USA > Iowa > O'Brien County > Past and present of O'Brien and Osceola counties, Iowa, Vol. I > Part 25
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Iowa laws being changed in 1913 granting extended powers and privi- leges to loan and trust companies, allowing them to act in more of an in- dividual capacity as guardians, trustees, and executors of persons and estates,
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as well as allowing them to buy and sell real estate, make farm loans, and write insurance, Mr. McCandless decided to reincorporate his business and take in some new stockholders, and some younger men to assist him in the management, and in January, 1914, he took out a charter as the Empire Loan and Trust Company with paid-up capital of $50,000, and with the fol- lowing officers and stockholders: John McCandless, president; E. B. Star- rett, vice-president : E. C. Starrett, secretary ; C. O. Button, treasurer ; Fred E. Frisbee, John H. Archer and Judge W. D. Boies.
O'Brien county has indeed a substantial banking plant, if we may be allowed that expression. The whole banking system of the county may be said to be embodied in a solid groundwork. Indeed we can scarcely name a single large wind-bag, chuck hole, scheme or visionary promotion in which any large capital is invested within the county. The investments by its bankers and citizens have been largely either in loans to men owning farms in moderate amounts, or invested in the land itself, which can neither be burned up or stolen. The chances are very few for even small losses. This is true in an unusual degree in this county as compared with many localities. These large surpluses now set apart more than amply furnish this security even to its stockholders. A large part of the bank stock of the whole county would sell for from one dollar and a half to two dollars for each dollar of bank stock outstanding. The very fact that there are no banks and scarce any bank stock for sale in the county evidences this reliability and security of the banking system in the county. While it may be somewhat statistical in figures and names, we will close this chapter on banking with a complete list of its banking institutions showing their presidents and cashiers and other officials, the amount of capital stock, the amounts of surplus, deposits and loans, with the correspondents on which bank drafts are drawn.
In round numbers, it will be seen that the total capital stock of banks issued in the county is six hundred thousand dollars, with a surplus of three hundred thousand dollars. In other words, the banks of the county have set apart a surplus or reserve fund equal to one-half the amount of its capital as additional strength to the several banks and likewise as a security to its depositors.
The total deposits are about four and one-half million dollars. The out- standing loans or bills receivable are practically in the same amounts. W'e give this list of banks and officials below and write this chapter on banking as showing the substantial men who have had in the past and now handle the large property transactions of the county.
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In addition to these actual managers of the banks, we call attention to the fact that each bank of the county has a long list of farmers owning bank stock in these several institutions, which, when we realize the fact that each farmer owning a quarter section of land is worth twenty-five thousand dol- lars, and these farmers owning larger farms in many cases, we may appre- ciate the force of these statements. Land investment is solid and safe.
This being an agricultural county, its bankers and citizens in their in- vestments have naturaly followed the farm and landed idea. Practically all the bankers and capitalists in the county have for thirty years been con- tinually investors in land in Minnesota, Wisconsin, the Dakotas and other western states and Canada. The older farmers, as they have grown in wealth, with families of boys and girls to be provided for, have followed the same trend and invested in the cheaper lands, that the children, too, might follow in their footsteps and grow up with those newer states.
For instance, the single combination of George R. Slocum, O. H. Montz- heimer and John Metcalf and others associated with them have opened up sundry separate tracts of new lands in Minnesota and Wisconsin, in single bunches of more than forty thousand acres and other lesser tracts. Mr. Schee, Mr. Patch and many others have handled and settled up, by induce- ment to settlers, tracts in the thousands of acres. They thereby not only made much money themselves, but in result acted as financial guides to pur- chasers, in many cases financing these purchasers for many years and se- cured homes to many who could not otherwise have secured homes. We doubt if a dozen counties in Iowa have contributed more largely in success- ful and actual development of large tracts than those who have gone out with their funds from O'Brien county. We might name other syndicates within the county who have financed similar enterprises, as for instance, Oliver M. Shonkwiler, W. P. Davis, W. J. Davis, Frank Patch, T. B. Bark, John H. Archer, William Archer. Ralph Hinman. J. L. E. Peck, William Briggs, George W. Harris. George Raw, John V. Adkins, H. R. Dealy, J. H. Daly, William Harker, J. L. Green, George R. Whitmer, Frank Teabout, Elmer E. Hall, Allen Crossan, W. W. Artherholt, Clarence W. Ingham, W. A. Rosecrans, W. S. Armstrong. John McCandless, D. H. Smith, Joseph Shinski, L. T. Aldinger, the Myers Brothers, Frank and Fred Frisbee, Jur- gen Renken, C. S. McLaury, and many others too numerous to mention.
