USA > Iowa > Taylor County > History of Taylor 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 Taylor County, Constitution of the United States, reminiscences, miscellaneous matters, etc > Part 36
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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 each 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
Value of
COUNTIES.
Acres
Spring Wheat.
Indian Corn.
Oats.
of Im-
Acres
Acres
Winter Wheat.
Uniin-
under
Products
proved
proved
Culti-
Land.
Land.
vation
No. of
No. of
of Farm
Bushels
No. of
No. of
Bushels
No. of
No. of
Bushels
No. of
No. of
Bushels
in
in 1874.
Acres.
Harv't'd
Acres.
Harv't'd
Acres.
Harv't'd
Acres.
Harv't'd
Dollars.
Appanoose ..
161059
134767
161083
156821
125188
109388
9606
77789
1049
10838
64871
2385243
13756
387346
$1611937
Alamakee.
61880
937639
181
1964
21325
905920
21146
15986
10
97
9225
12776
442829
1415769
Audubon.
23819
6876
33233
Adams
65459
43735
54352
17947
89235
281376
25474
394655
788
7
174
969777
184153
Adair
83182
55680
66265
27550
435014
70
3500
30860
Buena Vista
33118
7888
1402428
3951
141293
4455
159739
695318.
828171
Benton.
297518
37034
53911
27010
239408
15514
162737
13-13666
7
280
83244
228231
99406
3328921
2791
15490
67069
445070
207828
2664995.
Boone.
156987
71810
108642
32505
429257
11
124877
20
84
46151
1595752
38685
1270878
10401
404620
13827
421719
1018453
Butler ..
149498
58908
57907
779167
1209785
Bremer
145967
213025
47001
104810
181256
48878
700
644795
28754
Black Hawk.
150881
1939590
157210
1108024
56592
1026641
14259
518571
89361
1811250
16804
17431
538196
1144620
812342
556209
1898424
Buchanan
19056
71418
64291
48831
Clay.
37059
39919
33375
17481
153159
8797
180120
315215
4436
98766
2615949
123343
Cherokee
54638
28974
45412
31693
401507
9459
3545
115595
35019
Cass. .
110864
58058
45304
92785
1901062
Crawford
283414
15262
40123
21000
676209
824894
40582
17957
648658
9079
2902
176281
99158
1284899
483357
Cedar
248869
41417
166485
40467
640544
26
295
78224
2845921
20243
675837
228097
2606149
Cerro Gordo.
52980
28199
265443
Clayton
212291
309895
48648
173622
415463
1347
21030
9512
1471263
7199
591617
299835
151908
86883
37948
669895
57337
1305125
20024
2081798
Clinton
Chickasaw
96504
94772
74104
68683
40162
1010345
12
428
89297
3061338
23704
702059
3049019
8
Carroll
58065
309744
26756
643519
63
16014
514279
11744
446300
840161
16821
3
20
550041
3238
107577
894656
Clarke ..
99694
50487
39159
78803
217090
7
26618
17968
55
39066
367643
451365
Calhoun.
26996
150938
116003
131597
11040
109631
10
150
1580260
10656
351120
12337
2993
73182
7054987
221613
Davis ...
Decatur
115751
87172
95275
5378
30993
5379
56405
62127
50484
2115569
1763140
13643
10555
345707
8211
77169
817
12239
344551
1608090
1024541
Dubuque
187831
98561
146244
49240
634135
1702391
25115
643322
97618
84
1636132
Des Moines
143665
58165
62305
161357
10615
71728
8688
1720
60401
113396
117310
67118
102924
2307938
9242
287392
Delaware
472029
29850
11961
25822
5
50
56150
1690335
20577
1772992
632113
3183
44455
37282
1693314
Dickinson.
15770
5701
2403
45334
Dallas
132435
57765
114625
29256
445848
7
186
57652
2484898
9937
085124
1502047
Emmet
9989
25586
2197
14273
1549
3241
15244
Floyd
147098
32130
8387
3911
1510
179504
110708
62067
941439
26462
642448
98156
133758
15461
487729
1367377
Fayette.
