USA > Iowa > Warren County > History of Warren County, Iowa : from its earliest settlement to 1908; with biographical sketches of some prominent citizens of the county > Part 14
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92
In the court for contesting election of County Superintendent of Warren county, Iowa.
Howard A. Huff, VS.
Elizabeth S. Cooke.
Judgment Entry.
And now on this day, to-wit: the 3rd day of December, 1875, it being the fifth day of the sitting of this court upon the trial of this cause, and after a careful examination of the agreed statements of facts herein, upon which this cause is submitted, and after hearing arguments of counsel, and an examination of the authorities eited therein, and the court being fully advised in the premises, it is therefore ordered and adjudged by the majority of the court that the incumbent, Elizabeth S. Cooke, is now, and was on the 12th day of October, 1875, eligible to the office of county superintendent of Warren county, Iowa. That she was duly elected to said office in said county at the general election held therein on the 12th day of October, 1875. It is further ordered and ad- judged by the court that the statement of the contestant herein be dismissed, and that a certificate of the election of the said incumbent herein be issued to her as provided by law. That the said contestant, Howard A. Huff, pay all the costs of this contest, and the said incumbent have and recover of said contestant, H. A. Huff, and his sureties on his bond herein filed, to-wit: J. O. Watson and J. C. Clarke, the amount of said costs herein taxed at - dollars, and that this judgment be enforced and said costs collected as provided by law.
SAMUEL IRWIN, Presiding Judge. ALEXANDER BURNS, Associate Judge.
Dia zedby Google
135
HISTORY OF WARREN COUNTY
Below is given the dissenting opinion of W. H. Schooley, associate judge.
"I can not agree with the majority, that, under our constitution a woman has the right to hold an elective office. True, there is no express prohibition except in two instances, and I am admonished that the right of a citizen can not be abridged by implication. Yet, where there is room for a doubt, we may certainly look for light at the intent of the legislator. Is there, then, room for a doubt of this question? The fact that for many years no such right was claimed under our constitution, and that even now the most ultra advocates of so-called 'woman's rights' are hesitatingly asserting it, is to my mind evidence of very grave doubts. This evidence is strengthened, too, by the opinion of many very able jurists. At the time our constitution was framed the 'woman ques- tion' was not. All our offices were filled by men, and to have included in the qualification for office the word 'male' would have been as superfluous as the word 'adult' or 'sane.' When the constitution had been completed, if any member of the convention framing it had been asked the question, 'can a woman hold an elective office under that constitution,' the answer would have been 'No.' That this was the universally received opinion, I think no one can seriously doubt. Then, in the absence of better light, I must conclude that its meaning must be the same yet, and its interpretation should be the same. But, it is argued, I am restricting the rights of a citizen by implication. Yes, and you are granting the franchise of office, by implication, and in defiance of what you admit to be the intent of the constitution.
"I find no words in the constitution expressly restricting the franchise of office to adults, except in four instances. Yet I cannot be beguiled into saying with one of my associates, that a minor is eligible to an elective office. If this be admitted it necessarily follows that the babe in the cradle is eligible to the office of chief justice of our superior court, and the very same reasoning will make the lunatie or maniac eligible to the same office, because in neither case is it expressly prohibited by the constitution. The statement of either of which is its own refutation. I must conclude, then, that the rights of citizens may be, and are, restricted by implication. And the exclusion of minors from elective offices was no more patent at common law than was the exclusion of women. Again, it is stated that at common law a woman could hold an administrative office, the duties of which were adapted to her sex, and that the office of county superintendent was especially such an office.
"While I grant the first proposition, I cannot agree with the second. Nor does granting the first help the matter in the least. The office of county superin- tendent takes a wide range beyond and above simply administrative duties. Neither do I consider the daily duties of this office adapted to her sex. If a woman is peculiarly fitted for the discharge of the duties of county superin- tendent, in the name of reason what office is she not peculiarly fitted for, and where can the rule be misapplied.
