USA > Iowa > Buena Vista County > Past and present of Buena Vista County, Iowa > Part 6
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The swamp land contract between W. S. Lee and the county. which has just been described, was finally determined in 1882 in an action brought by D. Carr Early of Sac City against the county of Buena Vista to test the legal- ity of the deed. The trial revealed the fact that in December. 1861, W. S. Lee and W. O. Sluyter. as clerk of the Board of Supervisors, entered into a contract by which the county was to deed to Lee more than sixty thousand aeres of the swamp and overflowed lands in consideration of Lee's contraet to build a courthouse at Sioux Rapids and a bridge over the Little Sioux river at Linn Grove. The proposition was submitted to the people and eighteen votes were cast. the contracts being ratified. The contract was assigned by Lee to Richard Ridgway, a builder, and Lee was released. Ridgway failed to build the courthouse and the bridge was also abandoned after some of the material had been prepared.
Lee at onee proceeded to sell his land and here the difficulty began. IIe sold vast quantities of his holdings and these lands were in turn conveyed to others. One of the largest buyers from Lee was Porter B. Roberts, who sold out his purchase in small parcels.
Lee was placed on the stand and swore that the contract had been entered into in good faith by him. Ile admitted that no building had been done but swore that he had let the contract to another, to Richard Ridgway, who had been accepted by the Board and Lee had been released. Lee swore that the original contract called for the building of a seminary, an educational institu- tion, in order to evade the law which did not authorize the exchange of the land for courthouse purposes, but admitted that this was but a subterfuge, as the "seminary" was to be used by the county for a courthouse. A deposi- tion from Ridgway, denying the sub-contract, was placed in evidence. Abner Bell, who was conversant with the matter. was also placed on the stand and swore that the contract provided that no land was to be deeded until the mater-
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ial for the courthouse was on the ground, when five thousand was to be trans- ferred. He was positive a seminary was never mentioned, but a courthouse was intended all of the time. William Brooke and Knudt Stennerson, also contemporaries of Lee, testified that their recollections were the same as Bell.
The county contended that the deed was fraudulent, illegal and void on the ground that
1. The county was not organized until 1858 and none of the land was patented until 1872. The General Assembly in 1855 passed an act prohibiting counties not then organized from transferring any of the land until the title was perfected in the State.
2. The consideration failed. the land having been deeded in consideration of the building of a courthouse and bridge, and neither had been built.
3. The deed was never authorized by the people.
4. The statute in force at the time the deed was executed prohibited the transfer of land for less than one dollar and twenty-five cents an acre while the price named in the deed was about sixteen eents an acre.
5. The county was not theu authorized to use swamp lands for building of courthouse.
6. The persons executing the conveyance were not authorized to do so and their act was invalid.
The case was ably tried but Judge Macomber, before whom the hearing was had, decided that the contention of the county was good. and Lee and his purchasers lost all their claim. Before the trial there had been much trouble in tracing titles, but this action quieted the title in many a piece of land in the county. The ease was never appealed. the decision of Judge Macomber being final.
During this period of our county's history finances were in a deplorable state. The tax levies brought but little money. and the improvements that were voted took all and more than the receipts would pay for. County war- rants were issued freely and they depreciated until they were worth but from twenty to thirty cents on the dollar. and contracts were let on that basis. Of course, the county was compelled to pay the face value, with interest added. for warrants that were not paid for want of funds. Those who could hold the warrants. and had the money to carry them, made large profits. The county debts were not large as we count it now. Some years there was but five hundred dollars to spend for county purposes, and at the depreciated value of the warrants, that would build but few bridges or pay but little on salaries, although these were never princely. The Taylor murder. referred to elsewhere, cost the county over two thousand dollars. The special elections to ratify swamp land contracts for bridges. court and schoolhouses, and for other pur- poses, cost the county two thousand dollars more. There were roads to be laid out and bridges to build over the streams that could not be forded. The bridge over the Little Sioux. it will be remembered went out the year after it was built and the county was bonded in the sum of eighteen thousand dollars
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to rebuild it. Of this amount, twelve thousand dollars went to Lee and six thousand dollars to Isaac Enders for bridging the slonghs of the county, and this amount did not cover many of the slonghs. either.
