USA > Iowa > Johnson County > Leading Events in Johnson County, Iowa, History > Part 7
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Among the first acts of the county commissioners after as- sembling in Iowa City was the granting of trade licenses to Asaph Allen and Walter Butler, who were permitted to con- duct taverns in Iowa City by the payment of thirty dollars in fees. The salary of the county treasurer, Wheton Chase, was allowed, it having reached the sum of one dollar and sixty-eight cents. The rate on' grocery license was fixed in the case of Henry Buck at fifty dollars for one year commencing in De- cember, 1839. On the same day McKee and Company were granted a license for a store in Iowa City at eighteen dollars per year. The article sold seems to have fixed the fee, the grocery license usually carrying with it the privilege of retail- ing spirits." The surveyor of the territorial road from op- posite Oquawka, Ill., to Napoleon, John Gilliland, was allowed two dollars and fifty cents for his services, while Jacob S. Rinearson and Daniel Brewer are the first road commissioners to receive mention or pay for their services. The matter of roads is made a special topic and can be mentioned here only for the purpose of illustrating the business of the county com- missioners.
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An order issued for money to be paid to Samuel C. Trow- bridge, the sheriff, on January 2, 1840, is marked as follows: "This order to have preference." This is in harmony with the law concerning money advanced for county purposes found in the act organizing such board, which reads: "Where money has been advanced by any clerk or other county officer for use and benefit of the county, pursuant to the requisitions of law, the board of commissioners shall order such money so ad- vanced to be first paid." 16
A case calling for the interpretation of the law arose early in the history of the commissioners, as is shown in the follow- ing petition filed with the board at the session, held in January, 1840:
"To the Honorable Board of County Commissioners for the County of Johnson and Territory of Iowa:
"Sheweth unto your Honors your petitioner, W. Butler, a citizen of the county aforesaid, that at the session of your body in October last [1839], your petitioner in compliance with a statute of Wisconsin applied for a license to keep a tavern in said county; that your petitioner obtained the said license up- on condition of paying to the county treasurer thirty dollars, that your petitioner paid the same to the county treasurer and filed a receipt for the same with the clerk of your body. That the said clerk accordingly issued a license to your petitioner, for the purpose aforesaid, in proof of the above statement your body is referred to the record and files of your honorable court. Your petitioner is informed and believes that at the time such license was issued there was no law in force in this territory, authorizing the same and that your petitioner has in fact received no compensation, or equivalent therefor: your petitioner therefore prays your honorable body to grant to your petitioner an order on the treasurer of the county for the said sum of thirty dollars so paid by your petitioner as afore- said and as in duty bound, etc. Walter Butler." "7
After due consideration the commissioners decided that license was issued and fee collected according to law, and the petition was not granted. William Sturgis, who had been com- missioner from the beginning until July, 1839, received his pay, probably in county orders, amounting to fifteen dollars, at the meeting in January, 1840, and a brief adjournment was taken
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until four o'clock on the afternoon when business was resumed. Preferred orders were issued to commissioners for money ad- vanced, suggesting the patriotic nature of these men who paid cash and were often forced to wait for an indefinite period before county orders were paid. The frequency of the issues of licenses indicates the growing trade of the community, which increased very rapidly from this time.
David Cox appeared and made personal resignation of his office as constable, asking to be relieved from further duties connected with that office, which resignation was duly accepted by the board. At the following session Frederick Disinger was appointed constable in the place of Cox resigned, in addition to William Black, who was appointed to the same office, sug- gesting an increase in police duties.
