Past and present of O'Brien and Osceola counties, Iowa, Vol. I, Part 11

Author: Peck, John Licinius Everett, 1852-; Montzheimer, Otto Hillock, 1867-; Miller, William J., 1844-1914
Publication date: 1914
Publisher: Indianapolis, Ind. : B. F. Bowen & company, inc.
Number of Pages: 774


USA > Iowa > O'Brien County > Past and present of O'Brien and Osceola counties, Iowa, Vol. I > Part 11


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67


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PRESIDENT SQUATTERS' UNION.


In a sense, Dr. Howard M. Hamblin acted as sort of leader when the two set of squatters were together, but the real squatters' union that finally organized developed mainly in aid of the Sioux City lands, and was organ- ized in 1886, though the first president as so organized was L. T. Gates, of Highland. a Milwaukee squatter. During this year of 1886 Robert P. Jones acted as secretary. The decisions in this year 1886 going against the Mil- waukee men, naturally dropped out Mr. Gates, and in 1887, and until the organization was no longer needed, about 1905, Mr. Jones acted as its presi- dent and Daniel Mullin as its secretary. We must also mention the main test case of Olive Manley, squatter, against Andrew Tow, contractor, which was agreed upon as containing or involving more questions of law and fact than any other in which it won out, which suit was carried on by the union as such to final decision. This case was perhaps more quoted than any other in the whole litigation.


ROUND-UP TROUBLES.


We must mention the round-up relating to the squatters' attorney fees. Probably the attorney fees of any one set of attorneys employed would . not have seemed to them exorbitant. But during these long years of excite- ment and new questions continually came up, and as each successive attorney thought he had the legal solution, when they had rounded up they found that many of them had signed written agreements covering large sums to various attorneys, which in the aggregate made this item of the long fight another problem. Some of the attorneys got intermingled with others, which also added to this difficulty. They also got tangled, many of them, with the contracts and their attorneys. After all was thought over in some of these latter cases they found in many instances an additional claim of from one thousand to fifteen hundred and more dollars, which many paid or gave a mortgage on their squatters' homestead thus gained. In many cases the squatter actually paid out more per acre than the Milwaukee squatters paid for the land itself in 1886. namely, from ten to fourteen dol- lars per acre. But in final result, they got their land.


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RAILROAD AND SQUATTER ATTORNEYS BANQUETTED.


At the close of the above trials, the Hon. Edward B. Evans, register of the United States land office, gave a banquet to both the attorneys of the railroad or contract attorneys and squatter attorneys, at his residence at Des Moines. It was a pleasant evening spent with Mr. and Mrs. Evans and fam- ily. during which many pleasantries and amusing features of the long-drawn- out series of contests were discussed with much fun in a social way. There were present, as memory recalls, William D. Boies, Osmond M. Barrett, John F. Conrad, A. R. Lowry, Judge George H. Carr, John T. Stearns, John H. King. J. L. E. Peck, W. P. Jewett and Mr. Squatter Robert P. Jones and others.


Other attorneys not present, but in attendance at various of the trials and participating therein, were Judge William Lawrence, of Ohio, Joy, Call. Wright & Joy. Judge Chase and Col. J. H. Swan, of Sioux City, C. A. Bab- cock, of Sanborn, now Sheldon, J. T. Conn, of Hartley, and others.


LIST OF SIOUX CITY LAND SQUATTERS AND RAILROAD CONTRACT MEN.


In view of the fact that we have given this chapter this lengthy import- ance and most of them still living upon their lands thus won in so long a legal battle, we give the list of Sioux City land squatters and railroad contract men. as follows :


DALE TOWNSHIP.


Margaret A. Thayer ( S. E. II).


Hiram C. Thayer (S. W. II).


Thor T. Naig ( S. NE. II). Charles H. Brigham (S. NW. II).


Ida Fife Rankin (NE. 15). Mary A. Smith (NW. 15).


