Kelsey for the defense,-at the July term of court. The in- structions of the court were plain and impartial. The jury, after re- maining out some seven hours, returned into court with a verdict of mur- der in the second degree. Judge Sears sentenced him to twelve years in the penitentiary. During the progress of the trial, the prisoner's deport- ment indicated that he had but little fear of conviction, being as jovial and apparently light-hearted as any around him, and occasionally visiting his malice upon the state's witnesses in a manner anything but becoming. The announcement of the verdict subdued his spirits to a very great ex- tent. After remaining in the penitentiary a short time he was pardoned out and entered the army.

THE KLUGHE CASE.

The following account of the most horrible murder ever committed in this part of the west, we take from the Page County Democrat of Decem- ber 24, 1874.

" One of the most horrible murders ever done was perpetrated in this county on Monday night last; indeed the word horrible falls far short of describing it in all its enormity and diabolism. In truth it scarcely enters into the comprehension of the human mind how such a terrible deed was committed, or even that it was committed. We have not space nor time to give the full particulars, nor do we wish to; the general details are enough to give. About four or five miles north of Clarinda lives a Ger- man family named Klughe (pronounced Kluga). The family consists of Klughe, his wife and five or six children. They have been living in this county some three or four years on an eighty acre tract of land. They were in reduced circumstances, and lived badly enough, it is true, but they would have fared far better had it not been for the extreme brutality of the murderous Klughe. This brute, or devil, or whatever he is, treated his family and all over whom he had any control with extreme cruelty, frequently beating and abusing them in the most shocking manner. About one year since one of his sons was forced to leave home on account of his father, who in an angry fit one day chopped off one of the boy's fingers with a hoe. By intimidation he induced the little fellow to say that his maiming was the result of an accident. * Klughe's family lived in constant fear that their lives would be taken by their inhu- man head, and bore his abuse with but little complaint. Mrs. Klughe worked hard to provide for the family, and her only reward from her hus- band was his abuse. A few days since Klughe started three of his chil-

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

Author: Iowa Historical Company Publication date: 1880 Publisher: Des Moines : Iowa Historical Co. Number of Pages: 835

Author: Iowa Historical Company
Publication date: 1880
Publisher: Des Moines : Iowa Historical Co.
Number of Pages: 835