USA > Iowa > Pottawattamie County > History of Pottawattamie County, Iowa, from the earliest historic times to 1907, Vol. I > Part 18
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During '56 Miss Annie Van Arnam came among us. She was gifted with a charming soprano voice, and captivated her audience every time. She also captivated Judge W. C. James, and their eldest daughter inherited her mother's talent and later achieved fame in opera.
Fanny Kellogg was another bright star of home growth, but left liere for a larger field.
After the death of Prof. Kuhn, the bands became demoralized for a time. Finally a teacher named Minkler got the fragments of the two together and for a time we had a tolerable band. About this time we received an addition in the person of James Madden, a cornetist who made his home here and became a reliable member for many years. Joseph Mueller appeared. A more extended notice of him will be seen in another part of this history. Prof. Powell came about '70; was a fine teacher and performer on the piano, and for a time was associated with Mr. Mueller. W. H. Goff appeared about '68 and getting the straggling musicians together, organized a pretty good band that held together for two or three years. He located permanently here and reared quite a family, among which was a son (Arthur) that from infancy was a phenomenon, astonishing as well as captivating his audiences by his marvelous performance on the cornet. Like many precocious children, he died at twelve years of age and his father soon followed him.
Among the ladies of the early times, Miss Fanny Cook and Miss Julia Hoffman were fine performers on the piano and later Miss Nealy Stevens, also Miss Officer, both as teacher and performer.
During the winter of '56 H. H. Field formed a small orchestra that, with an occasional change in its membership, lasted for more than twenty years. This was reinforced during the '70s by Prof. Alex. Glenn, who has been associated with music, either performing or selling, ever since. Prof. Albia was another band and orchestra leader that reigned for a season and disap-
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peared, to be followed by Prof. P. Olker, who succeeded in getting up a pretty good band and orchestra. About '82 the little Bavarian band made its appear- ance, but dissolved after a year or two, leaving us only Jake Schmidt (the tuba), but he fits in anywhere. During the 80's the venerable Prof. Batens eame among us. He is a teacher of the violin of the old school, contempo- raneous with U. C. Hill and Joseph Tosso of Cincinnati, the latter of whom was HI. II. Field's teacher sixty years ago. Prof. Zerooski and Albin Huster are also teachers of the violin as well as leaders of orchestras. Mrs. D. J. O'Neil was for years a successful teacher of voeal music, and later Mrs. Dillon. Miss Bella Robinson has achieved an enviable reputation as a pianist. Professor Dalby appears to be another phenomenon, having organized and brought bands to a high state of efficiency and composed and arranged many pieces that have been favorably received by the best bands, while he has never taken a lesson in music.
Among the ladies of modern times whose singing has always been in request are Mrs. Mullis and the Merkel sisters. Hang Hollow or Glendale seems to possess the right soil for cultivating music. Commencing at the upper part we find the Oliver sisters and Mrs. Shepherd, née Gerty Gleason; Mrs. Wakefield, née Ida Tostevin; Perry Badolet. cornetist and Frank, a flutist of national reputation ; Mrs. Merrick, née Maud Cavin; the Tuleys family; Miss Beebe and Max Baumeister, violinist from the Royal College of Music, Wurts- burg, Germany. Mrs. A. R. ITypes and Mrs. A. Covali are also accomplished vocalists.
Some of the ladies above named are not in the Glen now, but having been born and reared there, are still claimed by its people.
Coming down to the present time (1907) we find Covalt's band in the lead, with several of lesser note in this and other cities of the county, as is also Whaley's orchestra. The Elks' quartette, composed of J. R. Gerke, first tenor; W. S. Rigdon, second tenor: Dr. C. P. Lewis, first, and C. S. Haverstock, second bass, are drawing cards everywhere.
Besides Mr. Goff and his son, whose death was noticed. Mr. Fox, a mem- ber of Covalt's band, has recently died.
It is next to impossible to keep a musical organization together in a small plaec. The most proficient being in demand at places where better pay can be had.
This, with the roving disposition peculiar to all artists, leaves us only such as have other business to hold them, while using the musie as a side line.
PARKS.
Council Bluffs is justly proud of its parks. Fairmount Park is rightly named, as its highest point rises three hundred and twenty feet above the Missouri. Grander views can be had from mountain tops, but for rare beauty it is doubtful if the scenery from Prospect Point is excelled on this little globe of ours.
