USA > Iowa > Calhoun County > Past and present of Calhoun County, Iowa, a record of settlement, organization, progress, and achievement, Volume I > Part 9
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After the inspection of the Humboldt County jail no definite action was taken until June 5, 1890, when the following was unani- mously adopted by the Board of Supervisors of Calhoun County:
"Be it resolved by the Board of Supervisors of Calhoun County, Iowa, that a committee composed of the chairman and two members of the board to be appointed by the chair, to enter into negotiations for suitable grounds for the erection of a jail, and to receive plans, specifications and bids for the same, and if in their judgment they deem it expedient, that said committee be, and is hereby, authorized to purchase suitable grounds and to let a contract for the construction of a suitable jail, the cost not to exceed the limit provided by law ($5,000) , and said committee is also authorized to supervise the erec- tion of said jail."
HI. W. Heston, chairman of the board, appointed as his fellow members of that committee A. F. Stonebraker and J. G. Robinson. There was some opposition to the idea of building a jail, but the members of the committee carefully figured the cost of a building and compared it with the cost of maintaining prisoners in other county jails, finally reaching the conclusion that the ontlay in the construe- Vol. 1-6
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tion of a jail would in the end prove to be a profitable investment. Consequently, on August 28, 1890, the lot at the northwest corner of Main and Fifth streets was purchased of Charlotte M. Rockwell for a consideration of $1,050. Soon after that a contraet was entered into with Charles Hoff, a contractor and builder, for the erection of a briek jail, two stories high, with eells on the lower floor for men and on the upper floor for women. This is another instance of where a building was ereeted by a committee and a copy of the contraet cannot be found. It is known, however, that the cost of the building was about $3,500. After the new courthouse was completed in 1914, and the eells on the upper floor of that building were made ready for the reception of prisoners, the old jail was torn down by P. C. Hol- doegel, who purchased the property from the county.
THE COUNTY HOME
During the early years of the county's history, the unfortunate poor were eared for by the townships or by individuals, who received allowances from the county treasury to pay for the maintenance of paupers placed under their care. But as the population inereased the calls for assistance correspondingly inereased and it became apparent that some better system of caring for the poor would have to be inaugurated. On January 6, 1872, the board of supervisors took the following aetion :
"Whereas, the board of supervisors, after due consideration, deem it advisable to select and purchase a body of land suitable for a poor farm and have. after an examination of lands in the desired locality, selected the following deseribed traet of land, to-wit: The northwest quarter of section 17. township 87 north, range 32 west of the fifth principal meridian.
"Be it therefore resolved by the board of supervisors, that the auditor be authorized and required to issue warrants to secure the purchase of the above deseribed land, at a price not to execed $4.50 per aere.
"For the above purpose the auditor will issue warrants first on the swamp land fund on hand, and then issue warrants on the county fund for the balanee."
The tract of land purchased under this resolution is situated in the western part of Logan Township, about four miles southeast of Rockwell City and directly west of the Chicago, Milwaukee & St. Paul Railroad. The farmhouse already standing upon the land was
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remodeled in some respects for the accommodation of inmates and was Calhoun County's first poorhouse. Subsequent boards of super- visors declined, for various reasons, to erect more commodious build- ings upon the farm, and in the course of a few years the county was compelled to resort to the old enstom of earing for the poor. Under the law the board could expend only $5.000 for the ereetion of public buildings without first submitting the question of expenditure to a vote of the people, and as that sum would not be sufficient for the erection of a poorhouse the board adopted the following resolution on September 8, 1899:
"Whereas, in the opinion of the board of supervisors, the county poor farm is too small and should consist of not less than 320 acres, and
"Whereas the present poor farm consists of only 160 aeres, and the buildings are not suitable for the proper care of the paupers of the county, and
"Whereas, a large number of panpers are aided outside of the poorhouse for the reason that the same is unsuitable and too small to accommodate all the poor of the county, and
"Whereas, it costs the county a large sum of money to eare for the poor outside of the poorhouse, and, in the opinion of the board, it would be a large saving to the county to have a suitable place to eare for all the county poor, and, in the judgment of the board, the pres- ent poor farm should be sold and a larger one purchased and suitable buildings erected thereon, and
"Whereas, it is the opinion of the board that such a farm would be self-sustaining, while the present one is not, therefore be it
"Resolved, by the board of supervisors, that the following ques- tion be submitted to the voters of Calhoun County, Iowa, at the regular eleetion of 1899: 'Shall the board of supervisors levy a tax of not exceeding two mills on the dollar for two sueeessive years to be used in purchasing a poor farm and erecting suitable buildings thereon ?'"