George E. Godfrey (SW. 15).


Otto Larson (NE. 13).


William Christopher Fife (SE. 15). John Booge (SW. 19).


Edward Olson (NWV. 13).


Henry Koch (NW. 19).


Robert P. Jones (SW. 13).


Mons Olson ( SW. 5).


James T. Daniels (SE. 13).


Ben Olson ( NW. 5).


SUMMIT TOWNSHIP.


William S. Medland ( NE. NW. 3). Frank Woods (SE. NE. 15).


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FRANKLIN TOWNSHIP.


Charles H. Prior (SW. SW. 13, E. SW. 35, E. SE. 35).


BAKER TOWNSHIP.


Charles Gustafson (NE. I). William Egdorf (NWV. I).


John Petterson (SW. I). Aleck Petterson (SE. I). Eli S. Mooney (NE. 5). Henry C. Lane (SW. 5).


Unknown (NW. 5).


Fred Beers (N. SE. and SE. SE. 5). Anton Hoag (SE. NWV. & W. NW. 7) Nicholas Jungers ( Part 7). Sarah Weaver (E. NE. 7).


Enoch Philby (E. NE. 9).


Florence E. Morfitt (W. NE. 9).


Elmira Knepper (SW. 9). Jonas Hadene ( SW. 9).


Heirs O. M. Barrett (SE. 9).


James W. Lasher (S. NE. II). John Akerson (S. NW. II). Henry C. Lane (SWV. II). Henry C. Lane (SE. II). Daniel Behan (NE. 15).


Charles G. Johnson (NW. 15). Jurgen Renken (SW. 15). Theodore Goergen (E. NE. 21). John Ker (SE. 15).


George and Otto Collenius (NE. 17). William F. Ankrum (NW. 17). Alfred Anderson (SWV. 17). Christ Kern ( SE. 17).


John Wood (E. NE. 19). Henry Runger (E. SE. 19). Alfred Smith ( NE. 21). Jurgen Renken (E. NWV. 21). Heirs Jerry W. Griggs (W. NW. 21) Charles A. Anderson (SW. 21). Charles Buck (SE. 21). Soren Anderson (NE. 23). August Walquist (NW. 23). Martha An Marsh (SW. 23). Christine Dixon (SE. 23). Bernhard Kniese (NE. 27). Wallace Lasher (NWV. 27). Charles Bartlet and Karl F. Snow (SW. 27). Christopher Nelson (SE. 27). Michael Hollis (N. SW. 29). Thomas Barry (S. NW. 29). Max Thorman (SE. 29). Elizabeth Goergen (SE. NW. 31).


CARROLL TOWNSIIIP.


Harvey Virgil ( NE. 3). Heirs Elmer A. Nelson (E. NW. 3). Edwin McFarland (NW. 3). Melvin D. Finch (SW. 3). Ellen McCartney (SE. 3).


L. S. Bassett and Eugene Riddell (SW. 5). Emily Powers (SE. 5). Theodore Dockendorf (E. SE. and SW. NE. 7).


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Charlotte Atherton (E. NE. II). Jacob Shelser (NE. 29). Edward Mulligan (NW. 29). James Potter (S\\'. 29).


William H. Sleeper (SE. 29).


John F. Langenhorst (E. SE. 31).


George McKenna (W. NE. II).


Carrie Griffith (E. NW. II).


Elizabeth H. McClellan (W. NW II)


George H. Whitmore (S\V. 1I). Daniel M. Merwin (N. SE. II). James Harkin (S. SE. II).


· William H. Bilsland ( NE. 15). Andrew Harkin (SW. 15). John Bilsland (NW. 15). Porter S. McNutt (SE. 15). James Kelly (NW. 17). George Mennig (SW. 17). Henry O. Hurlbut (Part 19). Dixon A. Harkin (NW. 23).


Henry Boneskonsker (SWV. 23). John A. Harkin (NE. 23). William M. Smith (SE. 23).