Thousands of dollars are paid by lovers of art for a picture made by an eminent painter when. without money, you ean gaze on one such as man alone
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is unable to produce. No pen of author or pencil of artist can fitly portray this picture. Take a seat; it is free, and feast your eyes. The picture before you is ninety miles long by ten wide. Most of the work was done thous- ands of years ago by the Infinite Artist, while for sixty years civilized man has been putting on the finishing touches. That great yellow ribbon winding in graceful curves is more than four thousand miles long and we are near the middle of it. It is very busy; it has a contract for filling the Gulf of Mexico and is carrying down a thousand cubic yards of earth every hour to do it. Two miles north more than a century ago is where Lewis and Clark held the coun- cil with the Indians that gave us a name. Down in front of you is the west- ern half of the city, itself almost a park. That locomotive that is running and screaming is started for Chicago over the Illinois Central. This one that is shooting out down below you is the Rock Island. That one creeping north under the bluff is on the Northwestern. That one climbing the grade going west is bound for San Francisco. This one pulling out below our left is bound for St. Paul. This one creeping north elose to the bluff is for Sioux City. This one down in front yelling for dear life is for Burlington. That one scooting southeast across the prairie is for St. Louis over the Wabash, while this one that is cutting the foot of the bluff almost under you is on the Great Western, and that one headed south is bound for St. Joe and Kansas City.
These, with the trolley cars, make a moving picture rarely to be seen. But look off south four miles and Lake Manawa lies glistening in the sun, while away beyond that point surmounted by a college the Platte joins the Mis- souri : while five miles to the west looms up our young sister city, which is only fifty-three years old but now larger than any eity in the United States at the time of the war of 1812.
Look away south again. Those farthest blue hills are back of Nebraska City, fifty miles away. Although it costs but a nickel by way of carfare to view it, it must not be inferred that it is a cheap copy of the work of some eminent master. On the contrary it is the real thing. The greatest of all masters pre- pared the groundwork, and during sixty years a hundred millions of dollars has been spent in its completion. If satisfied with the picture stroll down through the beautiful glens. Interview Graham's Pets, go through an eighty- foot cut and find the soil just as fertile at the bottom as at the surface, and you get a pretty good impression of Fairmount Park, the original cost of which, by good management, was but $1.600.
Lake View Park consists of what was once called Big lake and a consid- erable body of land adjoining at the northern limit of the city. This was secured through the efforts of Mr. Graham and Col. Sapp while he was a mem- ber of congress.
Island Park, south of the city, in Lewis township, was obtained in like manner at trifling cost, and like Lake View, is being held for future devel- opment.
Cook Park, a pretty tract of three acres, and Graham Park, a six-acre tract, both shaded by native trees, being reserved when the Morning Side addi- tion was platted, came as donations to the city.
Prospect Park, next to Bayliss, is the oldest in the city. This, too, was
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reserved in laying out the Galesburg addition, and although these last five are not improved to any great extent, we have them and future generations will appreciate them.
Bayliss and Cochran parks, both gifts to the city, have been treated in another part of this history and speak for themselves.
To Mr. A. C. Graham, more than any other man, are we indebted for these beauty spots that adorn our city. Since the memory of man runneth not back the care of the parks has been a religion with him. He loves parks, even as Carnegie loves libraries, as Col. Baker good roads.
With Mr. J. J. Brown and Mr. Peterson, his lieutenants, all men of enter- prise and taste, their care is assured.
FREE PUBLIC LIBRARY.
The free public library, as we now know it, has not always been known as such.
The inception of a library for general reading was first had under dif- ferent auspices and it has developed into its present form through various organizations.
The first effort to form a library in Council Bluffs was made in March, 1866 under an organization called the Young Men's Library Association, with D. C. Bloomer as chairman.
Several hundred books were collected and the library placed in the Empire block, which, with all its contents, was destroyed by fire in June, 1867. Two years later Prof. Armstrong, superintendent of the high school, feeling the need of books to aid the pupils in the literary department of the school, organ- ized with the help of Horace Everett the High School Library Association. It was again incorporated in 1871 as the Public School Library, and in 1873, through the efforts of A. W. Street, an active member of the Young Men's Christian Association, a combination was formed between that body and the Public School Library, by which the latter had the use of a room in the Woodbury building frec of rent, and W. T. Robinson of the Young Men's Christian Association gave his services as librarian. This arrangement con- tinued for five years, but as few books were added and the old ones were wearing out, the library was in a fair way to die a natural death.