At the election in November the vote on the proposition to levy a tax for the purchase of the poor farm and the erection of new build- ings was 565 for to 525 against it. and at the January session of the board of supervisors in 1900 H. C. Wetter, George W. Reeves and S. L. Kent were appointed a committee on poor farm, with authority to employ a competent architeet to make plans for a building, etc. Mr. Reeves was later succeeded on the committee by A. L. Johnson. The year 1900 passed without any definite action being taken toward
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the erection of a county home, but on April 11, 1900, the north half of section 22, township 88, range 32, was purchased of James Bragin- ton and wife for a consideration of $11,200, and in September fol- lowing a resolution authorizing the sale of the old poor farm was adopted. It was sold on April 1, 1901, to W. M. Prince for $7,600.
The present poor farm is located near the center of Center Town- ship, about four miles northeast of Rockwell City and a little over a mile west of Richards. In January, 1901, the committee appointed the preceding year submitted plans made by Hallet & Rawson, archi- teets of Des Moines, for a two-story briek building containing about forty rooms, the estimated eost of which was $8,000, exclusive of heating. The plans were approved by the board, bids were advertised for, and on March 9, 1901, the contraet was let to J. W. Zitterell, of Webster City, Ia., for $9,061, with the proviso that it was to be com- pleted by the first day of August following. The contractor car- ried ont the conditions of his agreement and on August 8, 1901, the new county home was accepted by the board of supervisors. The fol- lowing description of the institution is taken from the county andi- tor's report for the year 1913:
"There is a large, well furnished main building for the inmates, together with large.barns, hog house, windmill and cattle sheds. The main building was built in 1901 and is modern in every respect. It is 36 by 61 feet and contains three stories and basement, built of solid briek. The basement story is finished in roekfaeed briek and the superstructure is white briek. It is heated throughout with hot water and a water supply system furnishes hot and cold water on the sev- eral floors. On each of the first and second floors is a bathroom and toilet and the whole building is a model of comfort and convenience.
"The farm is well equipped with machinery and is well stocked with horses, cattle and hogs. The land was bought and the buildings built from the proceeds of the old poor farm, which was situated in Logan Township, and by a direct tax which was levied for that pur- pose. The total value of the farm, together with improvements, live stock and furnishings, is estimated at about $60,000."
CHAPTER VI THE SWAMP LANDS
ORIGIN OF SWAMPS-SWAMP LAND GRANT OF 1850-ACCEPTED BY IOWA LEGISLATURE AND LANDS GIVEN TO COUNTIES-CALHOUN COUNTY SELLS HER LANDS TO THE AMERICAN EMIGRANT COMPANY- CHANGES IN THE CONTRACT-TRUST DEED-HOW LANDS ARE ENTERED-LITIGATION IN THE UNITED STATES COURTS-LANDS SOLD TO CALLANAN & SAVERY-INDIGNATION MEETING AND A TEST CASE-THE QUESTION FINALLY SETTLED.
Whenever the drift or conglomerate deposited during the glacial epoch contains sand or gravel only in limited quantities, thereby forming a surface layer but slightly porous, and this surface layer rests upon a bed of glacial elay that is impervious to water, the geo- logical conditions exist for the formation of swamps. Following the glacial era, the rains gradually filled the carth until the surface layer was completely saturated, after which the water accumulated in the low places in the form of ponds or marshes. Such was the condition of Calhoun County when the first white men came to make their homes in this section of Iowa. The first settlements were made upon the dry lands bordering the streams, or at least within the limits of the territory drained by the natural water courses. The wet lands were then considered worthless, but in course of time the swamp land question became one of importance to the people of the county.