65590
60779
863670
46
968
37091
1296480
20770
758983
704407
328679
1503127
Franklin
69859
Fremont
115907
43046
198832
103039
31096
455909
24066
1703985
9532
13229
206901
841
16625
73845
5419
179645
777106
Grundy
1482582
1046066
146039
47926
135108
67384
976607
40175
11786
401948
1593977
Green
59940
49838
87259
47220
52323
19391
257760
2
44
783037
4227
Guthrie
76892
22
97765
27489
393574
360
38902
783027
1669134
120948
620905
Hardin
128831
39930
38464
1379961
4145
10982
153505
356945
792461
Humboldt
1066627
29114
115823
36906
27013
497251
41304
12046
20902
9998
297381
307912
8974
90944
200001
Howard
171048
61871
36115
582803|
9916
10210
340268
734409
Harrison
94848
Hancock
10162
837451
72287
23948
143701
84
1200
44720
2067
1620192
3462
69140
786677
Hamilton
341615
9005
52050
4889
70006
57899
1353
48816
89405
63966
39935
20676
294682
20441
670781
168262
Henry.
182080
50249
110831
15026
180220
9041
113203
62672
2415670
5108
13393
358221
52762
1765670
Ida
7292
9494
6514
3108
48815
1080
2301
€2518
108465
2713830
455
14060
7482211
Iowa .
191041
89357
158488
48410
670247
36
7942
11756
Jackson
241021
142401
142401
43515
550000
819071
193290
491
1665518
23652
521156
2005049
1750091
Johnson
278881
71257
193019
45306
666779
53962
100
1274
77142
8158178
17760
522197
2447875
Jasper
208907
179752
63298
216949
79926
1107170
100217
65423
4525889
532239
462478
1909534
15267
140684
36090
409
18260
464824
2916838
Jones ..
31
1696416
Jefferson
167389
66979
125590
16237
164904
6192
66739
55061
1695510
14005
446128
1530140
Keokuk
208125
98999
149672
28835
83278
368528
148
1363
75697
3327282
15582
447603
1919728
Kossuth
31550
48793
10798
140
5143
27857
105306
Lee.
183832
108952
78692
59757
133580
10851
13139
119777
72624
15400
9781
200407
59863
2190306
11817
279069
47022
1902530
12665
342164
1631518
Lucas ..
1030554
15872
318841
88857
Lyon.
12766
13954
153587
76742
31
329
8132
54
2645
10396
3477
13789
32651
Linn
281118
62649
175655
52178
656597
12
91773
3439923
Louisa.
151007
52922
160
70176
100066
79764
199939
1388
16267
49642
2184658
22670
585648
2590052
6792
1665739
Mitchell.
126384
14078
542662
Mahaska
232398
122490
94133
175755
1591878
150368
65534
:083811
205
83775
411.61
34362
395532
2697
11274
3768209
:6646
496248
2195785
Marion.
199669
141512
82779
153214
99837
45136
529663
189
2212
84630
38350+3
10937
335746
2181346
Mills
53604
24385
137979
342961
$2
Madison
188709
543
59543
15339:6
232639
161998
25
434
69494
2953630
6528
102215
37553
628314
1738916
9.43
285103
1003509
1709030
Monroe
Marshall
78206
223735
47552
91730
117303
11638
101413
263
5584
241081
938362
21
45575
· 1/12
67699
2808256
43611
465245
2368278
Monona
52242
56278
39844
69895
112538?
200
15334
183811
21577
818388
2304
66475
447665
Muscatine.
Montgomery.
178945
104633
48832
129699
32375
416471
63
629
54760
39251
1715973
1441467
13287
405562
1747906
83626
50607
86026
O'Brien
26134
1381
8
166
106052
5322
14904
551539
3107
201635
53931
1072127
32070
191542
Osceola.
18490
31406
207689
14651
8769
157526
6379
74757
2510
17279
26829
Polk
56841
140450
37686
563389
21
394
77497
8981
3272040
1390
69581
Pochahontas ..
21928
35572
124630
19219
90679
7434
30774
229263
12188
431841
2140023
2541
40494
112666
Pottawattomie
419489
5278
1252629
Powesheik
208989
156782
48697
175471
171588
33369
588971
63
475
47258
1750038
168081
115484
57312
762826
333565
2393022
355792
86748
Page ...
22689
1220
20235
71386
3571105
22390-43
11416
9758
346507
1293463
Plymouth.
58233
18517
51912
44379
33628
442736
10
160
10097
6641
175778
4161
120437
434123
Palo Alto.
32225
Ringgold.
142957
2979
46859
18400
58829
16679
325
96616
19123
50373
8606
23208
185742
10926
78851
125
1762
35613
1145937
9118
255007
1115782
Scott
235515
47698
762315
40
618
59071
2226346
15915
528868
3041873
Story .
148649
43874
99387
343265
1033743
Shelby
39326
8
20
11273
53180
39824
367394
47230
26658
330897
51273
17674
1783477
22029
689556
2254
71676
573026
Sioux.
31336
47201
33515
24179
22996
317944
251286
6780
32038
4591
45096
166980
Sac ..