The next session of the court was held on January 27, 1840, and an important action concerning the county seat was taken,. indicated by the motion made by Henry Felkner, by which the board of commissioners were "to view the several adjoining quarter sections of land to the seat of government [of the ter- ritory ] and upon examination the commissioners decided upon the northwest quarter of section fifteen in township seventy- nine north, and range six west, of the fifth principal meridian for the seat of justice for said county." It was then ordered that Philip Clark, one of the commissioners, be authorized to repair to Dubuque and enter, if possible, the aforesaid quarter of land for county purposes. . Moreover it was further ordered at this same session "that a memorial be forwarded to Con- gress directed to the care of Hon. W. W. Chapman, our dele- gate in Congress, requesting that body to pass a law authoriz- ing the aforesaid Board to locate upon the aforesaid quarter section of land for county purposes." The energy of the com- missioners is to be commended for the two methods by which they could secure the quarter were immediately pursued in or- der to prevent any possible loss of this particular parcel of land.48
So far as classification of business matters is concerned, the method followed by the early county board was what might have been expected in the prelimianries of a new country be- fore any definite grouping of duties had been made. All busi- ness of whatever nature was under the direction of these three
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men. The few items quoted are sufficient to indicate the usual routine of these meetings, and their action on county matters continued in this general plan until they were succeeded by the county judge in 1851.
MONUMENT MARKING Southeast corner Section 10, Seat of Government
An effort is made to classify their numerous acts under prop- er headings since all the first records are found over the signa- tures of the men chosen county commissioners.
The capitol commissioners selected by the council and house
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of representatives of the territory of Iowa met at Napoleon according to the act of the assembly, approved January 31, 1839, and proceeded to select the site for the seat of govern- ment to be called Iowa City. This selection was made on May 4, 1839. This was not, as it has been mentioned, the county seat, and no authority was given to the county commissioners at this time to re-locate the county seat or to move from Napo- leon to Iowa City, as they did on October 7, 1839.
The capital of the territory of Iowa was located on section ten of congressional township seventy-nine, north of range six west, and the entire section was surveyed by Thomas Cox and Leander Judson, according to their endorsement of the plat as completed on July 4, 1839, Chauncey Swan being the acting commissioner during this survey."
The act to re-locate the seat of justice of Johnson county was approved December 31, 1839.50 Nevertheless the commission- ers met in Iowa City at the house of F. M. Irish, previous to this as mentioned, but they took no action upon fixing a new location until January 27, 1840. They were allowed ninety days in which to make the selection and therefore were acting in accordance with the provisions of the territorial legislature. There may have been good reasons for their moving to this vicinity before this date and unless some evidence is found to show they were moved by some other motive than the county's interests, one cannot justly condemn the action at a time when all things were somewhat confusing. It was a time of moving, and to be near the scenes of action in the new capital was rea- sonable, if they broke no law in so doing. Acts of theirs per- formed elsewhere than in the town of Napoleon, the legal seat of justice for this county until the relocation act was passed, might be questioned, but it appears they never have been. Napoleon may have been indefinite in extent, or limited by the bounds of the county, so far as legal acts are concerned. Ac- cordingly they selected the northwest quarter of section fif- teen, joining the capital section on the south, Court street as now named being the section line. Then it was that Philip Clark, one of the commissioners for so many years, was author- ized as agent of the board to hasten to the land office at Du- buque and preempt this quarter for county seat purposes.51
A memorial was forwarded in care of W. W. Chapman, del-
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egate in Congress from this territory, petitioning the national government by special act to authorize the commissioners to take possession of this quarter for county purposes. Con- gress was probably too busy to deal with such small topics, and the survey of the site did not occur until November, 1840. It followed the plat of the survey of "Iowa City," the seat of government for the territory. Philip Clark was to superintend the survey of the entire quarter. He made his report on No- vember 21, 1840,52 and the sale of lots was to begin in May, 1841. To advertise this sale two hundred bills were "struck or print- ed" and circulated as widely as possible.58 It was similar to an ordinary public sale, but it required no imagination to see the difficulties in selling lots in a new town, or two new towns, so near together. Financial matters were entirely separate, yet it is easy to see how the buying public would prefer to pur- chase lots in the capital rather than those in the county seat. The terms were liberal enough, from present measurement, one-fourth cash, one-fourth in six months, another fourth in twelve, and the balance in eighteen months. Prices are not given in this record. The terms were somewhat different from those on lots in the capital city sale. Those required one-third cash, and the balance in one and two years. The territory must make a deed to the purchaser at the time of the final pay- ment, which was probably the custom of the county in the sale of its lots.