On September 28, 1850, President Fillmore approved an act of Congress granting to the several states certain swamp lands lying within their borders. The grant to Iowa was accepted by the Legis- lature and in February, 1853, the General Assembly approved an act granting to cach county the swamp lands included in the aet of Congress lying in that county. On June 2, 1856, Peter Smith, then county judge of Calhoun County, appointed Charles Amy and H. C. Crawford "to selcet and survey the swamp lands within this county in accordance with the laws passed at the session of the Legislature of 1852-53."
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In 1860 the office of county judge was abolished and the man- agement of county affairs was vested in a board of supervisors. Soon after the change was made the board in Calhoun County ordered:
"That whenever Charles Amy and II. C. Crawford (Amy & Crawford) shall make proof of the swamp land satisfactory to the surveyor-general of the States of Iowa and Wisconsin, or to the regis- trar of the state land office, their contraet in the matter, dated August 5. 1861. shall be fulfilled," ete.
The area of swamp land in Calhoun County, subject to the Con- gressional grant and the state law of February, 1853, was estimated at 42,417 acres, which amount of land was to be selected and sur- veyed by Amy & Crawford. Ultimately it was discovered that this estimate was too low to cover all the swamp lands that eame within the scope of the Congressional enaetment and the contract of Amy & Crawford was extended. Before the selection and survey was com- pleted a new factor entered the swamp land problem.
That factor was the American Emigrant Company, a corporation forned for the purpose of securing and exploiting the swamp lands in several of the western states, along with certain other functions, such as the encouragement of immigration and making certain public improvements in payment for the swamp lands. On December 12, 1861, the County of Calhoun entered into a contract with the Amer- iean Emigrant Company by which that company was to build cer- tain publie works, to-wit:
"One timber spile bridge over the Coon River, just above the mill of William Oxenford, near where a gravel pit now is, or at any other point where the board of supervisors may decide to have it made, and notify them before drawing any of the materials to the site. The bents to be from fifteen to twenty feet apart and of sufficient height to be above high water: all the materials to be of good quality, the work well done in a workmanlike manner, and strong built and good: all the timbers to be of sufficient size and strength to form a perma- nent, good bridge, as well finished as any other bridge in the county and as strongly made throughout; the whole to be of burr oak; the bents to be one foot square, and when round timber is used for spiles to be at least one foot thiek: the stringers to be 5 by 12 inches at least; the planks to be two inches thiek and not more than one foot wide, and well spiked with iron spikes.
"Also to build sufficient bridges on all the sloughs. not exceeding ten in number, on the road leading from Fort Dodge and to grade and turnpike the said sloughs, each in proportion to its length and size-
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MUSKRAT HOUSES IN A CALHOUN COUNTY SWAMP
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as long, as high, as wide and as well as those already built and made on that road are done; said bridges to be as good and as well made in all respects as those already built; and if less than ten are desired on said road, the remainder of like magnitude shall be made on any other sloughs in the county requested and notified by the board of supervisors as more desirable to be made, all of which ten separate works on sloughs are to be completed on or before the 1st day of January, A. D. 1863, said bridge across the Coon River to be com- pleted on or before the 1st day of January, 1864."
The company also agreed to build a jail, like the one in Greene County. That part of the contract relating to the jail will be found in the preceding chapter. On the other hand the County of Calhoun agreed "upon the completion of all the works and jobs mentioned in this agreement and schedules, or so soon thereafter as the county shall receive the title to all of said lands, the county is to convey and the party of the second part take the title to said lands."
It was mutually understood that the American Emigrant Com- pany was to take the swamp lands subjeet to all legal charges existing against the same, and to release the county, state and United States "from all claims and liability they or any one of them might be sub- jeet to for, or on account of, the reelaiming of said lands, or drainage of any of said lands, and from all the conditions imposed by the act of Congress of September 28, 1850, relating to swamp lands."