FLOYD TOWNSHIP.


Charles Daugherty (NE. 3). James Cutsinger (NW. 3).


George W. Patterson (S\V. 3).


Florence Sullivan (SE. 3).


Myron H. Damon (SW. NE. and NIV. SE. 7). Philip Ling (NE. NW. 7). John Beacom (NE. 9). John J. McGrath (NW. 9). Bernard F. Treanor (SW. 9). Thomas Beaconi (SE. 9). John McGrath (NE. 17). Scott Logan (N. NWV. 17). William R. Davis (S. NW. 17).


John Weir ( Part 17). Michael J. McGrath (SE. 17). Francis A. Lamıb (E. NE. and E. SE. 19). James Burns ( E. NE. and E. SE. 25. William Burns (W. NE. and W. SE. 25). Thomas Burns (NIV. 25). Timothy Donahue (SWV. 25). Judson W. Bishop (S. 29). James Griffin (SE. NE. and NE. SE. 31). Scott M. Ladd ( 15 acres 31). Patrick Kelly (SE. 33).


( Both the squatter and railroad contract man are given above, both being engaged in the long contention. The successful ones are given only ).


CHAPTER VI.


COUNTY GOVERNMENT.


The county governmental affairs are administered and managed through the offices of the county auditor, county treasurer, clerk of courts, county recorder, sheriff, coroner, county attorney, county superintendent of schools, county surveyor, the board of supervisors and sundry town, township and school officials. The terms of all county officials are now for two years and all elections take place in the even numbered years, except that the county superintendent will hereafter assume his duties on September Ist and all other officials on January Ist of the odd numbered years. We will review each of these offices in this chapter or in the chapter on "The Courts," both as to their duties and the particular duties as performed in this county, and various policies with which they have dealt from time to time.


COUNTY AUDITOR.


Joseph B. Stamp is the present county auditor. The proceedings of the board of supervisors are transacted in his office and recorded by him. He carries out all orders of the board. It is the most important office in the county. In fact, it handles practically every business item in which the county is interested. The auditor makes the tax lists from the returns of the assessors and the tax levies from the various reports from the township and town and school boards. He deals with every official in the county, town. township and school board and with the state officials, and including town councils, mayors, justices of the peace, assessors, trustees, road supervisors, school directors, clerks and treasurers. The board of supervisors is judicial in some of its proceedings, and appeals may be taken from many of its actions to the district court. The auditor, with the county treasurer, holds the tax sales, and receives the money when redeemed. He, with the clerk and county recorder, draws the grand and petit juries. He enters all deeds for taxation, which in part becomes an abstract of title to all lands and lots in the county. He sells the school lands, and issues certificates to the governor calling for patents on same. He loans the funds or proceeds from these sales. He exe- cutes the county bonds, with the chairman of the board. With the board, he


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and they act on all the financial policies of the county, the treasurer merely paying out on the warrants or orders of the board. He manages the pur- chases and sales of all school books under the uniform text book sys- tem. He issues licenses to peddlers and hunters and keeps the record of estray animals, and manages sundry items relating to the old soldiers, with its sundry humane connections. He deals with all matters relating to elections and their returns. His office has certain relations with the insane and the prisons, and must make reports to various state and federal authorities. In fact, this is an all-around office and equal to a bank in management. He issues all orders passed by the board. His entries are in a sense a dupli- cate of the treasurer and a check on that office. He issues bounties for wolf scalps. This office, which was created in 1870, deals with more separate items than any other in the county. Inasmuch as the two officers, county judge and county auditor, performed much the same duties, we will treat it under one head.


ACTUAL TERMS OF AUDITORS AND COUNTY JUDGES.


