USA > Iowa > Allamakee County > History of Winneshiek and Allamakee counties, Iowa > Part 42
USA > Iowa > Winneshiek County > History of Winneshiek and Allamakee counties, Iowa > Part 42
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By the change of system in 1870 to that of three supervisors, now in vogue, the new Board was to organize in January, 1871, since when it has been composed of the following:
1871-Thomas H. Barnes, Chairman, Gustav Kerndt, Selden Candee.
1872-T. H. Barnes, Chairman, G. Kerndt, T. C. Smith. In June Mr. Kerndt tendered his resignation on account of poor health, and Abner Wood was appointed to fill the vacancy.
1873-T. H. Barnes, Chairman, T. C. Smith. Martin Moore. 1874-T. C. Smith, Chairman, H. S. Cooper, Martin Moore.
1875-Martin Moore, Chairman, H. S. Cooper, Henry Bensch.
1876-H. S. Cooper, Chairman, Henry Bensch, Robt. Craw- ford.
1877-Henry Bensch, Chairman, Robert Crawford, Joseph .Schwartzhoff.
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HISTORY OF ALLAMAKEE COUNTY.
1878-Robert 'Crawford, Chairman, Joseph Schwartzhoff, Gil- bert Satrang.
1879-Joseph Schwartzoff, Chairman, Gilbert Satrang, N. J. Beedy.
1880-Gilbert Satrang, Chairman, N. J. Beedy, E. A. Blum.
1881-N. J. Beedy, Chairman, E. A. Blum, Gilbert Satrang.
1882-E. A. Blum, Chairman, G. Satrang, N. J. Beedy.
STATE LEGISLATURE-SENATE.
· In the Third General Assembly of the State Legislature, which convened at Iowa City, December 2, 1850, and adjourned Feb. 5, 1851, Dubuque, Clayton, Delaware, Buchanan, Black Hawk, Winneshiek and Allamakee, forming one Senatorial District, were represented by John G. Shields and Warner Lewis, of whom the latter was elected in 1850 for four years.
In the Senate of the Fourth General Assembly, 1852-3, Du- buque, Delaware, Buchanan, Black Hawk, Grundy, Butler, Brem- er, Clayton, Fayette, Allamakee, Winneshiek, Howard, Mitchell, Floyd, and Chickasaw, were represented by John G. Shields, War- ner Lewis, and Maturin L. Fisher.
Fifth General Assemby, 1854-5, the district was composed of the same counties, represented by Wm. W. Hamilton, Maturin L. Fisher, and John G. Shields.
1856-7, Sixth General Assembly, Allamakee, Winneshiek, How- ard, Chickasaw, Mitchell, Floyd, Worth, Cerro Gordo, Hancock, Winnebago, Bancroft, and Kossuth, composed the Thirty-Fourth Senatorial District, whose Senator was Jeremiah T. Atkins, of Winneshiek.
1858-9, the same.
1860-2, Allamakee and Winneshiek composed the 39th Sena- torial District, and were represented in that body by George W. Gray, the first State Senator from this county, during the Eighth and Ninth General Assemblies.
1864-Jan. 11 to March S-Tenth General Assembly, Allama- kee was the 40th District, Senator Geo. W. Gray.
1866-Jan. 8 to April 3, Eleventh General Assembly, this was the 41st District, Charles Paulk, elected to fill the vacancy.
1867 to 1871-12th and 13th General Assemblies, L. E. Fel- lows.
1871 to 1879-14th, 15th, 16th and 17th General Assemblies, Samuel H. Kinne.
1879-82-18th and 19th General Assemblies, H. Nielander, the present incumbent.
HOUSE.
In the Third General Assembly, 1850 -- 51, Clayton, Fayette, Winneshiek and Allamakee were represented by Eliphalet Price.
383
HISTORY OF ALLAMAKEE COUNTY.
In the Fourth General Assembly, 1852 -- 53, Clayton, Fayette, Winneshiek, Allamakee, Howard, Mitchell, Floyd and Chickasaw, were represented by Edwin Montgomery and John Garber.