Charles A. Lee entered upon the duties of the office of treasurer and recorder by appointment on January 15. 1862, and when he took charge of the office there was but sixty-nine dollars and twenty cents in the treasury and thirteen thousand acres of entered land in the county. The revenne for that year was but fifteen hundred dollars. In 1862 Geo. W. Struble. a brother-in- law of Lee's. came from New York. With Struble came Oliver Moore and Daniel W. Farnham, both of whom were relatives of Lee's. These men took an active part in the county's affairs and were under the leadership of W. S. Lee in the development of the county's resources. They came to teach school and were connected with the educational progress of the county for a short time. Farnham soon left. This year .Jameson was elected clerk of the county board of supervisors.
Charles A. Lee resigned and left the county during the summer. He went to Burlington where he enlisted in the Union army and served with credit to himself all through the war. He was credited to this county.
During 1862 the work of internal improvement continued unabated. Many contracts were let to bridge the streams of the county and it is eurrent among the older settlers that a load of rails and a few armfuls of straw would build a bridge that the county paid five hundred dollars for. But when we stop to again consider that the warrants were worth but twenty cents on the dollar the spoils were not so large as would seem. The choice of material. however, was unfortunate. to put it mildly. The first prairie fire would invariably destroy the bridge, and should it survive that the first freshet was sure to take it out. This necessitated, of course, a new bridge and a new con- tract, so the system was not faulty from the contractor's view point, if it was disastrous to the county.
In this year the Indian raid at New Ulm again threw the settlers into a turmoil, but few left the county. The election that fall brought out twenty votes, and the population was slowly increasing.
During this year Torkel Torkelson and Michael Hollingsworth arrived. and they became two of the leaders in affairs in after years. Mr. Hollingsworth settled near Sioux Rapids, and the ford at his place became known as Hollings- worth Ford. The permanent bridge which was thrown across the river is known as the Hollingsworth Ford bridge in the official minutes of the board of supervisors. Hollingsworth was a Quaker. but when affairs grew warm in the political turmoil of after years "Uncle Michael" as he was affectionately known, conld doff his habiliments of peace and put on war togs as quickly as the next man. Torkelson settled on the prairie in hee township, in the Norwegian settlement.
Richard Ridgway came in 1863 and built a house in the town of Sioux Rapids, near where the Farmer home now stands. Hollingsworth erected his house where the C. & N. W. depot now stands in Sioux Rapids. Farnham built this year on section 6, in Lee township, on the south side of the river.
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The same year John Kindlesperyer bought a portable sawmill and set it up on section 6, in Lee township, where he supplied the settlers with building material.
During 1862 an election fight of serions proportions involved the county, and was not settled until the following year. W. S. Lee and George Killam were rival candidates for the office of treasurer and the contest was warm. Both men made a hard fight to line up the twenty voters that comprised the total strength of the county and it was charged that votes were at a premium. A cow, and perhaps a little ready cash, was exchanged for the vote of some of the faltering ones, and when the campaign closed the night before eleetion both sides retired to their beds feeling insecure. They doubted seriously whether the votes that had been bought would stay bought and the day's proceeding shook the faith of Lee. Irregularities in the counting were exchanged and it was charged that while the judges slumbered after their arduous duties the ballot box had been tampered with. Killam commenced proceedings in the district court at Sioux City against Lee and a trial was had, judgment being pronounced against Lee. The case was appealed and affirmed, but before ouster proceedings were carried out Killam and Lee compromised the matter, Lee continuing to hold office and Killam leaving the county. He sold his farm and departed and was never heard of again. What brought the warring parties together was never revealed.
During this year the authorities awarded a contract to W. S. Lee for the building of an eighteen thousand dollar bridge across the Little Sioux river at Sioux Rapids. The bonds have been referred to, which were issued for this purpose.