This banking strength, being largely backed by land and landed values and land ideas, has given our banks a land specie and coinage value that places all estimates and valuations above par in dollars and cents.
It can indeed truly be said that O'Brien is the one county where every
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farmer runs a bank and where every banker runs a farm. It can farther be truly said that O'Brien county brains, and O'Brien county capital, and O'Brien county dollars, and O'Brien county farming manual labor, has ac- cumulated, developed, marshaled and "Pierpont-Morganized" the large pro- perties of the county into one great banking house, represented in twenty banking institutions, well distributed in our towns for the general farm and agricultural benefits.
PRESENT BANK STATISTICS.
Primghar.
First National Bank-Number 785 : established, 1889; president, H. W. Smith ; vice-president. O. H. Montzheimer ; cashier, Ralph Hinman ; assistant cashier, R. M. King; capital, $25.000: surplus, $26,000; deposits. $280.000; loans, $280,000. Correspondents, Corn Exchange National Bank, Chicago, and Security National Bank, Sioux City.
Primghar Savings Bank-Number 786: established 1894; President, William Briggs; vice-president, John H. Archer; cashier, L. T. Aldinger ; capital, $30,000 ; surplus. $9.000; st, $165,000; loans, $175,000. Corre- spondents. Corn Exchange National Bank. Chicago: First National Bank, Sheldon. and People's Trust and Savings Bank, Clinton.
Sheldon.
First National Bank-Number 307; established 1888; president, Fred E. Frisbee : vice-president. John H. Archer : cashier, F. W. Bloxam ; assistant cashier, F. L. Barrager ; capital, $100,000; surplus. $50,000 ; deposits, $750,- 000; las. $700,000. Correspondents. National Park Bank, New York; Continental Commercial National Bank, Chicago. and First National Bank. Minneapolis.
Sheldon National Bank-Number 307; president, James F. Toy; vice- president. W. C. Kimmel: cashier, W. E. Clagg; assistant cashier, Delko Bloem ; capital, $50,000 ; surplus, $5,000; deposits, $180.000; loans,$180,000. Correspondents, Fort Dearborn National Bank, Chicago; Northwestern Na- tional Bank, Minneapolis; Commercial National Bank, Sioux City, and Mer- chants' National Bank, Cedar Rapids ; established, 1905.
Sheldon Savings Bank-Number 1694; president, William Meiers; vice- president, F. L. Myers ; cashier. E. B. Myers ; assistant cashier, John Vesteeg ;
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capital, $30,000; deposits, $40,000 loans, $50,0000. Correspondents, Na- tional City Bank. Chicago, and First National Bank, Sioux City ; established, 1912.
Union Bank-Number 306; president, G. W. Sherwood; cashier, W. H. Sleeper ; individual responsibility, $500,000. Correspondents, First National Banks, Chicago and Sioux City : established, 1882.
Sanborn.
Sanborn Savings Bank-Number 563: established as such, 1898; estab- lished as private bank by Harker & Green, 1878: president, J. H. Daly; vice- president. Fred E. Frisbee ; assistant cashier, J. A. Johnson ; capital, $25,000 ; surplus, $16,000; deposits. $257,000; loans, $221,000. Correspondents, Continental National Bank, Chicago: First National Banks, Boone and Shel- don.
Sanborn State Bank -- Number 562: established, 1883; president, Peter Velie: vice-president. A. J. Shea : cashier. W. A. Solon; capital, $25,000; assistant cashier, G. M. Solon; surplus, $2,000; deposits, $175,000; loans, $155,000. Correspondents, Corn Exchange National Bank, Chicago, and First National Bank, Council Bluffs.
Hartley.
First National Bank -- No. 93; established 1893 ; president E. F. Broders ; vice-president. W. J. Davis ; cashier, H. T. Broders ; assistant cashier, J. H. Bordewick; capital, $50,000: surplus, $25.000; deposits, $275,000; loans, $290,000. Correspondents. Continental Commercial National Bank, Chicago; Des Moines National Bank, Des Moines ; Cedar Rapids National Bank, Cedar Rapids, and First National Bank, Sheldon.
Farmers Savings Bank --. No. 598: established 1903; president, Henry Schmoll; vice-president, H. C. Voss : cashier, H. T. Broders : capital, $10,000; surplus, $5.000; deposits, $95.000; loans, $85.000. Correspondents, Durant Savings Bank, Durant : First National Bank, Hartley.