The county seat officials were quartered in a room belong- ing to C. F. Holly from October, 1840, until April, 1841, and all things were temporary. Jesse Berry furnished a room for the district court and for elections and elsewhere we find his bill. The clerk was authorized to rent a room for his own use where the commissioners might meet, which illustrates the unsettled condition of all affairs at this time.54
Lot sales in the county seat began as expected on May 24, 1841. A simple line tells of the work that was accomplished on that day: "Board sold town lots during the day and ad- journed until Tuesday morning at nine o'clock." 55
The total sale of lots in the county seat for nearly four months amounted to less than three thousand dollars. As the cash payment was but one-fourth, this was the revenue on hand to pay the county bills, which at this date were depending on
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this source for payment. In order to care for the property, to prevent trespassers from carrying away the timber or otherwise disturbing the property, the county treasurer, now W. R. Harrison, was made the agent of the board. Further- more, to hasten the collection of payments on the lots sold they were made subject to forfeiture after sixty days, and notice was given to that effect through the Iowa City Argus and the Iowa City Standard.56
The territorial assembly in 1841 passed an act authorizing the commissioners to appoint an agent to dispose of real es- tate belonging to the county.57 . In accordance with this pro- vision, F. H. Lee, afterward the first county judge, was ap- pointed to care for the financial part of the real estate in the county seat. The term, agent, here means a specific appoint- ment, not a general agency. His duties defined in the act were to sell any real estate of the county; to issue a cer- tificate to the purchaser in which the terms were distinct- ly stated, and within ten days after the sale, to deliver a copy of the certificate to the clerk of the board of county com- missioners. Blocks numbered twenty-seven and twenty-eight which lie between Lafayette and Benton, and Clinton and Linn streets, were ordered sold at one time for eighty and sixty dollars respectively, but this was apparently too high, for the one numbered twenty-eight was reduced and sold to M. McGin- nis for thirty-seven dollars and fifty cents. Lots one and two in block eighteen, which are now next to the railroad and facing Ralston creek, were offered for fifteen dollars each. Later, in 1850, lots two, three and four, block six, which is on south Capitol street, were reduced to a minimum price of thirty dollars. The one on the opposite side, fronting on Madison street, was ten dollars cheaper. Location and name even then had an influence on values that cannot now be measured since the conditions have changed. The county agent, F. H. Lee, was instructed by the board to sell all lots surveyed, and he was also authorized to lay out an addition "along the river as far as the creek," then all that part of the county seat quarter lying east of the creek and unsurveyed should be platted for a burying ground.
A. D. Stephens had claimed the quarter on which the county seat was located, and in order to adjust his claim, if possible,
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the commissioners held a special session on May 14, 1842. This was done in the form of a donation to the said Stephens, on condition that he relinquish all right, title, and claim on any other part of the county seat tract, of the west half of block one, which includes four lots lying on Dubuque street, between Court and Harrison.59
To enter the county seat quarter it required about two hun- dred dollars in cash. This was secured by notes given for lots sold, which were used to raise the amount.6º In a neighboring county, which had the same experience, a citizen put up the money on the proposition that he be given twenty lots in the new county seat plat which were apportioned by the county commissioners of that county in a just division throughout the plat. What other counties did would be an interesting question. F. H. Lee appears to have been an efficient agent and the board continued him in office until April, 1846, when he was succeeded by William McCormick.