In the Fifth General Assembly, 1854 -- 56, first district, composed of Allamakee and Winneshiek, James D. McKay, of the latter county.
In 1856-7, Sixth General Assembly, Allamakee was the forty- fifth district, represented by James Bryson, the first member of the House from this county.
In 1858, January 11th to March 23, Seventh General Assembly, this was the First District again, and our member Geo. W. Gray.
In 1860 -- 61, two sessions Eighth General Assembly, Allamakee, Fifty-sixth District, Chas. Paulk.
In 1862, two sessions Ninth General Assembly, Allamakee the Fifty-first District, represented by Joseph Burton.
In 1864, January 11th to March 29th, Tenth General Assembly, the Fiftieth District, Chas. Paulk again.
In 1866, January 8th to April 3d, Eleventh General Assembly, two representatives, P. G. right and L. E. Fellows.
In 1868, Twelfth General Assembly, Pierce G. Wright and Geo. R. Miller.
1870-Thirteenth-Allamakee, 52d District, P. G. Wright and D. Dickerson.
1872-Fourteenth General General Assembly, Henry Dayton and Andrew Landry.
1874-Fifteenth -- Allamakee, the 60th District, Henry Dayton.
1876-Sixteenth-Luther Brown.
1878-Seventeenth-Benjamin Ratcliffe.
1880-Eighteenth-Allamakee, the 64th District, Thos. H. Barnes.
1882-Nineteenth General Assembly, W. C. Earle.
DISTRICT COURT.
Judges-1847 to 1882-Second Judicial District, State of Iowa, after this county was added in 1847, comprised the counties of Buchanan, Cedar, Clayton, Clinton, Delaware, Dubuque, Fayette, Jackson, Jones, Muscatine, Scott, Allamakee and Winneshiek. Judge James Grant, commissioned November 15, 1847, to May 8, 1852, when Judge Thomas S. Wilson qualified, who remained Judge of this District till after Allamakee was withdrawn to help form the-
Tenth Judicial District, created in 1855, comprised Allamakee, Cerro Gerdo, Chickasaw, Clayton, Fayette, Floyd, Howard, Mitch- ell, Winneshiek and Worth. Judge Samuel Murdock, of Clay- ton county, 1855 to 1858. With the exception of Cerro Gerdo and Worth, and the addition of Bremer and Butler, this territory became the Tenth Judicial District under the present constitution in 1858. In 1858 Elias H. Williams, of Clayton county, was
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HISTORY OF ALLAMAKEE COUNTY.
elected Judge, and served until Milo McGlathery, of Fayette county was elected in 1866. The counties of Bremer, Butler, Floyd and Mitchell were detached in 1864, but remained connected with this district (except for election purposes) until January, 1865. Judge MeGlathery served from 1867 to 1874 inclusive. Judge Reuben Noble 1875 to November, 1879, when he resigned and the Governor appointed in his stead Ezekiel E. Cooley, who was elected at the general election in 1880, and is still upon the bench.
District Attorneys, 1858 to 1882 .- At the October election, 1858, Milo McGlathery was elected Prosecuting Attorney for the Tenthi Judicial District, and re-elected in 1862. In 1866 L. O. Hatch was elected to this position, but resigned in 1868, and Charles T. Granger was appointed his successor. At the general election in 1869 Mr. Granger was chosen to continue in the posi- tion, to fill out the unexpired portion of the term until the close of 1870, and at the election of that year he was re-elected. In 1872 he was elected Circuit Judge, thus creating a vacancy in the office of District Attorney, which was filled by the appointment of Orlando J. Clark, and the appointment was ratified at the next general election, in 1873. In 1874 Mr. Clark was re-elected for the full term, and at the close of the year 1878 was succeeded by the present incumbent, Cyrus Wellington .
CIRCUIT COURT.