"The duties of county superintendent compel her to be traveling over the county at least two hundred days in the year. The meagerness of the pay com- pels her to travel alone and unprotected. While we may hope she may escape repeated insult, and may confidently trust that in this county, at least, she will
Digliand by Google
136
HISTORY OF WARREN COUNTY
be safe from open violence, yet we can scareely say that such hope and confidence are based on the record of our publie prints. What husband or father, knowing the criminal history our state is now making, would wish to have his wife or daughter engaged in a business that must compel her to travel over the county alone. What tender, loving mother, can consent to have her daughter exposed . daily for years to the mercies of the vagabond tramps that are now cursing our country. If nature has fitted her for battling with the elements, which can hardly be elaimed, it has not fitted her for exposing and protecting herself alone among all classes of society. I think it must be admitted that woman is peeu- liarly and emphatically unfitted for the faithful discharge of the duties of this office. But it is claimed that there are precedents that should control. Counsel for incumbent have not adduced, and have failed to find a single precedent wherein an elective office has been held by one not qualified to vote for such office. Nor have they adduced a thoroughly contested and carefully adjudicated case wherein a woman has been held eligible to an elective office. Hence, I say we are without precedent, and their claimed analogies have, to my mind, been a failure. I can then but conclude, that, viewing the question under the constitu- tion, with the ordinary rules of interpretation, giving due weight to the intent of its framers, strengthened by common consent for a very considerable number of years, taking into account the nature of the office, the excentive and judicial duties connected with it, the amount of exposure to the elements that its duties entail, the defenseless condition of a lone woman, the lamentable state of society, the significant dearth of precedents, the settled fact that woman has not the elective franchise, the relative rank of the elective franchise and the franchise of elective office, and taking an unimpassioned and reasonable view of the entire ease, I can but conclude that the incumbent is not eligible to the office of county superintendent.
"As to the fourth question: 'Is the contestant entitled to the office?' cir- cumstances have rendered it unnecessary for me to examine it, and I have spared myself the trouble of even settling it clearly in my own mind.
"W. H. SCHOOLEY, Associate Judge."
The contestant appealed from the decision of this court to the March term of the circuit court of Warren county, Judge John Mitchell presiding. The arguments were gone over in substance about the same as made before the court that tried the case, same statements of facts, and after a full hearing, Judge Mitchell reversed the decision of the court below, denying Miss Cooke's eligibility to the office on the ground of her being a woman, and he further decided that Mr. Huff could not hold the office because he failed to receive a majority of the votes cast for superintendent. At the time this decision was announced, the Sixteenth General Assembly was in session, and through the suggestion of Miss Cooke's attorneys, the following bill was introduced and passed, was afterwards signed by the governor and became a law.
Be it enacted by the General Assembly of the state of Iowa :
Section 1. That no person shall be deemed ineligible by reason of sex, to any school office in the state of Iowa.
Digliand by Google
!
137
HISTORY OF WARREN COUNTY
Section 2. No person who may have been, or shall be elected or appointed, to the office of county superintendent of common schools, or school director, in the state of Iowa, shall be deprived of office by reason of sex.
The law was made retroactive. The case was appealed to the supreme court, and the decision of Judge Mitchel reversed, the office given to Miss Cooke.
This contest settled the question in regard to women holding the office of county superintendent of common schools and also the office of school director. Since that time a great many women have filled the office of county superinten- dent with marked acceptability. While it was important to have the question settled, it was quite expensive for the litigants. Miss Cooke had been deprived of her office for an entire year, Mr. Huff had to pay her all the proceeds of the office for that time, but her attorneys' fees and other expenses connected with the suit consumed the first year's income. Mr. Huff lost his entire year's work in the office, and had to pay lris attorneys' fees and all costs, so that it was anl expensive play for him.
MISCELLANEOUS.
Fair Ground Tragedy,
"Which occurred at 9:30 Thursday morning, September 14th, 1905.