Lots were sold at cut prices in 1845; the commissioners seem to have become discouraged with the outlook or were in great need of money. Prices were cut in halves for all unsold lots and for half the original prices of forfeited lots.61 Even the "graveyard lot" mentioned as lying east of the creek was offered for one hundred dollars, on the usual terms, but with the additional provision "that the purchaser must remove the dead to the burying ground in Iowa City and inter them in a decent manner or to enclose said remains [graves must be intended] in such manner that they shall remain free from trespass of animals or otherwise." 2 In this order there seems to be a distinction made between the county seat and Iowa City.
Events in local history suggest the rapidly changing finan- cial conditions. In 1847 those who held county orders could pay them to the treasurer on lots they might have purchased and on which notes were given. These orders became the same as cash in payments, indicating the increased ability of the county to obtain cash from other sources than the sale of lots. The increase in business which paid a license helped to make this possible, and more property became subject to taxation. All these topics are suggestive of larger study than can be given here. The man who had faith in the future of the county
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seat and the ability of the county to cash its paper in the future, could, provided he possessed some capital, do a thriv- ing business in county orders. They could be purchased at a substantial discount, and bore interest at what would now be considered a high rate. These were usually held by the specu- lator until money came into the treasury to cancel them. James Trimble, while building the court house, sold his orders for cash. The rate of discount is not available at this date, but Samuel Workman, afterwards postmaster in Iowa City, pre- sented several orders issued to the contractor Trimble, and on each the interest had accrued until it became a large fraction of the principal.68 The cost of the first court house cannot be estimated as represented in figures in payments to Trimble; the interest added is to be counted a large additional item. Since credit is now so well established the cost of such im- provements has become a far different matter.
An unappreciated body of men, those who endeavored to place the county affairs on a firm foundation, are called county officers. They are much more than the name implies, for their duties are not confined to county affairs. The state may com- mand them on one hand, and the general government on the other, in many particulars not necessarily published in the laws. No county organization was possible until some pro- vision was made for officers. These the laws of the territory provided for in the election of county commissioners. The first members of that body for Johnson county were Henry Felk- ner, Abner Wolcott, and William Sturgis, with Samuel C. Trowbridge sheriff and Luke Douglass clerk. These men formed the county organization in March, 1839. William Sturgis did not hold office long. He was succeeded by Philip Clark in October, 1839, while John Eagan appears as deputy sheriff in July, 1840, and David Cox was appointed a con- stable for the county at the same session. At the close of this
session Luke Douglass resigned as clerk, and Stephen B. Gardner was appointed in his stead. The latter served the board of commissioners for the remainder of their history, or until August, 1851, when the county judge succeeded the board of county commissioners."+ John Parrott succeeded Henry Felk- ner as a member of the board of commissioners in October, 1840, and the report of John Eagan as county treasurer ap-
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pears for the first time. No cash is mentioned; orders and receipts are the items. From the record one must draw the conclusion that Ezra Bliss succeeded Eagan as treasurer, with a possible service of Wheton Chase just before him, and owing to his absence from the county, James Lee was appointed to his office, receiving a certificate to that effect "forthwith."
On the morning of January 5, 1841, Abner Wolcott, a mem- ber of the board of commissioners, offered his resignation which the members present accepted, and the clerk was ordered to make out and deliver to the sheriff notices for an election to be held at the usual places, on Saturday, the 30th day of Jan- uary, for one commissioner to fill the vacancy. James Cava- nagh was elected to this office, taking the oath required by law on February 8, 1841.