11056
110094
10
8662
279716
3035
6599
238880
Taylor.
102861
235515
8718
90222
79442
48260
269657
908476
Tama
255182
57005
33216
214941
15446
206813
244
3068
73251
1419680
2842859
13574
384469
2316405
Union
153674
99328
45826
97013
10586
1437807
141188
Van Buren
53
24063
6127
187748
624260
113263
117689
7455
58808
10928
960
121854
50211
1130930
1823622
12596
353698
1439586
Wayne ..
147766
66795
194265
153737
10375
76346
143
1236
65625
13242
367396
1361876
Warren ..
167178
910
2405187
80280
3561365
8391
281510
2208392
Winnesheik
Woodbury
246140
131670
259169
42175
654679
61
27185
24307
8216508
2265252
44179
57097
33097
112175
1813465
977316
Worth.
45957
32157
15243
218875
14647
490371
91647
298209
48927
23092
410487
3530
122291
3072
4445
161557
396506
Washington
225176
55552
97238
61744
157884
70910
41646
30554
469879
1439
14193
73265
28713
2832241
15701
453320
2035264
Webster.
391051
5
917911
7491
207493
733342
Winnebago.
Wright
17589
30625
12421
35516
32387
28957
8939
13629
162281
11
270
1374
52425
1327
45109
140219
Wapello.
150209
63491
135173
17368
196166
10089
281821
4134
135176
288685
157535
1617
16159
57035
2143791
11570
293590
1455319
Totals.
12627850
8410435
9354905 3690711 42669731
69188
759277
4700176 186284542 982994
29144352 $131536747
Baft. Let Brooks
History of Taylor 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 advan- tage the wilderness, all present to the interested person fruitful themes for reflection. They, too, present the peculiarity of becoming ever more inter- esting the more they are studied; and the longer they are critically viewed, the more replete with suggestion are they bound 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 developments of that life as a whole. The doings and dealings, the thoughts and imag- inings of the individual, however strongly they may reflect the characteris- tics 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 units 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 vari- ance 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 individuals, but the united whole. It is this feature that renders history possible-that places it far beyond the scope of mere biography, that admits of those broad, deep generaliza- tions which men call laws, and which are the very foundation-stones of the philosophy of history, and without which there can be no intelligent com- prehensions of the developement 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 philosophical deductions they should be general enough to warrant broad inferences, and
1
322
HISTORY OF TAYLOR COUNTY.
specific enough to apply to the minutiæ of the smallest political subdivi- sion. 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 flourish, 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 talks and conversations, and how life dealt with them. This is the most difficult part of history to reproduce accu- rately, but it is often all that gives us the clearest and most vivid insight into the spirit of the past. This important element should never be over- looked, for in no other manner can the intellectual growth of the people, the amelioration 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 in- terests of the present. The events that are thus recorded are such as oc- cur at our own doors, were compassed by men whom we know, and which affect our own 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 or- igin in remote times, and which are historical in the largest, fullest, truest sense, freed from myth, or conjecture, or uncertain tradition, read the promise 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 stu- dent 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, and 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.
323
HISTORY OF TAYLOR COUNTY.
The history of a county exhibits a much more limited series of facts in their proper connection, of which, indeed, each individual one is interest- ing in its proper place-doubly interesting, perhaps, because it marks the progress of thinking, toiling men in our very presence; men who have lived in the same moral and social atmosphere, struggled for the same ends for which we have struggled, acquired their experience and reputation in the same manner, and exhibited the same loves and hates, the same pro- clivities and sympathies. This is the purely biographical element of his- tory; that element which opens to us the sources of human activity, and enables us to read how far and in what manner the views of individuals became impressed on public life and morals. It enables us to know the kind of men who became leaders, to note the conditions and results of their successes or defaults. This is the part of history directly affecting the in- dividual man, for from it does he select his type of character, of thought, and of conduct. The remark of Plutarch is most applicable to the realiza- tion of individual hopes and wishes, for it depicts the true conditions of success.
Says he : " Whenever we begin an enterprise, or take possession of a charge, or experience a calamity, we place before our eyes the example of the greatest men of our own or of by-gone ages, and we ask ourselves how Plato or Epaminondas, Lycurgus or Agesilaus, would have acted. Looking into these personages as into a faithful mirror, we can remedy our defects in work or deed. Whenever any perplexity arrives, or any passion dis- turbs the mind, the student of philosophy pictures to himself some of those who have been celebrated for their virtue, and the recollection sustains his tottering steps and prevents his fall."
NAME AND POSITION.