The Circuit Court was established by act of Legislature in 1868. Each Judicial District in the State was by the act divided into two circuits, in each of which, at the general election in November, 1868, a Circuit Judge was elected for four years. In this, the First Circuit of the Tenth Judicial District, comprising Allamakee, Winneskiek and Howard, Martin V. Burdick was elected Judge; and in the Second Circuit Benjamin T. Hunt. The division into two circuits was found unnecessary, and the two were consolidated. The Circuit Court has concurrent jurisdiction with the District Court, except as to criminal business, and has exclusive jurisdiction as to probate matters. In 1872 Charles T. Granger was elected to succeed Judge Burdick, and by re-election in 1876 and again in 1880 is the present incumbent.
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385
HISTORY OF ALLAMAKEE COUNTY.
CHAPTER V.
Earliest County Record; First Marriage Record; First Records of County Court; First County Warrants; First Statement of Treasurer and Collector's Accounts; Miscellaneous Orders and Warrants; Court House Contracts; Ferry Licenses; Township Organizations; History of Paint Creek Township.
As we have said, there remains not the scratch of a pen re- lating to the official acts of the old County Commissioners of this county, and there is no election record previous to the year 1856. In view of these facts it will be seen that the task was no easy one to prepare the foregoing list of officers, and a great deal of time and labor have been given to it. Taking one fact (of no importance in itself) from one source and another, and so on, and combining or comparing them, we can form very accurate con- clusions in many cases, and we believe this list will be found quite useful for future reference.
The very earliest record we have been able to find in the county offices is in a book of naturalization of aliens, and is as follows:
"STATE OF IOWA, Allamakee County:
"Be it remembered that on the 9th day of July, A. D. 1849, Patrick Keenan, an alien, has this day filed in this office his declara- tion to become a bona fide citizen of the United States, took and subscribed an oath required by law.
STEPHEN HOLCOMB. Clerk of the District Court.
There is nothing whatever to indicate in what part of the county the office of the clerk was situated, but it is supposed to have been at the old mission, or in that vicinity.
The first marriage record is as follows:
"Be it remembered that upon the 23d day of November, A. D. 1849, that a license was issued from this office authorizing any person qualified by law to solemnize a marriage between Elias J. Topliff and Anna Reed.
STEPHEN HOLCOMB,
"Clerk of the District Court."
"This certifies that on the 6th day of December, A. D., 1849, I, " Grove A. Warner, a Justice of the Peace, united the above named Elias J. Topliff, aged 22 years, and Anna Reed, aged 18 years, in the holy bonds of matrimony.
Witness my hand at Allamakee county this 6th day of December, A. D. 1849.
GROVE A. WARNER. Justice of the Peace.
386
HISTORY OF ALLAMAKEE COUNTY.
After these early specimens there appears nothing of interest, except similar documents, until we come down to the time of the establishment of the County Court, in 1851, the very first records of which we find to be the following:
'Minutes of the County Court commenced and held in the town of Columbus, the 18th of September, 1851, by Elias Top- liff, County Judge.
"It appearing to the Court that no tax has been levied for the year 1851, it is therefore ordered by the Court that the following tax be levied and collected to-wit: .
"For State revenue 3 mills on a dollar, and for poll tax 50 cents; for county tax, 6 mills on a dollar; for tax for support of schools, 1} mills; road poll tax, $2; road property tax, 1} mills."
At the October term, 1851, an order was made for a special election, to take place Nov. 18, to decide whether a tax be levied to raise $250 for the purchase of suitable books for the use of the county, and a county seal. At such special election all vacancies in the several township offices were to be filled. But no civil townships had been organized at that date, as near as we can as- certain.