In 1878 the Council Bluffs Library Association was formed, and as there was some difficulty in collecting money, the directors determined to call the women to their aid, and at the following election of directors seven women and two men were appointed. There were 1,900 volumes on the accession book list, but not more than 1,400 could be found. The city council allowed $15.00 a month for rent and Mr. Everett gave the use of a room, so that the money allowed might be used in the purchase of books. The women enlarged the subscription list and collected money by various entertainments, increased the number of books and made the reading room a pleasant place of resort.
In 1875 an effort was made to levy a tax but it was a failure.
Six years later the women decided to petition the council to submit the proposition to a public vote, had their tickets printed, and carried the election
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by a large majority in favor of a free library, and in August, 1881, the first tax was levied. All difficulties being removed and the success of the library assured, all the books, cases and pictures were turned over to the city by an instrument of donation signed by the trustees and all members of the associ- ation.
On April 24. 1882, it was opened as a free public library with between two and three thousand books on the shelves, after which it outgrew its orig- inal quarters, and in 1889 was installed in the Merriam block, where it con- tinned to grow.
In compliance with petition of the trustees the mayor and city council in August, 1902, made a tax levy of three mills for the purpose of enabling the board of trustees to purchase suitable grounds on which to erect a library building.
Likewise in 1903 a levy of one mill was made.
At a meeting of the trustees in July, 1903, the site known as the Pusey & Pusey property was selected and the purchase effected, the price being $9,000, and correspondence opened with Hon. Andrew Carnegie, which resulted in the donation of $70,000, to be made in sums of $5,000 or $10,000, as the work progressed.
On September 15, 1903, the board elected J. C. & W. Woodward, of Council Bluffs, and Patton & Miller of Chicago as architects, and on approval of plans submitted by them on March S, 1904, the president and secretary were authorized to receive bids for its construction, which resulted in awarding the contract to Winchester & Cullen, of Rockford, Ill., and Janesville, Wis., for $55,822, leaving a balance to apply on other contracts of $14,178.
Early in June, 1904, Trustee Bender suggested that in commemoration of the one hundredth anniversary of the landing of the Lewis and Clark expedi- tion at Council Bluffs that during the six days carnival to take place, com- mencing September 5, that being a holiday, the propriety of setting apart one day for laying the corner stone of the library. The suggestion met the approval of the board and the 26th was designated. On the 28th of June, 1904, ground was broken and work progressed so that the substructure was prepared for the ceremony, which was conducted in the presence of 3,000 people. At 9:30 a. m. September 6, the assembly was called to order by President Rohrer, after which music, both vocal and instrumental, and addresses by eloquent speakers were listened to. The stone was formally laid by Exalted Ruler Scarl of the Benevolent and Protective Order of Elks, he using a silver cup and trowel in spreading the mortar. In a copper box in a large cavity were deposited many articles for the edification of future generations.
From this time on work progressed satisfactorily until completion and acceptance by the board. Formal delivery was made and possession taken July 1, 1905, and 27,000 books were moved to their new quarters.
The selection of the site was most fortunate and the building a success from an architectural point of view and the foundation being laid on concrete piling, is sufficient to sustain one or two additional stories in case more room should be needed in the future.
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At this writing the board is constituted as follows: Trustees, Mrs. Mary L. Everett, C. R. Tyler, John M. Galvin, W. S. Baird, Dr. J. H. Cleaver, J. J. Stewart, M. F. Rohrer, II. W. Binder and Dr. W. F. Dean. President, John M. Galvin; secretary, Victor E. Bender.
Library Service-Librarian, Mrs. Mary E. Daily ; first assistant, Miss Mar- garet E. Sherman ; second assistant, Mrs. Bessie K. Black; third assistant, Miss Gibbs.
THE POTTAWATTAMIE COUNTY BAR.