The following have been the terms as shown by the records, first of county judge : I. C. Furber, from February 6, 1860, to November 11, 1860. Archibald Murray, from November 11, 1860, to January 1, 1862. J. R. M. Cofer, from January 1, 1862, to March 1, 1863. John L. McFarland, from March 2, 1863, to January 2, 1865. Moses Lewis became county judge January 2. 1865, and the record shows him to be filling that office up to June 6, 1868. However, in the latter part of 1865 it shows that John Moore was county judge, though the records are not sufficiently definite either as to any election or his dates of service. Archibald Murray qualified as county judge June 6, 1868, and held same until January 1, 1870, when the office was abolished and he then became county auditor and held that position until January 1, 1872. Andrew J. Edwards followed from January 1, 1872, to January 1, 1876; George W. Schee from January 1, 1876, to January 1, 1880: J. L. E. Peck from January 1, 1880, to January 1, 1884; T. J. Alexan- der from January 1, 1884, to January 1, 1888; Charles H. Winterble from January 1, 1888, to January 1, 1895: John T. Conn from January 1, 1895, to January 1, 1899: Frank C. Wheaton from January 1, 1899, to January I. 1903 : John P. Bossert from January 1, 1903, to January 1, 1913, and Joseph B. Stamp from January 1, 1913, and is the present incumbent. We will commence with Archibald Murray, for the reason that he and Henry C. Tiffey did practically all the record work of the first ten years. The other


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county judges merely carried out and became a part of that early looting which is sufficiently noted elsewhere.


ARCHIBALD MURRAY.


Archibald Murray was born in Lewiston, Niagara county, New York, in 1830, in which place he was raised, attending the district and higher schools of the town. He came west in 1885 and went into the land business in Winnebago county, Iowa, where he remained three years. About this time he entered into the Indian service and was for several years in the One Hun- dred and Ninety-sixth Iowa, and served in western Iowa and other places. As will be seen elsewhere, it was on a petition signed by Hannibal H. Water- man and seven others, and by this company of soldiers, that secured the county organization, though the names of the soldiers seems not to have been considered by the court. Mr. Murray participated in the organization, and his was one of the seven votes at the election of organization, and he became its first district clerk and surveyor. It has at times been claimed for Mr. Murray that he was not in the business of organizing western counties, like Bosler, Cofer, Tiffey and others, but after reading his many earmarks left. together with his name appearing in sundry other counties in like manner as in O'Brien. this charity can hardly be extended to him. For thirteen years he participated in all the public business and doings of this pretended county, and was acceptable to that official few who were the sole inhabitants until 1872, and filled every office in the county except county superintendent. He was judge at its first election. He and Tiffey did most of the record work. He built the "old log court house," as likewise the "not-to-be-over-eighteen- feet-square court house." On January 1, 1865, he became treasurer and recorder. He was county judge from November 1, 1860, to January 1, 1862, and was sheriff also part of that year, and again county judge on June 6, 1868, and in November, 1868, also became district clerk. On January I, 1870, he became the first county auditor. It is thus seen that he was the only one of the original organizers of the county (except Mr. Waterman, who became a member of the board in 1870) handed down to the period of sub- stantial settlement and who succeeded in engrafting himself into the good will of the homesteaders. There was a reason. He was a whole-souled. generous man, both individually and with the public funds, and was; in fact, a man whom people liked. He was a man of "de peoples," for honest old Dutch Fred, who declared himself to be "de peoples," died with the request that he might be buried by his side. When Dr. L. E. Head, county superin-