At the November term, on motion of A. J. Ellis, W. C. Thompson was appointed a commissioner to view the location of "Road No, 2," proposed to be established from near Thompson's place in Lafayette southwesterly, "crossing Paint Creek at Riley Ellis' grist mill, thence southward to W. F. Rosses on the divide between Paint Creek and Yellow River, thence on the nearest and most practical route to Esquire Sutter's, south of said Yellow Riv- er, thence southward to county line between Allamakee and Clay- ton counties," and report to the Court. Mr. Thompson reported unfavorably at the following January term, and another route was eventually adopted. It was while on this prospecting tour, and not expecting to meet any white inhabitants except at the points mentioned, that Mr. Thompson ran across Reuben Sence- baugh, who had erected a log hut and was hard at work making a "clearing" in the heavy timber. He staid over night with him, and tried to persuade his host to abandon his attempt to make a farm in the woods and take a claim on the prairie where there was an immense "clearing" already prepared by nature. but Mr. Sencebaugh was too used to a woody country to act upon his ad- vice. He also discovered J. C. Smith, over in the Yellow River valley; and relates how pleasant it was to meet a white man in those days when the settlements were so scattered.
At the December term, 1851, Thos. B. Twiford was appointed to view proposed road No. 3, "from Columbus up the valley of Vil- lage Creek to Geo. C. Shattuck's, and thence to the Winne- shiek County line, near James Cutler's."
Ezra Reid was appointed to view a proposed road from a point at or near where the State road from Paint Rock to Fort Atkin-
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HISTORY OF ALLAMAKEE COUNTY.
son crossed the west line of the county, to school house in Ezra Reid's district, thence [northerly to intersect the Lansing road.
County warrant No. 1 was issued December 2, 1851, in favor of Lester W. Hayes, for services as sheriff in summoning Grand and Petit Jury.
Warrant No. 2 was issued to Wm. M. and Jas. C. Smith for laying out a road "from opposite Monona to the old county seat, in June 18 0," and "two days clerk of election in Franklin Town- ship on the first Monday in May, 1851."
O. S. Conkey gave bond as deputy sheriff under L. W. Hayes.
At the January term, 1852, the county officers presented their accounts and were allowed pay as follows:
E. Topliff, County Judge, to January 1, 1852. $58 77
Jas. M. Summer, Recorder .. 58 77
Thos. B. Twiford, District Clerk (for seven months) 64 92
J. W. Remine, Prosecuting Attorney . 15 00
Jas M. Summer, account as County Commissioner. 15 00
Jas. M. Sumner produced a statement of his accounts as Treas- urer and Collector as follows:
Whole Amount Charged.
State tax.
$195 23
County tax. 497 96
School tax 97 61
Road tax
527 61
Amount Collected to this Time.
State
$ 97 21
County 232 43
School. 48 60
Road. 96 60
Report filed for thorough examination at the next March term.
At the April (1852) term, we find a warrant was issued to O. S. Conkey for services as Deputy County Recorder. D. W. Low resigned as Deputy Assessor May 7th; John Sutter appointed Deputy Assessor by Sheriff Hayes.
June term, ordered that Columbus town lots be advertised for sale, on the terms, one-third down, balance in one year, and the proceeds be applied to the erection of suitable county buildings at that place, then the county seat.
At the July term the county officials, it appears, found them- selves entitled to a small increase of back pay, as follows:
"It appearing from the census returns of 1851 which have re- cently been produced by the Sheriff that the population of this county on the first day of August, 1851, was 1117, it was ad- judged by this Court that the salaried county officers were entitled to receive $200 per annum instead of $150 as had been hitherto supposed; consequently it is ordered that they be permitted to draw upon the county for as much as will bring their salaries to the legal allowance of $200 per annum.
388
HISTORY OF ALLAMAKEE COUNTY.
At the August term T. B. Twiford was appointed deputy As- sessor by Sheriff Thompson. Who was the County Assessor at this time we have been unable to ascertain. We find several ref- erences to a deputy Assessor, and at the July term, 1853, "Asses- sors all present but those of Taylor, Fayette, and Paint Creek townships." In the election register we find that John B. Sut- ter was elected County Assessor at the April election, 1857; but this is the only record in any shape, of such an election.