It was further agreed that, before becoming effective, the con- traet was to be submitted to the legal voters of the county. The con- tract was entered upon the records on December 30, 1861, and on the same day the board of supervisors fixed upon January 24, 1862, as the date of a special eleetion, at which the voters should ratify or rejeet the contraet. At that election thirty-six votes were east, twenty-two of which were in favor of ratifying the contract, and fourteen were opposed. To some people of the present day it may seem that the people of Calhoun County thus did a very foolish thing in conveying to the American Emigrant Company several thousand aeres of what is now the most productive land in the county. But it must be remembered that in 1861 these lands were too wet for eulti- vation, that the county revenues were small, and that the public im- provements mentioned in the agreement were badly needed.
It is often more easy to make a contraet than it is to carry out its provisions. The history of the publie improvements ordered by the contract with the American Emigrant Company is one of delays.
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On August 23, 1862, T. E. Brown, then the agent of the company, presented a petition to the board of supervisors setting forth that:
"At the time said company purchased said lands they purchased also the claim on the United States for these lands sold by the United States belonging to said county since the swamp land grant of 1850, which claim on the United States it is believed amounted to from 10.000 to 15,000 acres, more or less; that by the decision of the com- missioner of the general land office such claim is rejected on the grounds that the selection papers therefor were not filed on or before the 3d day of March, 1857, which causes great loss on the part of your petitioners ; on account of such loss and the consideration of one dollar paid the said county by the American Emigrant Company, the receipt of which is hereby acknowledged, your petitioners ask that an extension of one year be granted to such company, within which to perform so much of said contract as was by the agreement to be done and performed within the year 1862; that no other part of said contract is hereby asked to be extended and that no change of any kind whatever is asked to be made except the extension aforesaid.
"AMERICAN EMIGRANT COMPANY, "By T. E. BROWN, Agent."
At the same term of the supervisors' court a supplementary peti- tion, to the same end, was presented by "sundry citizens of the county." This petition was signed by Charles Amy. Peter Smith, B. C. Kuder, Henry Sifford, George W. Beebe, Jesse Marmon, George Gray, John W. Athey, Nelson Gray, L. C. Morey, Fred Hncke. R. M. Lumpkin, H. H. Hutchinson, W. W. Ripley, C. W. Thompson, Christian Smith. Haynes Parker, William Oxenford, John Oxenford, Jonathan Bishop. A. G. Gils, John D. Mararbre, Larkin Williams, E. W. Reynolds, Alford White, John Lumpkin and Ranson Kile.
Some of these men were afterward accused of playing into the hands of the American Emigrant Company in petitioning for the extension of time, but a glance at the list of names shows that a ma- jority of the leading citizens of the county signed the petition and they were no doubt conscientious in their belief that it was the best thing to be done under the circumstances.
In the meantime the board of supervisors, at a meeting on May 22, 1862, recommended to the Governor of Iowa the appointment of James C. Savery, of Des Moines, as a special agent "for the pur-
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pose of expediting the settlement of the claim of Calhoun County with the United States for the swamp lands lying within said county."
A new arrangement was made on June 2, 1862, when the Amer- ican Emigrant Company paid the county $850 and agreed to pay $854 more, when called upon by the county treasurer to do so, any time after October 1. 1862. in consideration of being released from that part of the contract relating to the bridges across the ten sloughs on the Fort Dodge road. At the same time the company was given one year more to complete the bridge across the Coon River.
In January. 1863, a new board of supervisors came into office and before the close of that year an entirely new deal was made with the American Emigrant Company with reference to the swamp lands. On September 14, 1863. the board executed a trust deed to the swamp lands to Andrew G. Hammond, John Hooker and Henry K. W. Welch. of Hartford. Conn., as the trustees for the American Emi- grant Company, the principal features of that deed being as fol- lows:
"That the said County of Calhoun, in and by a certain agreement made in writing by and between the said county and the American Emigrant Company, bearing date the 12th day of December, A. D. 1861, and now on file in the office of the clerk of the District Court of said county, has sold to the said company all the claims of the said county on the United States for or on account of such swamp or overflowed lands as have been sold for cash or located with warrants or serip by or under authority of the United States since the swamp Iand grant (so called) .