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tendent, was consumptive and sick, Mr. Murray promptly contributed to and raised a fund to send him west for his health. O'Brien county cannot excuse Mr. Murray's public doings as this history shows that public business was transacted, but all the old settlers looked upon him with over generous im- pulses and as everybody's friend. He must have had a better side to his life, else the old settlers who had gotten control in 1870 would not have elected him county auditor. He was a tall, light complexioned, full-bearded, con- sumptive man. He died in the early part of the year 1873 and was buried at Old O'Brien, and George Rising was his executor, though his estate com- prised no property and was dropped. He had married Phebe Morrow, later the wife of W. W. DeWitt, long a resident of Peterson. He was a man of industry beyond his strength. He was very attentive to details, but was simply a handy man for those looters, as these records show. He was rather a bookkeeper than a man with a policy. This was what was wanted. He evidently never inquired much about whys and wherefores. In the main he filled the office of county judge and auditor until 1872. His being a delicate, sickly man may perhaps partially account for some of his relative situations with those first men. They did the real business and he simply kept the record of what they did. He probably signed more warrants, bonds, coupons and orders and other vouchers in face value than any other man ever in the O'Brien county offices, in either the earlier or later years. However, unlike those other "seven," he was a real homesteader, but we do not get away from the fact that he was immediately on the ground the very day of this organiza- tion. He could not have signed all those warrants and vouchers without direct knowledge that bad business was on deck. He probably signed three- fourths of the warrants and other evidences of debt that made up the colossal county debt left as a legacy for the later settlers to worry with. He sub- mitted to their manipulation and participated therein.


ANDREW J. EDWARDS, COUNTY AUDITOR.


Andrew J. Edwards became the second county auditor on January 1, 1872, at Old O'Brien, and served four years. He was born at Sidney, Ohio, March 20, 1813. His father, William Edwards, born in 1762, lived to be one hundred years old. The son was married in 1843. He left nine children, most of them raised in the county, George, Frank, Charles, Mary, Susan, Anna, Arminta, William and Frederick. He enlisted in July, 1861, at Sidney, Ohio, as captain of Company C, Twentieth Ohio Volunteer Infantry, First Brigade, Second Division, Fifteenth Army Corps, and was discharged July 17.


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1863. He homesteaded in O'Brien county on section 24, in Grant, in 1867. He was every inch a soldier, tall, straight as an arrow, long black beard, a man of distinctly military bearing. Mr. Edwards was auditor during four years in its darkest period, and individually passed through the roughest ex- periences of the pioneer, not merely in county affairs, but through the grass- hopper scourge and all else endured by the homesteader.


His oft-repeated expression, "Dod blame it, boys," fully states the tumult of both record and actual life in which by this time the settlers were trying to take a hand, as otherwise herein shown, but in which during his term not much headway was made. That day indeed had not yet arrived. The one conspicuous item during his administration was the gopher scalp bounty, which was ordered by the board under Archibald Murray, and in the four years of Mr. Edwards' official term assumed proportions even unto a swindle and farce, comparing with those earlier bad items we have detailed. A bounty of five, then seven, then ten cents was offered. The real wrong lay in that, as it developed, it was not so much the ridding of gophers as the thought and fact that the people were dreadfully hard up incident to home- steading and baffling of grasshoppers, and everybody seemed to yield to the current hand-down for those years that county warrants being about the only money in circulation, each party wanted some share, and this placed them in easy access to all. The reader will judge the extent to which the homesteader had a partial excuse. It evidently got clear away from its legal intentions. They were brought in by the hundreds and many jibes were thrust at Captain Edwards in his dilemma in counting stale scalps, and (as was the joke) hides cut up into scalps. The people finally, as this debt question was discussed, insisted on its being abolished. The interest on this debt itself during his term, at ten per cent, was nearly twenty-five thousand dollars per year. They simply despaired at the outlook and kept right on issuing county warrants. It all resulted, however, at the election in 1875 of the people demanding a candidate for that office who would go into those matters and all matters relating to the troubles of the county, and to probe and ascertain its real con- ditions, which was accomplished in the candidacy of George W. Schee, his election, and his assumption of the office on January 1, 1876. The county questions solved out during his term will be found elsewhere, and also in his biography, as will likewise be found the continued questions in this office under the administration. The reader is also referred to the biography of J. L. E. Peck and other items hereon reciting the policies of his administration of the office of county auditor from 1880 to 1884.


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THE COUNTY TREASURY AND ITS OFFICIALS.