September 14th, 1852, "petitions were presented by P. P. Cady, John S. Clark, Benjamin Clark and Thos. B. Twiford, asking to be discharged from their liability on the official bond of James M. Sumner, as Recorder and Treasurer of Allamakee County, and the Court being satisfied that the petitioners had good ground of ap- prehension, ordered that a notice be served on the said James M. Sumner requiring him to file new bonds by the 25th day of Sept. inst., or his office would be declared vacated." What these grounds of apprehension were will sufficiently appear from the fact that one of the very first indictments found by the first grand jury, at the first term of District Court, at Columbus, July 12th, 1852, was against Jas. M. Sumner, for wilfully neglecting and re- fusing to make report, etc., and it was ordered that process issue against defendant, returnable at next term of court.
On the 23d of September Sumner saw fit to resign his office, and the vacancy was shortly after filled by the appointment of James Bell, who held the office but a few months and at a later year went to Tennessee, and has not been heard from since the war that we know of.
On the 26th day of November, 1852, an order was made that notices should be issued as follows:
"Notice is hereby given that a contract for building a court house on the County square of Allamakee county, in the village of Columbus, in said county, will be let to the lowest bidder on the fifteenth day of December next, at ten o'clock, at my office in said village. Approved securities will be required for the faithful performance of said contract. Sealed proposals will be received until that day. Any person wishing said contract will be furnish- ed with a plan and specifications of said building by calling at my office.
"Given under my hand this 26th day of November, A. D., 1852. [Signed] ELIAS TOPLIFF,
County Judge."
On the day specified the contract was let to Thos. B. Twiford, with W. C. Thompson and J. M. Rose as security, his being the lowest bid with security. The. amount of the contract is not stated.
The following spring the county seat was located at Waukon, as elsewhere narrated, and to accommodate the District Court, which was to sit in June, the residents of that place put up a
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HISTORY OF ALLAMAKEE COUNTY.
temporary court house in the shape of a small log cabin, in which the court was held. And at the September term of the County Court for that year a contract was made for a new court house, as follows:
"On this 6th day of September, A. D. 1853, being the day (by previous arrangement) for entering into a contract for putting up a county building, the proposition of William Ramsdall being the lowest bid, it was ordered by the court (by said Ramsdall giv- ing sufficient security) that the said William Ramsdall should have the contract, which contract was entered into for the amount of three hundred and twenty-five dollars."
This was the first of the two small frame buildings on the east 'side of Allamakee street, the second of which was built along- side of it in 1857. About this time the town lots of Waukon were offered for sale.
At this term a license was granted to Wm. C. Thompson to establish and run a ferry between a point on the west side of the Mississippi river, generally known as the "Red House Landing," (in the south part of Section 22, Fairview township), and the east side of said river, at or near Prairie du Chien.
October 2d a license was granted to Jas. Brookman to ferry across the Iowa river on the southeast quarter of section 15, township 100, range 4.
TOWNSHIPS.
The county records are very incomplete as to the organization of the civil townships, and in some instances further light is thrown on the subject by consulting the township records. The substance of all we have been able to ascertain in the limited time at our disposal will be found as follows:
Post Township was organized in 1851.
At the February-1852-term of the County Court, Judge Top- liff, a petition was presented praying for the organization of the township of Lansing and defining its boundaries.
At the March term, 1852, a petition was presented for the or- ganization of the township of Makee, and in accordance there- with a commission was issued to Israel Devine to call an organiz- ing election on the first Monday in April following.
At the same term a commission was issued to Ezra Reid to call an election for the organization of Ludlow township.
Also a commission to call an election on the first day in April Union Prairie township for its organization. The court record fails to give the name of the party to whom the commission was issued, but by those who recollect the circumstances it is said to have been Geo. Merrill.
A commission was issued to Ensign Chilson to organize Union City township, by an election on the first Monday in April.
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HISTORY OF ALLAMAKEE COUNTY.
Lafayette township was bounded and commission issued L. W. Low, to call an organizing election at the house of Thos. B. Twi- ford on the first Monday in April.
At the April term, 1852, a petition for the organization of township 96, range 4, was rejected "for reasons too numerous to mention."