On entering the average district court room if a trial is on we are impressed with the striking resemblance existing among them all. The same judge partially bald sitting on a comfortable arm chair which for a thousand years has been called the "bench," the same attorneys sitting by tables down in front called the "bar," the same twelve good and lawful men sitting in the most uncomfortable of chairs, called the "box." From three to four of these are usually professional, while the others are from the country, taken from their farms during the busiest season, to their great pecuniary disadvantage, while they would have felt slighted if they had not been summoned. The same witness, having been sworn to tell the whole truth, and stopped by one or the other of the attorneys if he attempts to, while the judge looks up at the ceiling and appears wise, and if the answer is calculated to shed any light on the matter in controversy will sustain the objection. But if permitted to answer it is in an inaudible voice to the attorney, instead of an audible voice to the jury. The same bailiff ready to maintain the dignity of the court and keep the inevitable pitcher filled. and a few young lawyer- are absorbing wis- dom. It is not often that a clown gets onto the bench, but it happens occa- sionally, as in the case of Sloan, our first district judge, and later of Judge MelIenry of Des Moines. As a sample of profound legal instruction we submit the charge to the jury by Judge Sloan in the cause entitled the state of Iowa vs. Robert and Margaret Keys, charged with breaking into the store of C. O. Mynster and stealing therefrom some boots and handkerchiefs. It was a gem in its way, as follows:
"Gentlemen of the Jury: I wish to address you. I am weak and cannot be expected to speak long. I do not wish to. You have taken it upon you to try this case and a true verdict give. It has been told you, a part of you should come out of the jury room and a part remain and the jury be discharged. This is to be the last resort. The laws of Iowa have been so framed as to pre- vent evasion. It is provided that if you do not find the charge sufficiently proved in testimony but find a lower degree of the same nature of crime it is for you to act thereon. You will not take into consideration any act or any evidence that is not founded on fact, and is not satisfactory. and you will be aware that much extraneous matter has been introduced, the more solid as well by the prosecution as by the defense. The manner in which the case came up I was satisfied what course would be taken. First the defendant tried to get the other bill dropped and have this one tried, and when they did not succeed they took up the other and agreed to separate trials, and when the prosecution came . to prosecute the bill they again arose and demanded that this case be tried. and
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the prosecuting attorney withdrew the other bill and consented to try this, or I should have held them to the other."
After these instructions the court cited the jury to such sections of the code as he considered best for their guidance and after retiring the jury returned a verdiet, whereon the judge, reproving them, declared he would rather have paid ten dollars out of his own pocket to have had it gone the other way.
The next judge to preside in this county was S. H. Riddle. Although elected all right the canvassing board refused to give him a certificate of election owing to the fact of his not being a lawyer. His opponent also was refused a certificate, which left a vacancy in the office and Gov. Hempstead out of regard to the wishes of the people appointed Riddle to serve until the next election, and in the meantime he was admitted to the bar, was re-elected and held the office until 1858, when he was succeeded by Judge Sears. The first bar was composed of attorneys of average ability. Among them were Orson Hyde, Hadley D. Johnson, A. C. Ford and George Stiles. With the gradual exodus of the Mormons and the incoming of the Gentiles the court assumed more dignity, and although Judge Riddle off the bench was socially inelined, and not averse to a quiet game of draw poker with friends, when sit- ting as a magistrate it was a different matter, as W. C. James once discovered while conducting a case before him in the old courthouse on First street.
During the trial James, presuming upon his familiarity of the court, in the heat of trial reflected upon a ruling of the court in terms unbecoming to the dignity of that or any other court, whereupon the judge ordered him to be imprisoned in the old cottonwood jail close by, which was promptly carried into effect. When court adjourned for noon the judge in passing called to James, saying, "Now, d- you, if you will promise to behave, I will let you out." To which James replied. "I'll be d- if I will," but he changed his mind, apologized and all was lovely again.
As at the dawn of Christianity wise men came from the east. so from time to time they appeared here, though not impelled by the same motive.
Among the first were C. E. Stone, R. L. Douglas, Frank Street, D. W. Price, J. P. Casady, J. D. Test, W. C. James, D. C. Bloomer. A. V. Larimer, and later Caleb Baldwin, Samuel Clinton, W. F. Sapp, Geo. F. Wright, L. W. Ross, C. R. Scott, Robert Percival, Finley Burke, Joseph Lyman and D. B. Daily. All of these became prominent here and have passed to the highest of all courts.
Of these the firms of Clinton and Sapp and Baldwin and Wright were the strongest of their time. A. V. Larimer, D. B. Daily, Robert Percival, R. L. Douglas and later Finley Burke were lawyers of more than average ability.