The county of Taylor is so named in honor of General Zachary Taylor, the one so famous in the war with Mexico. He was a native of Virginia and was born in 1784, shortly after the nation in which he was to form so conspicuous a part had gained a name and place among the empires of the earth. He was commissioned a lieutenant by President Jefferson in 1808, and had spent forty years in the military service of his country when he was chosen by the Whigs to lead them in the contest for the presidency in that year. When called to this important position he was without polit- ical experience, but he was a man of nerve and stainless integrity, of great firmness, a sincere patriot, and possessed of strong good sense. He was elected in the fall of 1848, over Lewis Cass, of Michigan, the Democratic
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HISTORY OF TAYLOR COUNTY.
nominee, and Martin Van Buren, of New York, the candidate of the anti- slavery or Free-soil party. His inauguration occurred on Monday, March 5, 1849, since fourth of March fell on Sunday in that year. His success in the war with Mexico had made him both famous and popular, following which, his nomination and election to the highest office in the gift of the . people seemed to place him very prominently before the American public. July 9th, 1850, the chief magistrate died, amid the grief of a whole coun- try, and after an occupancy in the presidential chair of sixteen months. When, therefore, the General Assembly came to determine the limits of this county it was decided that it should have the name of the chief man in the nation, for the county's limits were fixed in 1849, during the life of Taylor. The name of the great soldier was destined to be honored again in war by heroes from the county which bore it.
The county is situated in the southernmost tier, sixty miles east of the Missouri River, and is the third in the order to the eastward. It is a little less than twenty-four miles square, and contains an area of some 343,680 acres, or about 537 square miles. It has the nominal sixteen congressional townships, but owing to the correction line which passes through this county, they are not all full townships. The townships are Nodaway, Holt, Grove, Platte, Dallas, Washington, Marshall, Grant, Mason, Benton, Clay- ton, Gay, Polk, Ross, Jackson and Jefferson, the four last named constitut- ing the southern tier, and hence facing the State of Missouri, which bounds the county on the south. On the west it is bounded by Page county and on the north and east by Adams and Ringgold counties respectively. The south boundary line is not a due east and west line, but slightly oblique, hence this tends to diminish the area of the county. The correction line passes through the county in such a manner that Gay and Clayton town- ships are the two smallest, and Benton and Mason next them in size. The first is five sections by six; the next, Clayton, is five sections by five and one quarter; Benton, six by five and one quarter; and Mason, the same as the last. Their differences are more clearly discerned on the map accompanying this volume.
SURFACE FEATURES AND DRAINAGE.
The general dip of the surface of the county, averaging two feet to the mile, is west of south, and consequently all the major streams flow in that direction, and its surface waters find their way to the Missouri,* the " Big
*In Shea's "Discovery of the Mississippi Valley" there is a note on this word to the effect that "Pekitanous," or muddy water, prevailed until Marest's time, 1702, about which period it was called "Missouri," from the fact that a tribe of Indians known as Missouris inhabited the country at its mouth.
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HISTORY OF TAYLOR COUNTY.
Muddy." The most considerable stream in its limits is the west branch of the One Hundred and Two River, which itself divides into two consider- able streams near the north line of Mason township. The extreme north- western part of the county is drained by the East Nodaway which enters it from Adams on section six, Nodaway township, and leaves it to enter Page county on section six of Dallas township. Into this stream a few minor ones flow, but it drains a very inconsiderable territory. The west branch of the river One Hundred and Two enters from Adams county on section one of Nod- away township and after flowing in a nearly southern direction through Noda- away (first entering the northwest corner of Holt township), Dallas, Mason, and Polk townships, finally leaves the county and the State on section twenty- seven of the township last named. Shortly after its exit it is joined by the middle and east forks of the One Hundred and Two and their conjoined wa- ters flow on to the Missouri. The middle fork is the most inconsiderable of the three, and take its rise in Washington and Marshall townships, the former being almost entirely drained by the middle fork. The east fork of this river takes its rise in numerous small streams in Platte township, leaving it by two main branches on section three which unite on section one of Marshall township; it thence flows southwest, leaving Marshall on section thirty-three to enter Clayton on section four, to leave it on as much of section eighteen as that township possesses, and enters Benton. It flows past the city of Bedford and leaves the township on section thirty-four, entering Ross on section three, which it leaves on section thirty to enter the State of Missouri. East of the last mentioned river is Honey Creek, which rises in Ringgold county and enters Taylor on section twelve of Grant township. It flows southwest- wardly across Grant and Clayton, entering Jackson on section thirty-two, where it immediately turns to the south and continues in that course until it leaves the State.
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