The war was in progress at this time and the Indians in the west were restive. The settlers provided their windows with heavy shutters and never went to bed, feeling secure, until they had closed and bolted these shutters to provide against any surprise by the savages during the night. None of the hostile Indians molested settlers of this county during this scare but rumors were frequent and the residents of our little settlement lived in daily apprehension.
About this time every county in the state was required to furnish a desig- nated number of men for the army, and when this word reached Buena Vista there was much excitement. Save for the enlistment of Charles A. Lee in 1862 no one had felt the call to go to the front but now there was much patriotic fervor. Oliver Moore was drafted but he sent George Ditton as his substitute and remained to attend to the affairs of the county in a peaceful manner. Henry Gullickson was drawn, also, but he was not accepted and Knudt Stennerson went in his stead. These two men served well, Mr. Stennerson remaining until the close of the war. This conseription had the effect of arousing patriotic sentiment in the breast of our settlers and a meeting was called at which loyal speeches were made and the isolation was forgotten. It seemed as if a stain was upon the county because no more attention had been paid to the great tragedy of war, and it was resolved to remove it. Everyone was fully aroused. Another mass meeting was called and the electors voted to raise twenty thousand dollars to send sokliers to the front. The money was raised by a bond issue, it was spent, but no recruits were added to the army.
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Later in the year Peter P. Holland, one of the members of the board of super- visors, resigned, went to Sioux City, where he enlisted in the army. He was sent south and word came back soon after that he had met death and was buried in Tennessee. The other soldiers who represented the county in the war came back alive, but only Mr. Stennerson remained here. Ile returned to the farm in Lee township where he lived. a respected and honored citizen, umtil a few years ago.
Homer Smith and George Leake came out from New York this year and were added to the population of the county. They located near the Little Sioux, and as yet there was not a settlement in the south part of the county.
In 1865, by vote of the board of supervisors. Lee was relieved from his contract to build the courthouse and Richard Ridgway, who had taken a sub contract from Lee, was taken on by the county. Lee resigned his office of treasurer and on December 23 left the county to sell his swamp land in the east. Ile was gone for a couple of years during which time he succeeded in disposing of a large amount of the land which he held under the deed executed in 1860, at a great profit.
The election of 1866 was full of interest and excitement. It is usual where a certain set of men have held office for some years to charge ring rule, and this ery was taken up that fall. Richard Ridgway had the year before been elected treasurer but was prevented from serving by force and arms, and Oliver Moore, a relative of W. S. Lee's was appointed and took possession of the office. The population had increased materially since 1863 and a vigorous campaign was instituted by Abner Bell and Hubbard Sanderson, against the men who were in power, and their friends. Every voter who could be induced to come out attended the polls, well armed, at the October election and trouble was expected to break out in open battle. Charges of fraud and counter charges were freely exchanged. The officers who were "in" were determined to die in the ditch and equally desirous of winning were the "outs" led by Bell and Sanderson. It is said that even Uncle Michael Ilollingsworth, Quaker though he was, attended the polls fully prepared for trouble. When the polls were closed and the vote canvassed Bell and Sanderson were found to have won and the rejoicing was great. It took an ugly turn however and threats were freely uttered that the old officials would be lynched.
The same night M. S. Jameson and Oliver Moore, two of the men against whom the animosity was particularly strong, left the county, taking with them all of the records that had any bearing on the financial transactions of the county, the minute book of the board of supervisors and the county seal. They went to Fort Dodge where the books were turned over to an attorney, who had represented the old officials in their difficulties, and kept by him. Moore and Jameson had many friends at Fort Dodge, as they were hail fellows well met, and when they repeated their story and told how narrow had been their eseape from the hands of the infuriated citizens of Buena Vista county, it was deter- mined to raise and organize an expedition of their friends to invade the county and restore the fleeing officials to their rights. The party was abont to depart when the affair reached the ears of an old gentleman who interfered and gave
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the other version of the matter. The expedition was speedily abandoned. Moore and Jameson were indicted in the district court of Clay county, to which Buena Vista was attached for judicial purposes, for malfeasance of office and warrants issued for their arrest. Neither party could be found, however, and their cases were continued from time to time, until finally dismissed.