German Savings Bank -- No. 597; established 1902; president, J. T. Conn ; vice-president, Wm. T. Voss : cashier, G. E. Knaack; assistant cashier, Wm. Greenwaldt; capital, $20,000; surplus, $12,000; deposits, $250,000 ; loans, $240,000. Correspondents. Continental Commercial National Bank, Chicago; Iowa National Bank, Des Moines: Merchants National Bank, Cedar Rapids.
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Hartley State Bank-No. 595; established 1882; president. Frank Patch; vice-president. D. A. Patch: cashier, F. R. Patch: capital, $50,000; surplus, $15,000; deposits, $290,000; loans, $300,000. Correspondents, National Bank of the Republic, Chicago; German Savings, Davenport.
Moneta.
Moneta Savings Bank-No. 1477; established 1907: president. W. J. Davis: vice-president, P. F. Schoelerman; cashier, W. A. Burlet : assistant cashier, C. L. Burlet : capital, $10,000; surplus, $2,000; deposits, $65,000; loans, $60,000. Correspondents, Continental Commercial National Bank, Chicago; First National Bank, Hartley.
Archer.
Bank of Archer-No. 2230: established 1895; president, John H. Archer ; vice-president, William Briggs: cashier, W. J. Sinyard; individual responsibility, $500,000. Correspondents. Corn Exchange National Bank, Chicago; First National Bank, Sheldon.
Gaza.
Farmers Savings Bank-No. 1399: established 1910: president, F. W. Martin : vice-president, H. B. Lake ; cashier. C. F. Reifsteck ; assistant cashier, R. W. Webster; capital, $10,000; surplus, $5.000 deposits, $51.000 loans. $50.000. Correspondent, National Bank of the Republic, Chicago.
Calumet.
Bank of Calumet-No. 1231 : established 1885; president, L. Reifsteck; cashier, George Reifsteck; assistant cashier. C. F. Reifsteck ; capital, $10,000. Correspondent, National Bank of the Republic, Chicago.
Paullina.
Bank of Paullina-No. 745 ; established 1883 ; president, J. V. Adkins ; vice-president, W. C. Metcalf ; cashier, George Raw: assistant cashier, H. C. Lage : capital, $50,000 ; surplus, $100,000 ; deposits, $390,000 ; loans, $427,000. Correspondents, First National Bank, Chicago: Security National Bank. Sioux City ; Merchants National Bank, Cedar Rapids.
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Farmers State Bank-No. 746; established 1886; president, J. F. Toy; vice-president, William Cain: cashier, George W. Harris: assistant cashier, A. H. Myer ; capital, $25,000; surplus, $13,000; deposits, $236,000; loans, $215,000. Correspondents, First 'National Banks, Chicago and Sioux City : Cedar Rapids National Bank, Cedar Rapids.
Sutherland.
First Savings Bank-No. 829: established 1883 ; president, S. J. Jordan ; vice-president, Ralph C. Jordan; cashier. C. P. Jordan ; assistant cashier, E. C. Briggs; capital, $25,000; surplus, $7,200; deposits, $160,000; loans, $158,000. Correspondents, Hanover National Bank, New York; Con- tinental Commercial National Bank, Chicago; Security National Bank, Sioux City.
Sutherland State Bank-No. 830; established 1886; president, W. P. Davis; vice-president, A. J. Sieh ; cashier, T. B. Bark ; assistant cashier, H. N. McMaster; capital, $40,000; surplus, $3,000; deposits, $245,000; loans. $240,000. Correspondents, Continental Commercial National Bank, Chicago; First National Bank, Sioux City ; Iowa National Bank, Des Moines.
CHAPTER XVII.
THE COURTS.
There have been two courts of record in Iowa. The district court, having general jurisdiction of civil and criminal matters, existed prior to the organization of the county. In 1868 the circuit court, having exclusive juris- diction in probate matters and concurrent jurisdiction with the district court in civil matters, was established. The circuit court was abolished in 1886.
The district court had exclusive jurisdiction in criminal cases. Since 1886 the district court has had exclusive jurisdiction of all court matters, including civil, criminal and probate cases.
At the organization of the county it belonged to the fourth judicial dis- trict, which was then composed of twenty-two counties in northwestern Iowa. Later it was contracted to include Lyon, Osecola, Sioux, O'Brien, Cherokee, Plymouth. Woodbury. Monona and Harrson counties. In 1886 Harrison county was set off into the Council Bluffs district. The remaining counties composed the district until March, 1913. when the six northern counties were set off to constitute a new district-the twenty-first-leaving Monona and Woodbury composing the fourth judicial district. Judges Boies and Hut- chinson are sole judges of the new twenty-first district.