(From the Advocate Tribune) Extra Edition.
"This morning at 9:30 lightning struck the tent in which the chicken exhibit at the Warren county fair was contained, killing four men, seriously injuring seven others, two of them perhaps fatally, and severely shocking a number of people in the vicinity of the tent. Following is the list of killed and injured :
DEAD .- Ray Anderson, Indianola. Carl Peterson, Indianola. Blaine Wright, Pleasantville. Theodore Young, Indianola.
SERIOUSLY INJURED .- J. F. Lough, Indianola. J. H. MeGranahan, In- dianola.
SLIGHTLY INJURED,-Guy Berger, Wiek. Joseph Hickman, Indianola. Dr. L. D. Carpenter, Indianola. B. F. Frcel, Pleasantville. J. Flack, Swan.
Medieal assistance was summoned at once, and Doctors Surber, Baker, Hooper, Judkins and Park went at once to the seene of the disaster, and aided materially in the recovery of the injured.
This comes as a terrible shoek to the people of Indianola and Warren county. All summer, the Warren County Agricultural Society has been prepar- ing to hold the largest, best and most thoroughly enjoyable fair that has ever been held on this, its fiftieth anniversary. The buildings were repaired and enlarged, and the grounds beautified, and the exhibits filled better than they have ever been before. No trouble was spared by the association to make this year's fair not only the best that has ever been held in Warren county, but the best ever held in the state.
The weather from the first was not propitious. On Tuesday it rained all morning, and on Wednesday intermittent rains prevented any crowd from gathering. Thursday morning, however, the weather looked more favorable.
Ditzed by Google
138
HISTORY OF WARREN COUNTY
The clouds were lighter and it seemed the rains were over. Early in the morning people began to gather in from the country, and by the middle of the forenoon quite a large crowd had assembled at the fair grounds. Shortly after nine o'clock the clouds began to thicken, threatening another downpour. The wind changed to the northwest and large drops of rain began to fall. The people on the ground crowded into the art hall and the various tents of the various ex- hibitors. The clouds grew thicker and it grew almost dark in the tents. Suddenly at about nine-thirty, there came a blinding flash of lightning, accom- panied by a crash of thunder that fairly stunned the frightened crowd. So brilliant was the lightning that it seemed to those in the tents that the walls had been burned away. They could see out as if there were no canvas interven- ing. The bolt struck the iron tips on the poles supporting the tent containing the chickens, and ran down them to the ground. Ray Anderson and Theodore Young were instantly killed. Carl Peterson and Blaine Wright lived a few minutes after the shock, and every known means was used for their recovery, but it was useless, the shock had been too severe. The dead and injured were at once taken to the art hall, and wherever possible their friends and relatives were summoned by messenger, the telephone wires having been burned out. The hall was at once cleared in order to give the injured air, and everything possible was at once done for the relief of the sufferers.
The cavalrymen, who are here during the fair, aided the medical men most signally. They cleared the art hall of spectators and stationed a guard at the door to keep back the crowd. Many of them assisted skillfully in the effort to restore Carl Peterson and Blaine Wright. Their cool headed assistance enabled the doctors to work to the very best advantage in ministering to the ininred. men
When the bolt struck, there were fifteen or twenty men in the chicken tent. Those who were killed were standing near the poles and so received the full force of the shock. The current was communicated from their bodies to those standing near them. The ones nearest the walls of the tent being the least severely hurt, some escaping with only a severe shock. So severe was the shock that many people on the outside of the tent that were hurrying to shelter, were knocked down.
Inside the art hall J. W. Lundy was engaged in taking a rug from a wire that ran across the room. The wire was struck and burned in two. Mr. Lundy was knocked down, as was Mr. Hickman and others who were at the foot of the ladder, and received the shock by contact with his body.