The board of supervisors met on November 16, 1866, and deelared the offices of clerk of the board of supervisors, filled by M. S. Jameson, vacant, and Abner Bell was appointed to fill the vacancy. Our record history as a county dlates from that meeting. All the events of an official nature prior to that time have been gathered from unofficial sources and must be relied upon only to the extent that memory may be faulty.
The county was then eight years old, since organization, and the population had increased but slowly. There were few families here and those who were here were related, or familiar with the doings of each other. Stories of dere- liction in office became magnified as time passed and they were repeated from one to another, and it has been the purpose of the writer to set it down in a manner as to do no injustice to those who were interested as the real facts can not be substantiated.
William S. Lee and Abner Bell are authority for all the data prior to 1863, and they represented such opposite views on many of the questions that, taking a middle ground, it is pretty safe to believe that that view will be about correct. Some of the information was furnished by officers of the Federal government who had an occasion to examine into the transactions of that early day in relation to lands which were a part of the public domain, and which were claimed by private parties.
It may be said that the officials who served the county and who granted the publie lands, or who issued warrants with so liberal a hand, were criminally liable for their acts. Some undoubtedly were, but others covered their tracks so cleverly that good lawyers could find no point that seemed vulnerable. They had eminent counsel in their employ and no step was taken that was not carefully considered. It may be that they were morally guilty of a breach of trust, but that is another question.
It may also be said that the speculators who made such astounding eon- tracts with the county defrauded those to whom they sold the worthless war- rants and the land which they held by such flimsy titles. In justice to them it must be said that no sales were made that were not heavily discounted, and but few transactions were made with men in the east who were better than they, and who drove sharp bargains beeause they were fully aware of the long chanees they were taking. Of course the publie suffered and it was years after when the payments must be met that the real consequence from the reckless acts made itself known. But it was then too late to mete out punishment to those who were guilty.
A gentleman who made an investigation of the early days of the county almost forty years ago, came to the conclusion that "Not to man is it given to do justice to all. "The evil that men do lives after them; the good they do is often interred with their bones.' The men who have been censured for their
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publie misdeeds were, as a class, kindhearted and good men and neighbors. Many pleasant acts of kindness relieve them from the charge of being utterly corrupt, and the one who receives the largest share of public censure is a man who would spend his last dollar to alleviate human misery."
They saw a good bargain and they could not resist the opportunity to drive it. We will venture the assertion here that their like could be found in almost every county of that time.
The officers who served the county during the period that has just been reviewed were as follows:
1858-Arthur T. Reeves, county judge; William R. Weaver, treasurer and recorder ; John W. Theker, clerk and Abner Bell, sheriff.
1860-Moses VanKirk, county judge; Abner Bell, treasurer and recorder; Lansing M. Lewis, sheriff and C. C. Smeltzer, attorney.
1861-Moses VanKirk, county judge; Abner Bell, treasurer, recorder and superintendent of schools; J. II. Gleason and W. S. Lee, elerks and W. O. Sluyter, supervisor.
1862-W. O. Sluyter, supervisor; L. M. Lewis and W. S. Lee, elerks; Charles A. Lee, treasurer and John Andrews, sheriff.
1863-James Tucker, Lansing M. Lewis and Peter Holland, supervisors ; Geo. Killam, elerk until the latter part of May when he was succeeded by M. S. Jameson ; Charles A. Lee, treasurer and recorder until August when he resigned and was succeeded by W. S. Lee.V
1864-Peter Holland, Torkel Torkelson and Lansing M. Lewis, supervisors; M. S. Jameson, clerk and W. S. Lee, treasurer and recorder.
1865-Geo. W. Struble, I, T. Hollingsworth and T. Torkelson, supervisors ; M. S. Jameson, clerk and W. S. Lee, treasurer and recorder. Lee resigned on December 23 and was succeeded by Richard Ridgway. Ridgway was prevented from qualifying and Oliver Moore filled the office by appointment.