Following is the schedule of district judges who have held office since organization of the county: Asahel W. Hubbard, Woodbury county, 1860- 62: Isaac Pendleton, Woodbury county. 1863-66; Henry Ford, Harrison county, 1867-74; Charles H. Lewis, Cherokee county, 1875-1890; Scott M. Ladd. O'Brien county, 1887-96: George W. Wakefield, Woodbury county, 1887-1905: Frank R. Gaynor, Plymouth county, 1891-13; Anthony Van Wagenen, Lyon county, 1892-94: John F. Oliver, Monona county, 1895; William Hutchinson, Sioux county, 1897: J. L. Kennedy, Woodbury county, 1905-06: David Mould, Woodbury county, 1906; William D. Boies, O'Brien county, 1913.
Asahel W. Hubbard held the first term of court in this county, and on March 23. 1861, issued an order fixing the first term to be held June 3. 1861, "to continue in session two days if the business required it." No record of any such term being made in the court minutes, it is safe to say that business
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did not require it and the term was not held. April 24, 1862, a similar order issued fixing the term to begin June 9, 1862, and continue for the same length of time. This term was held according to the order and was of course held at the first county seat. Old O'Brien. The court officials were H. C. Tiffey, clerk, and G. Hoffman, sheriff. Henry Gollickson, Knude Stennerson and Christian Johnson, formerly citizens of Norway, presented themselves for naturalization and upon taking the oath of allegiance and fidelity to their adopted country, were granted certificates recognizing them as full-fledged American citizens and entitled to vote as such. In those days citizens were sorely needed and courts, being less strictly limited by law and watched by federal inspetcors, were very lenient in granting letters. A comparatively slight examination was required as to their qualifications.
On the afternoon of June 10, 1862. the second day of the term, judg- ment was entered by default against defendant in the suit of Kellogg and Kirby versus AAdolph Wehrmann, for the sum of four hundred and forty- nine dollars. Greeley Gale & Company secured a decree against F. Wehrmann et al., setting aside a deed that had been executed by Adolph and Augusta Wehrmann in favor of F. Wehrmann, conveying two thousand one hundred and sixty acres of land in what is now known as Omega, Lin- coln and Summit townships, and establishing the lien of a certain judgment against the lands. The records were then read, approved, and signed by the trial judge and court adjourned.
Judge Hubbard served as a member of Congress from this district after the end of his judicial career, his congressional experience extending from 1863 to 1869, inclusive. He was a prominent and distinguished pioneer citi- zen of and identified with the beginnings of Sioux City. He built the first hotel and organized the first railroad company in that vicinity. His son. Elbert H. Hubbard, who finally succeeded him in Congress; was well and favorably known to the later generation in this district.
Following this term there seems to have been a hiatus in judicial practice in the limits of the county. Settlers were few and far between : business, on account of war, was more or less depressed even in well populated centers. and not a line of record appears during a period of over seven years, except the occasional filing of a transcript of judgment from other counties to this . county.
Isaac Pendleton, a judge in this district, never held a term of court here, so far as the record shows. He was born in 1833. located in Sioux City in 1858 and resided there till his death, July 17, 1896. He was elected
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to office in 1862 as a Republican, but afterwards became a Democrat. Brilliant in his literary attainments and learned in his profession, eloquent and possessing a wide knowledge of the common affairs of life, he was an able and powerful advocate of any cause he espoused, and was for many years the leading advocate in northwestern Iowa. He may better be said to be the founder and father of the Republican party in northwestern Iowa than any other man. He was a member of the ninth General Assembly, a presi- dential elector in the second Grant campaign and held many other places of trust and honor. He was a noble man, of brilliant mind, of great power, and of the kindliest sympathies : noble in ambition and aspiration and noble in his dealings with his fellow man.
Henry Ford, who had removed from Keosauqua, Iowa, to Magnolia. Harrison county, in May, 1860, served one term as district attorney and three terms as district judge. 1867-1874. Judge Ford's first term in the county was held in November. 1870. The commencement of the term had been assigned for the second day of the month, but, on account of delay in arrival of the judge, it was not actually held until the 26th. The first fore- closure of a mortgage noted in the county court records was entered Novem- ber 26. 1870, when Webb Vincent, a Fort Dodge baker, secured judgment against R. B. Crego and wife, foreclosing a mortgage amounting to four hundred and fifty-nine dollars and costs against the northeast quarter of section 36 in Waterman township. August 25. 1871. James and John Shoup secured judgment against C. W. Inman and R. B. Crego and wife, foreclosing a mortgage against lots 10, 1I, 20 and 21 in town of O'Brien and also the north half of the northwest quarter of section 36, Waterman township. At the same term John L. Nicodemus secured a similar decree against Crego's interest in two hundred acres on the same section for an indebtedness aggre- gating one thousand dollars. On this same date Webb Vincent secured the first judgment ever entered against the county in the local court. It was for the sum of two thousand five hundred and three dollars. A. N. Bostford, of Fort Dodge, was attorney for the plaintiff and Eugene Cowles, of Cherokee. appeared for the county. This case was contested. The judgment was after- ward satisfied in full.