Immediately following the crash, ensued such a scene as was never seen in Warren county before in the memory of the oldest inhabitants. Wild rumors flew here and there of terrible loss of life, and no one knew but what his nearest and dearest had been struck by the terrible sudden death. Fathers and mothers were hunting frantically for their children, and the children were as anxiously seeking their parents. A dozen different stories were afloat as to the names and number of the dead. Vague rumors came to town of the disaster, and everyone whose relatives or friends were at the fair ground hurried out as fast as they could get there. The rain poured down all the time in torrents, but so strong was the excitement that it was not noticed.
Digitized by Google -
139
HISTORY OF WARREN COUNTY
Gradually the floating rumors were confirmed or denied, and the real extent of the disaster became known. The calamity had been so sudden and severe that at first it was not possible to realize the full extent of it. An expression of horror settled upon the faces of the crowd. The men who had been killed, and those who were lying near death, as a result of the terrible power of the storm. were well known to almost every person on the ground, and were neighbors and close friends to many of them.
Inside the art hall was an affecting scene. The dead and injured had been laid in the booths, and the last services were being performed for those who were beyond hope, while every effort was being made to restore those who were yet living. Strong men wept and were not ashamed of it. The officers of the association looked utterly broken down by the shock. The gathering for which they had hoped so much, had worked so much, had ended in the most heart rending catastrophe that has ever come to this county. Everything that was possible to do for the sufferers and their friends. they did, working heroically to render the necessary assistance.
The bodies of Ray Anderson, Carl Peterson and Theodore Young were removed at once to their homes, and the body of Blaine Wright was taken to the city morgue, no friends or relatives of his being present to claim the body.
J. F. Lough and J. H. MeGranahan are very seriously injured, but it is hoped that they will recover. Both were standing in the tent near the poles where the bolt struck. J. Flack, of Swan, was very seriously shocked, but will recover. Dr. Carpenter. of Indianola ; B. F. Freel, of Pleasantville, and Guy Berger, of Wick, were severely shocked, but it is thought that their injuries are not serious. The best medical assistance was given them, and at noon, today. it is hoped that they will recover in a short time.
The disaster cast a deep gloom over Indianola and the whole of Warren county. The fair-the county's holiday and gala-time, has been turned into a period of the deepest mourning. Men meet each other on the streets and have nothing to say except of the subject that fills everyone's mind. The dead, with one exception. are all residents of Indianola, and have always been known and honored here.
Theodore Young lived in west Indianola, and was well known to many of the people of the town, and respected by all who knew him. Ray Anderson was the son of Austin Anderson, and was one of the most promising young men in Indianola. At the time of the disaster, he was caring for an exhibit of chickens that he had at the fair. Carl Peterson was the son of John Peterson, of Indian- ola, and was a promising lad, well along in his teens. Blaine Wright, formerly a banker at Pleasantville, and a man well known to all in that vicinity. Every one will be missed from the community.
In the face of a calamity, such as the present, mere words of condolence are far too weak to offer to the bereaved parents and relatives of the dead. Their grief is too profound to be comforted by mere expressions of sympathy. But in their deep sorrow. they may be assured that every man, woman and child in Warren county is stricken by the calamity that has been visited upon them, and that every head is bared in respect for those so lately here, but now departed.
Diized by Google
140
HISTORY OF WARREN COUNTY
THE LATEST.
At half past one o'clock, J. H. MeGranahan and the others who were less seriously injured, were getting along nicely. and hopes were entertained for their ultimate recovery.
Secretary Talbott informed us that the fair had been closed. While the rain was sufficient to interfere with the fair today, and had it not been for the sad deaths which occurred, the society would very likely have made an effort to continue the fair, probably holding over until Saturday."
(From the A. T. one week later.)
"The conduct of the troopers of Company G. of the 11th Cavalry, who were at the fair grounds at the time. cannot be too highly praised. Within a few minutes after the shock, they were in the tent helping to remove the dead and injured; and it is probable to the first relief measures employed by them, that some of those who were injured owe their lives. They cleared the art hall and kept the crowd back from the doors. When the dead and injured were removed from the fair grounds, a squad of them accompanied each litter, some of them going with Mr. Hickman to his farm, over three miles away. The troopers of Company G may always be assured of a warm reception in Indianola, for their actions in this hour of need will not be soon forgotten.