The course of Paint Creek was officially recognized as the di- vision line between Linton and Taylor. A petition for the divis- ion of Linton township was rejected.
In the record of the July term there appears a beginning of an entry as follows: "Bunker Hill Township." No township of that name was ever organized, but the uncompleted entry sug- gests that an attempt was made to organize Linton under that name.
At the December term, 1853, we find that boundaries were es- tablished for the following townships: Linton, Taylor, Paint Creek, Jefferson, Franklin and Post. All these townships had held elections previous to this date however, as we have returns from each of the twelve so far mentioned, at the county election of Aug. 1st, 1853, but no account of election of township offi- cers.
At the March term, 1855, the boundaries of Hanorer township were defined, and a warrant issued to Marshall Cass to organize.
Fairview bounded and ordered to be organized, same term.
Iowa township the same, and warrant issued.
May 7, 1855, the name of Paint Creek township was changed to Waterville; but two years later, March 2, 1857, it was again changed to Paint Creek, upon petition of its citizens.
At the March, 1856, term of county court an order was issued for the organization of 'what is now Center township, under the name of Village Creek. O. Deremo was the organizing officer, and "the first election was held at the house of Eric Sund, 8th of April, 1856. Officers chosen as follows: Trustees, E. Sund, C. J. Drake, Thomas Gordan; Clerk, A. Drake; Assessor, O. Dere- mo. Justices of the Peace, Thomas Smith, A. Drake."
According to Mr. Deremo, who has taken pains to investigate and look up these matters, the following are some of the "first things" of Center township:
"The first funeral was that of Jos. Reynolds, a soldier of the war of 1812. The sermon was preached by Mr. Howard. He en- tered the N. W. and S. W. sec. 33, and was buried thereon.
"The first church was built by the Lutherans; it was commenced in 1857 and finished some years later, and stood where the east church now stands.
"The first school meeting was held at the house of E. Howard, May 14th, 1855, J. Reed, was secretary.
"The first school was taught in the winter of 1855-56 by Miss L. Stillman. The school-house was a log building situated in what is now sub-district No. 4.
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HISTORY OF ALLAMAKEE COUNTY. 393
"The first frame house was built by a man named Streeter, on the farm now owned by P. Swenson, in 1850 or 1851."
French Creek and Waterloo townships were also ordered to be organized during the March term of 1856; and these make up the list of the eighteen townships in Allamakee county.
HISTORY OF PAINT CREEK TOWNSHIP.
The following history of Paint Creek township, prepared by John S. Bryson, will be of interest in this connection, and it is to be regretted that no similar sketches of the other townships have ever been written.
"On the morning of the 8th of May, 1850, James Bryson and family arrived at what was then called McGregor's landing, now the city of McGregor, with teams and baggage, and at once started for Garnavillo, the county seat of Clayton county, seeking a home. After resting here two days they, in company with part of Robert Moore's family, who had made a claim on Paint Creek, started for Allamakee county, following the trail via what is now Monona, then called Sodom in consequence of its whisky trade with the Indians, then down Hickory creek to Clark's ford, on the Yellow river, then north to the "old stake" in Jefferson town- ship, now the farm owned by Elias Pettit and a short distance east of his house, and down on to Paint creek, where they camped May 11th, 1850.
"Mr. Bryson located on Sections 17 and 18 where Thomas and Robert Moore and John Ghraim had made claims about nine months previous, while the Indians were yet camped there for their winter's hunt, this being a favorite hunting and camping place for them. They were gone when the Bryson family came in, but the skeletons of their wigwams remained, and the brands and ashes of their camp fires showed that the new settlers occu- pied as they departed.
"Five of the wigwams or teepees stood close by the finest spring on Paint Creek. This spring was covered with a blanket of moss from two to six inches thick, showing that it had been a camping spot for a long time, and the wild deer dare not come to eat the moss, but they did the winter following. We cleared the most of this off the head of the springs and the water boiled up from ten to twelve inches, flowing over the beautiful green moss as clear as crystal and as cold as if it came through a mountain of ice.
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