In a general way we have divided the county affairs into two periods. We have recited the early debt and its attending results. These results did not end in a day. First, then, the period from the organization of the county up to January 1, 1884, at which time the people had practically solved these old matters and decided upon its policy of payment of the debt and had placed the county on a cash basis. These twenty-four years were indeed the troublous and vexatious years of the county. Second, the period from January 1, 1884, to the present time, or the prosperous period.


The following is a list of the county treasurers during this first twenty- four years : Hannibal H. Waterman, from February 6, 1860, to November II, 1860; I. C. Furber, from November 11, 1860, to January 1, 1862; James WV. Bosler, from January 1, 1862, to June 1, 1862; J. R. M. Cofer, from June 1, 1862, to March 2, 1863; David Carroll from March 2, 1863, to June 2, 1864; John L. McFarland, from June 2, 1864, to January 1, 1865 ; Archi- bald Murray, from January 1, 1865, to January 1, 1868; Chester W. Inman, from January 1, 1868, to January 1, 1870; Rouse B. Crego, from January I, 1870, to February 25, 1871 ; John R. Pumphrey, from February 25, 1871, to January 1, 1874; J. C. Doling, from January 1, 1874, to January 1. 1876; Stephen Harris, from January 1, 1876, to January 1, 1878; T. J. Alexander, from January 1, 1878, to January 1, 1884.


During this first period the county had the old debt, the grasshoppers, the first openings of farms, pioneer incidentals, and individual debts galore to deal with. During this time also the whole east and south half of the county had but one store and one bank, and that bank with no capital. They were inadequate to meet the needed credits. The county treasurers had their trou- bles. It was about the one and only place where actual money existed. The county treasurers were all placed like unto the predicament of Clark Green in his store in the dishing out of his groceries. It needed a heart of flint to withstand the pitiful appeals to both storekeeper and county treasurer. It all created a perplexing problem.


Chester WV. Inman, who was county treasurer from January 1, 1868, to January 1, 1870, was, after his term expired, cited before the board three times to make accounting by record resolution and suit was ordered. Rouse B. Crego, who was treasurer in 1870 and part of 1871, was addicted to drink. He bought four thousand dollars worth of horses, as was claimed, with the (8)


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public funds, shipped them to Sioux City, sold them and spent a lot of the money, being absent several weeks. The board, by resolution, declared the office vacant, and appointed John R. Pumphrey to the office, he being Crego's deputy. On Mr. Crego's return he brought suit in the courts to recover the office back, but the courts sustained the ouster. Mr. Pumphrey held the office until January 1, 1874, followed by J. C. Doling. Mr. Doling had no'troubles and filled the office two years.


Stephen Harris was the deputy of Mr. Doling two years, and then was himself treasurer for two years. Mr. Harris held the treasurer's office during the four hardest years of the grasshopper period. These conditions brought discontent and discouragement with the people. At the close of Mr. Harris' term occurred one of the most exciting political fights ever in the county, between Mr. Harris and T. J. Alexander. Mr. Alexander was nominated in the convention against Mr. Harris by only one-seventh of a vote majority, and was elected at the polls by only seventeen majority.


CONTESTED ELECTION.


These close figures brought on an election contest in a special court be- tween these two candidates. As provided by the statute, the court to hear and determine such contests is made up of three judges, one, the chairman of the board of supervisors, in this case B. F. McCormack. Each party under the statute selected one judge. Mr. Harris selected William E. Welch, an- other member of the board from Baker township, and Mr. Alexander se- lected J. C. Elliott, of Sheldon, the three comprising the court. Charles H. Allen, O. M. Barrett and D. A. W. Perkins acted as attorneys for Mr. Har- ris, and M. B. Davis and J. L. E. Peck for Mr. Alexander.


The facts developed that in Carroll township they had used a cigar box for a ballot box, as was often done in the early day. It was proved during the process of voting at the election that they could see the ballots through the cracks.




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