1866-W. A. Trusty, Homar A. Smith and L. J. Suckow, supervisors. M. S. Jameson was clerk, Oliver Moore treasurer and reeorder.
A PIONEER TIOME.
Mrs. Jennie M. Farmer, who knew the Struble family intimately, has written a sketch of the Struble home in the early days of the county. It is of interest in this history as showing a home life picture in the pioneer days. The house was built of logs, two stories high. The lower floor was divided into two rooms, a guest chamber for travelers or visitors and a large and cheerful living room. 3 When it was built Mr. and Mrs. Struble were concerned as it seemed to them rough and uninhabitable, but by constant effort it was made an attractive place, and as it was the most pretentious home in the county it was frequented by all. The county court convened in this living room for five years, and court regularly adjourned to allow Mrs. Struble to set the table and
JOHN BURR'S PIONEER CABIN AND GROUP OF OLD SETTLERS.
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serve a meal cooked in the adjoining kitchen, of which judge, bar and litigants partook with relish. The board of supervisors also met here in this room and the frontier eireuit rider held religious services on one Sunday in each month.
The door was fastened with a huge log chain, and the windows had primitive shutters of walnut, tough and strong enough to withstand a siege.
The mail came from Fort Dodge once a week, and letters and newspapers were scarce, and often old when they arrived. The mail facilities were decided- ly primitive and irregular, especially so in the winter time when fieree snow storms would rage for a week at a time, blocking the road and obliterating every sign of a trail. In the summer there were frequent travelers along the old Fort Dodge road which was worn into deep ruts from the heavy loads of freight or immigrant goods hauled to a future home in the northwest. In 1865 there was a severe snow storm which lasted for many days. The supply of flour gave out and the only way to get corn meal was to grind it in a coffee mill. This was done and the family subsisted on this coarse fare until Mr. Struble could get a sack of flour from Sioux City by way of the stage. It cost him six dollars and twenty-five cents for fifty pounds, but was a luxury when it arrived. The government stage plied from Fort Dodge to Sioux City and was a regular mode of conveyance when the weather permitted.
During that winter oats sold for a dollar a bushel and corn was proportion- ately high. Ilow did the settlers live, the reader will ask ? Well, there was game in plenty. Brants, wild turkeys, ducks and geese could be shot when the weather permitted. It is told that wild turkeys have been shot from the cabin doors, or through chinks in the wall. They were quite tame and came close to the houses to feed.
The nearest doctor was at Fort Dodge and he was only called in cases of dire necessity. Nurse Hollingsworth, an old lady with much experience in siekness, prescribed for the minor ailments and assisted many a sufferer to health, by her gentle ministration.
Indians frequented the settlement and frightened the women and children when they appeared while the husband was at work in the fields near by. The raid of 1857, and rumors that were afloat, kept the settlers in continual panic. They never molested anyone, but as they had a name for treachery and no one felt safe, the appearance of a party before a door was cause for worry, even if the visitors protested that they were "Good Indians," and meant no harm.
As has been said church serviees were held once a month. The frontier circuit rider did not always wear broadcloth, but was at times dressed in shabby garments. Ilis stipend was small and decidedly irregular. At one time an exhorter appeared before his congregation at the Struble home, dressed in shirt and trousers, withont shoes, collar or coat, and preached a powerful sermon. After he had pronounced the benediction he exclaimed : "Well, Brother Thomas, I preached for all there was in it. didn't I?"
On another occasion the sum of twenty dollars was raised for the preacher's salary, and in order to determine who should make up the deficiency and to see who should call on the Dominie and pay over the money all of the brethren gathered at the table and settled the matter in a poker game. Struble lost and
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he was obliged to pay up all the deficiency and pay over the money to the minister, who perhaps well knew how the difficulty had been met. But the conscience was not so tender in those days and the money was not refused for fear it might be tainted.
The log house gave way in time to a frame house, which was used for many years as a hotel. Struble's Hotel was known far and wide for its cheer and became the leading hostelry of the region. In its office or "barroom" many politieal meetings, at which the destinies of the county were settled, were held and the schemes that were framed there controlled the county absolutely.
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