"Now, therefore, in pursuance of said agreement in writing and in consideration of the sum of $6,000 to the party of the first part (Calhoun County ) paid by said company, party of the second part. or such trustees aforesaid, all and singular the lands and real estate hereinafter mentioned and described, the same being situated in the said County of Calhoun, that is to say ( Here follows several pages of description) is hereby conveyed to the said trustees," etc.
It was further set forth in the deed that "in case said county at this time has not fully obtained a perfeet title in fee to any of the said lands, any interest, claims or titles thereto the county shall here- after acquire under or by virtue of the said swamp land grant shall inure to the benefit of the party of the second part without any further or subsequent conveyance."
The deed was signed by Peter Smith, David Reynolds and Cy- reno W. Thompson, supervisors, and Jonathan Bishop, clerk. After
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it was executed some four or five years elapsed before the swamp land question again came into Calhoun County history. During the years 1866 to 1868 the land offiee at Fort Dodge permitted a number of homestead entries on the lands claimed by the American Emigrant Company. No complaint was made by the company at the time, the settlers went ahead and made improvements upon their homesteads. and then received notice that they were occupying lands owned by the American Emigrant Company. Quite a number of settlers were thus victimized, especially those who had located elaims in the north- ern part of the county. They lost all their improvements, unless they agreed to buy their lands over from the American Emigrant Company at greatly advanced prices, and many of them wondered how such an egregious blunder could have been committed by the attaches of the land offiee.
In this connection, although it has no bearing upon the swamp land problem, the reader may be interested in knowing just how the first land entries were made. Prior to the passage of the Homestead Bill by Congress in 1862. people beeame individual owners of land by purchase or pre-emption, or by location of land warrants. By the first method the settler selected the traet of land desired, obtained an accurate deseription thereof-seetion, township and range-after which he went to the land offiee and paid the purchase price of $1.23 per acre. At the land oflice he received a certificate upon which a patent or title was issued by the government and signed by the Presi- dent of the United States. By the second method the settler filed at the land offiee a pre-emption elaim and received a certificate giving him title for one year. If within that time he paid the regulation price of $1.25 per aere he received a patent in the same manner as the man who purchased his land outright. Land warrants were issued to certain persons for certain services, such as serving in the army or navy, and such warrants gave the holders the right to select and receive title to any tract of land upon public domain. Very few tracts in Calhoun County were located by warrants.
The complications arising by the aetion of the Fort Dodge land office were partially corrected by the Government giving to Calhomm County indemnity serip, by which other lands could be selected. In fact, some lands were actually selected in lieu of the tracts sold by the United States between the year 1850, when the swamp land grant was made by Congress, and the selection of the lands in 1857. Some of the homesteaders who had entered lands belonging to the Amer-
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iean Emigrant Company were given the opportunity of seleeting new homes upon the lands located by the indemnity scrip.
About the time the Fort Dodge land office was permitting home- stead entries to be made upon the swamp lands, the feeling became rife in Calhoun County that the American Emigrant Company was not giving the people of the county a square deal. In 1868 the board of supervisors, then composed of Robert Shideler, Joseph Yates and A. W. Zane, decided to test the matter in the courts and employed D. D. Miraele, an attorney of Webster City, to bring suit in the United States Circuit Court at Des Moines to overthrow the claim of the Ameriean Emigrant Company to any swamp lands in Calhoun County. Suit was accordingly filed, but the attorneys of the Amer- iean Emigrant Company resorted to various means for delaying aetion by the court and the ease threatened to rival the famous ehan- cery ease of Jarndyee vs. Jarndyee, as told by Charles Dickens in his Bleak House.
A change in the board of supervisors brought T. P. Gregg, Joseph Yates and Cornelius Pocock into office and on March 11, 1872, this board adopted the following:
"Resolved, by the board of supervisors of Calhoun County, Iowa, in special session, that D. D. Miraele, attorney of said county, having the management of the suit of Calhoun County against the American Emigrant Company now pending in the United States Circuit Court, be, and he hereby is, authorized, instructed and directed to eompro- mise said suit on the part of said county, and consent and agree on the part of said county to a deeree vesting and deelaring the title to all the swamp lands and swamp land interest of said county, now in dispute in said suit, in said Ameriean Emigrant Company upon the following basis and terms, to-wit:
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