Continuing with us are W. A. Mynster, dean of the bar association, Hon. Walter I. Smith, Geo. Carson, Fliekinger Bros., J. J. Stewart, Speneer Smith, John N. Baldwin, Mayne & Hazelton, N. M. Pusey, Harl & Tinley, D. L. Ross, J. J. Hesse, E. E. Aylesworth, J. B. Sweet. W. S. Baird. Ballenger & Ballen- ger, Fremont Benjamin, Frank Cappel, John D. Organ, John M. Galvin, R. J. Organ, Reed & Robertson, C. S. Saunders, H. J. Chambers, Simms & Kill- pack, S. B. Snyder, G. H. Scott, Clem F. Kimball, Stillman & Price, T. B. Wadsworth, Emmet Tinley, Herman W. Schurz, Emil Schurz. John Lindt,
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Thos. Q. Harrison, Il. O. Ouren, Geo. S. Wright, G. W. Hewitt. W. H. Ware, F. W. Miller and possibly others.
Of these many have achieved distinction aside from their practice in the courts.
C. E. Stone became mayor of the city; D. W. Price became mayor of the city and also member of the state constitutional convention. Caleb Baldwin became chief justice of the supreme court of Iowa and later mayor of Council Bluffs, was also commissioner to award Alabama claims. Frank Street be- came county judge and later mayor, as also did W. C. James; D. C. Bloomer member of the legislature and mayor of the city ; J. H. Keattey mayor and later judge of the United States court, district of Alaska; R. L. Douglas, judge of cir- cuit court; J. R. Reed, judge of circuit, district and supreme court of Iowa, member of congress and judge of land claims; E. E. Aylesworth, Geo. H. Scott and S. B. Snyder each judge of superior court; Geo. F. Wright state senator ; J. P. Casady county judge ; Joseph Lyman member of congress; J. D. Test member of legislature; W. S. Mayne U. S. commissioner; A. S. Hazelton state senator and postmaster; H. J. Chambers county auditor; C. G. Saunders state senator; W. F. Sapp member of congress; W. H. Ware representative to state legislature; N. M. Pusey state senator; Geo. Carson judge of circuit and dis- trict court, member of legislature, mayor of the city and justice of the peace; Walter I. Smith judge of district court and member of congress; L. W. Ross professor of law in the state university.
As a jury lawyer D. W. Price had few equals and no superiors anywhere. But for an unfortunate dissipation there is no telling to what he might have attained. To Col. Sapp and A. V. Larimer we are indebted for their able services in the cause of the city to compel the U. P. Railroad Company to do us justice, for which they made no charge.
Of our home grown boys several have already achieved an enviable repu- tation and lucrative practice, but as their careers are not closed we will leave the future historian to record their respective merits.
Hon. Caleb Baldwin was the largest man, being six feet six and weighing over four hundred pounds; D. W. Price, the smallest, weighing but one hun- dred and twenty pounds. Judge James and Col. Sapp were the best looking, being each over six feet and weighing two hundred pounds.
The judges of the circuit court, now abolished. were R. L. Douglas, J. W. McDill. F. R. Stockton, C. F. Loofborough, Joseph Lyman and Geo. Carson.
Those of the district court that have presided since Judge Sears, previously named, were James G. Day. James M. McDill, Jos. R. Reed, C. F. Loofborough, George Carson, Walter I. Smith, H. E. Deemer, A. B. Thornell, N. W. Macy, W. K. Green and O. D. Wheeler. The last four now occupy the bench and of the others Judges Day. Reed and Deemer have served upon the bench of the supreme court of Iowa.
THE COUNCIL BLUFFS COMMERCIAL CLUB.
This club was organized in January, 1903, and incorporation papers were gotten out under date of Jannary 28, 1903. Fifty of the most prominent business men of the city being the incorporators.
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Of the original fifty four have removed and four are deceased.
Regarding the purpose for which the Commercial Club was organized, article two of the corporation reads as follows: "The business of this corpora- tion shall be to promote the extension and increase of the trades and industries of the city of Council Bluffs and vicinity in all its commercial and material in- terests; to work for the common good of all in matters touching the general welfare of said city through the consultation and united efforts of the mem- bers hereof; to secure the location of manufactories and other business enter- prises in the city and vicinity; to promote commercial progress and increase trade and industry ; to acquire and disseminate valuable commercial and eco- nomie information and acquire and hold a commercial library ; to increase ac- quaintanec, harmony and good fellowship among the business and professional men of said city, and to secure the co-operation of all citizens in its develop- ment, and to use all such means as may be best caleulated to protect and advance the interests and rights of its members as business men, tax payers and citizens."
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