The injured are recovering rapidly. J. F. Lough is still confined to his bed, but is considered out of danger by his physician. J. H. MeGranahan is also recovering, and has been out on the streets once or twice. The others are recovering rapidly, and all are considered out of danger.
The funerals of the three dead, who were citizens of Indianola, were held on Saturday; that of Ray Anderson occurring at nine o'clock a. m .; Theodore Young's at two o'clock p. m., and Carl Peterson's at four p. m. The day was one of the quietest. The tragedy was yet fresh in the people's minds. and they could not forget the grief of the parents and relatives of the dead. The stores and all places of business closed from twelve to two. and all labor in the city ceased during the time."
THE GREAT CENTENNIAL STORM, THE MOST DESTRUCTIVE IN THE HISTORY OF WARREN COUNTY.
The Centennial Fourth will long be remembered by many of the citizens of Iowa, and especially by those of Warren county. For years the one hundredth anniversary of the nation's birth had been looked forward to with interest and joyous expectations. Accustomed as are our people to celebrate the recurring anniversary of the nation's independence. this year in almost every village and town, preparations had been made for a joyous festivity. And many of those who did not intend to join in these public celebrations, had made arrangements for receiving friends and neighbors or for joining with them for a day of visit and pleasure. The day was ushered in gloomy enough, as the rain on the pre- ceding night had been heavy. and the indications were by no means propitious for a clear day. But the day wore away without rain. Sometimes clear. and at other times appearing as though rain would fall in a short time. A little
Dky zedby Google
141
HISTORY OF WARREN COUNTY
before ten o'clock p. m., the storm broke in all its fury, and although its con- tinuance in no place was over twenty minutes, and in most places the work was done instantly, yet the destruction of property was immense. Sweeping along from near west, and cansing more or less destruction in counties west of us, the storm, (which was evidently a cyclone of somewhat variable width,) struck our county in the south part of Jefferson township, doing more or less damage in its course, until it neared the east line of that township, where it scattered property like chaff, and destroyed the lives of three persons.
Mr. Hardin, who resides in the northeast portion of section 24, in a heavy, two story building, built in the most substantial manner, whose family consisting of Mr. Hardin, wife and eight children and a hired hand. had retired before the storm came. The house was moved some distance, and the doors burst in before the inmates could leave the house, the walls falling in, crushing all beneath the ruins save Mr. Hardin, who was thrown from the building. When he rose to his feet he was caught again, and carried forty or fifty feet into a patch of bushes. He returned by crawling to the house as soon as possible, but could not rescue his family until the neighbors came to his assistance. An examination showed all of the family more or less injured. and one boy, John, eleven years old, dead. Another boy had two ribs and a collar bone broken.
Mr. Endaly, living on the northwest of section 25, had his dwelling de- stroyed. On that night his family, consisting of himself, wife and six children. his wife's sister. Mrs. Ogden and her three children, were all in the house. As the storin increased the family arose, and while they were attempting to close a door that was blown ajar. the walls collapsed and fell in on them. All the family but Mr. Eudaly, who was blown into the garden, were caught in the ruins. He soon returned and found his own family uninjured, but the light- ning's flashes showed Mrs. Ogden buried in the ruins, and dead. Her child lay on its face on the bed. held down by a portion of the roof, showing that if not killed by a blow it was smothered. Mr. Ogden had gone to Des Moines and was unable to return until Thursday, when he met a funeral procession near Indian- ola, bearing his wife and child to the grave. This was the first that he knew certain of their fate. When he recognized his friends, he cried out, "Oh, where are my wife and children." He was pointed to the coffin for a reply. Mr. Hardin's loss foots up several thousand dollars, and Mr. Eudaly's is something less.