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The office of treasurer became vacant again by the resigna- tion of both the regularly elected officer Bliss and the ap- pointee Lee, on the same day that Cavanagh commenced the duties of commissioner. Lee had been appointed by the com- missioners to act as treasurer, but an election is called this time to elect a successor, which action seems to have been due to the actual vacancy after Bliss resigned. Before this time he was "absent" and Lee acted in his stead. A report from both these treasurers was made in April, 1841, when accounts were closed with them. Ezra Bliss, Jr., is described as "one of the late treasurers." 65
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Through the presentation of a bill by J. P. Hamilton his office is determined. He held an inquest on the body of one "Cain" and the commissioners rejected the coroner's bill as uncalled for since "every one knew how Cain came to his death; and an inquest was not necessary." 66
The duties of office seemed to bear heavily on some of the citizens before "office seeking" became fashionable on the part of many men. Samuel Dilley refused to keep the authority of a constable for Johnson county in the third precinct, in 1842, resigning his office and returning the certificate of election, and John A. Hedley was appointed to succeed him. Nathaniel Fellows appears as commissioner for the first time at the Oc- tober session, 1842, and took up his duties with Philip Clark and James Cavanagh. Walter Butler began his labors as county sheriff at the same time, succeeding S. C. Trowbridge;
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while William P. Doty was made his deputy. William R. Har- rison was selected for treasurer at the special election in 1841, and held this office until succeeded by Thomas Snyder in 1842, the first report being made by the latter in January, 1843, for the first and second quarters of the financial year.67
Edward Foster became a county commissioner in November, 1843, his name appearing on the records for the January ses- sion, 1844, but not before. Major P. McAllister became sheriff after Walter Butler, commencing his duties so far, at least, as to be present at the commissioners' session, in April, 1844. Walter Butler's name appears the last time in July, 1843, he having died while holding the office. At the elec- tion in 1844, Warner Spurrier succeeded James Cavanagh as commissioner and served his full term of three years.
F. H. Lee, afterward the first county judge, became a mem- ber of this board in 1845. Philip Clark succeeded Foster the following year, 1846, and Geo. B. Paul succeeded McAllister as sheriff with G. W. Hess as deputy.68 John D. Abel was sher- iff from some time in 1847 until the close of the period of the commissioners in 1851, when the duties of this body were as- sumed by the county judge in August.69
Thomas Snyder served for several years as treasurer before he was succeeded by Hiram Watts in 1847. Both these officials were called upon to make numerous reports of the financial affairs under their direction.
The custom of adding new material to the board of county commissioners seems to have prevailed during this period, since a new member appears at almost every election. Henry MeDowell became a member in 1847, Archibald Gilleland in 1848, Geo. Fisher in 1849, David Wray in 1850, and at the last session of these officials, their last act on July 29, 1851, was to pay themselves for services, the board then consisting of the last three of the men mentioned.
Samuel Workman was the county treasurer when the form of county control passed into the hands of the judge, and he also filled the office of recorder. Gilbert E. DeForest became sheriff in 1851, and began service with the county judge.7º F. H. Lee was county judge for the first six years, or until August, 1857, when he was succeeded by Geo. W. McCleary," who filled the office until the law was changed to provide for a board of
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supervisors in 1860, the first session commencing in January, 1861. Some of the duties of the county judge were now as- sumed by that body. Under the law providing for this super- vising body, the following members were chosen at the first election :
Big Grove township - Joseph Beuter.
Hardin township - O. B. Barrows.
Scott township - A. Beach.
Pleasant Valley township - G. E. DeForest.
Iowa City - H. D. Downey.
Liberty township - George Fesler.
Monroe township - James Fogg.
Graham township - Andrew Graham.
Jefferson township - Thomas Graham.
Union township - Phineas Harris.
Newport township - Bradford Henyon.
Iowa City township - S. H. McCrory.
Sharon township - Joseph P. Miller.
Fremont township - M. L. Morris.
Washington township - E. Patterson.
Oxford township - James Remley.
Cedar township - Gideon Steenberger.
Penn township - J. W. Stow.
Clear Creek township - William Wolf.
Madison township - Lewis R. Wolfe.
H. D. Downey was chosen the first chairman by a vote of eleven out of a total of seventeen votes cast.
The cordial relations of legal units of government in civil affairs and their occasional differences is well illustrated in the requests and sometimes demands made upon neighboring coun- ties. This usually occurred in connection with the criminal matters of the time during which the county boundaries were not respected very much, when it came to capturing horse thieves or counterfeiters. Nor did the boundary of the state interfere with the pursuit and capture on at least one occa- sion.72
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