Among the early attorneys mentioned in the court records are Wilson & Dry, I. M. Pemberton. Orson Rice and George F. Haswell. In June, 1872, the Iowa Falls & Sioux City Railroad Company brought an action against the county treasurer and secured an injunction restraining enforcement of taxes prior to the year 1872 against lands in this county, which at that time
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consisted of many thousands of acres. The railroad company took the posi- tion that although they were beneficiaries under a land grant made by Con- gress to the state of lowa, that they had not received a conveyance of the land from the state until July 3, 1871, and the lands could not be properly taxed prior to the year 1872. Hon. N. M. Hubbard, of Cedar Rapids, who had served as district judge in 1865-66 and later was prominently identified with the legal and political life of the state, was one of the attorneys for plaintiff in this action and, illustrative of the drudgery and labor connected with the practice of law in that time, one has but to read the manifold pages of an extremely long petition all prepared by Judge Hubbard in his own handwriting. Compared with the modern attorney, dictating his pleading to a stenographer, we can see that there certainly has been considerable ad- vancement in the details of legal practice. Isaac Cook, another ex-judge of the district court, was also associated with Judge Hubbard in this suit. Later G. S. Robinson, of Storm Lake, and Joy & Wright appeared for plaintiff. The county was represented by Eugene Cowles, Barrett & Allen and D. A. W. Perkins. The litigation finally terminated in favor of the railroad company, it being held exempt from taxation of its lands prior to 1872.
The first mention of a grand jury in the county is December 1, 1871. when Judge Ford presided and C. H. Lewis, who afterwards became district judge, was acting as district attorney. As such he was the prosecutor for the state in all criminal actions. The district attorney found a defect in the method that had been employed to select a grand jury and on his motion the venire was set aside and a new panel of grand jurors drawn from a new venire. The fifteen so drawn were Adam Towberman, L. C. Washburn, Horace Gilbert, P. A. Hurlburt, W. A. Acer, John Wood, Robert E. Wood. Ed. Parker, Gus Baker, S. G. Sutter, Harley Day, William Welch, John Brock, Miles Allen and Henry Smith. This grand jury found no business for their consideration and were discharged.
April 12, 1872, Perkins Brothers Company secured judgment against the county for the sum of two hundred dollars, but this was, of course, soon afterwards paid.
The June, 1872, term of district court was conducted with the following officers : Henry Ford, judge: C. H. Lewis, district attorney; Stephen Har- ris, clerk ; A. H. Willits, deputy clerk, and Ed. A. Nissen, sheriff.
The first fine imposed in the district court in a criminal case was upon a plea of guilty. Henry Shultz confessed to an unlawful sale of intoxicating liquor and was fined twenty dollars, a portion of the costs being taxed against the county.
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In 1874 attorneys were admitted to practice in the courts of the state upon their application made to the district court. A committee of the bar was appointed to examine the applicant and if he was found qualified or otherwise proved himself a good fellow he was generally found proficient and recommended for admission. This method was found very easy to the aspiring sprig of the law, and the applicant today, when he considers the three years study under guidance of competent instructors and an exhaustive examination before the supreme court, now required, reads with longing eyes of the good old days of easy admission. As an illustration of the laxity shown, we find the following proceedings in the matter of application of Warren Walker for admission to the bar, filed in district court, this county, in April, 1874. The court appointed Charley Allen, Eugene Cowles and G. S. Robinson as a committee. The latter was a practicing attorney at Storm Lake. and afterwards judge of the supreme court and member of the state board of control. The report is as follows:
"The committee heretofore appointed to examine and report upon the qualification of Warren Walker to practice law as an attorney and counselor in the courts of said state ask to submit the following as their report: The committee find applicant to be a person of good moral character and that applicant has some knowledge of the statutory laws and practice of said state, acquired by reading works upon pleading and practice and by actual practice in justices' courts. That applicant has never read any elementary work or commentary upon the spirit and principles of common law. That applicant declares his intention. to procure and read such works as soon as possible.
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