The barn on the old Dr. Ball's farmhouse was unroofed; several buildings destroyed or seriously injured in Lothrop. The other damages in Jefferson township were of a less serious character. Crossing the township line into Washington township, the work of destruction was continued. D. C. Brand's house in section 18, was blown down and himself seriously hurt. J. W. Chew's two houses and a barn destroyed, and himself and wife were badly injured. Mr. Kennedy's house destroyed, and himself and wife seriously hurt. John Cleman's house blown down; John Miller's barn unroofed; James MeIntire's honse moved about twenty-four feet ; J. W. Chew's house off foundation; Jack Hutt's house and barn destroyed ; east end blown out of J. S. Riste's house; J. Reddish's barn unroofed; Mr. Gavin's barn blown down; Mr. Graves' honse and
Diized by Google
142
HISTORY OF WARREN COUNTY
barn both blown to pieces, and himself and wife considerably injured. Mr. Funk and Black, living with Mr. Graves, both injured severely. Mr. Graves was at first supposed to be fatally injured, but he is now recovering. J. Brown's barn injured; Ed. Stanley's house occupied by John Hammond, blown down, and Mr. Hammond injured; Wakefield's barn destroyed; H. Brown's barn partially destroyed; E. S. Bramhall's house and barn destroyed, and Mr. B. a broken arm and otherwise injured; S. Pulse's house blown down and he and Mrs. P. injured. The house of R. Shafer, and also those of his two sons were destroyed. About the center of sections 16, and 24, the storm elond appears to have risen. or at least been less destructive in its effects for half a mile or more, when it again descended, destroying the house of W. Paisley, and blowing his goods in all directions, and also moving Alex. Paisley's house off its foun- dation. The house of J. Lacky was demolished. A little east of this the destruction was fearful. First came the schoolhouse which was entirely de- stroved; Mr. Coventry's barn among those laid low. R. Moore suffered considerable injury in the destruction of small buildings. partial unroofing of his house and so on. W. Noble's barn, on farm formerly occupied by W. Graham, was blown down, as also the barn near his residence. The house on the farm of Robert Graham, deceased, was unroofed and otherwise injured. and the new barn blown to fragments. S. MeElroy's house was moved a short distance. Mr. S. B. Lindsay's residence was blown to fragments, save a small kitchen. and his large barn unroofed. Only the heavy character of the timbers prevented its being blown down. C. Flager's house, just south, was demolished, and his barn though not blown down, is in an unsafe condition for use. M. E. Young's barn was destroyed; Mitchell's house was somewhat injured. and stable and granary nnroofed. J. H. Mahan's barn and ont buildings destroyed, house moved forty feet and upper story off; A. Talbott's honse moved off its founda- tion ; the house on A. P. Keeney's farm blown down, and a daughter of Mr. Taylor, who was living in it. had an arm broken. She was blown over a grove some distance, and was insensible when pieked up. In the house of Mr. I. P. C. Martin, in the same vicinity. was himself. wife and six children; five of the children were found under a large wardrobe which fell. with one end resting on a bed. and were saved. Mrs. Martin and her youngest child were erushed between the bed and the wardrobe. Mr. Martin was carried some distance, but soon returned and sought to extricate his family, but was unable to do so until his neighbors eame to his assistance. His house, barn, furniture and all were blown to fragments or carried away entirely. Mr. Cherey, residing in the house of R. Graham, deceased, was carried some distance. and when he returned his family were in the cellar uninjured. R. R. Simpson's building not much in- jured. Wakefield had his barn injured, and several others suffered similar losses. The upper story of Capt. Berry's residence was blown off. and he sus- tained other injuries; S. A. Wright's barn blown down. Almost everyone in the line of the storm suffered more or less. and while in its violence the tornado did not. at any place, embrace a width of more than a few miles, and in many cases not near so much. its effects were felt much farther sonth ; considerable damage was done as far sonth as White Oak township and the Randolph settlement.
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.