USA > Iowa > Clinton County > The History of Clinton County, Iowa: Containing a History of the County, Its. > Part 36
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In case any election of Trustees, Directors or Managers shall not be made on the day designated by the by-laws, said society for that cause shall not be dissolved, but such election may take place on any other day directed by such by-laws.
Any corporation formed under this chapter shall be capable of taking, hold- ing or receiving property by virtue of any devise or bequest contained in any last will or testament of any person whatsoever; but no person leaving a wife,
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317
ABSTRACT OF IOWA STATE LAWS.
child or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his estate after the payment of his debts, and such device or bequest shall be valid only to the extent of such one-fourth.
Any corporation in this State of an academical character, the memberships of which shall consist of lay members and pastors of churches, delegates to any synod, conference or council holding its annual meetings alternately in this and one or more adjoining States, may hold its annual meetings for the election of officers and the transaction of business in any adjoining State to this, at such place therein as the said synod, conference or council shall hold its annual meet- ings; and the elections so held and business so transacted shall be as legal and binding as if held and transacted at the place of business of the corporation in this State.
The provisions of this chapter shall not extend or apply to any association or individual who shall, in the certificate filed with the Recorder, use or specify a name or style the same as that of any previously existing incorporated society in the county.
The Trustees, Directors or stockholders of any existing benevolent, char- itable, scientific, missionary or religious corporation, may, by conforming to the requirements of Section 1095 of this chapter, re-incorporate themselves or con- tinue their existing corporate powers, and all the property and effects of such existing corporation shall vest in and belong to the corporation so re-incorporated ·or continued.
-
INTOXICATING LIQUORS.
No intoxicating liquors (alcohol, spirituous and vinous liquors), except wine manufactured from grapes, currants or other fruit grown in the State, shall be manufactured or sold, except for mechanical, medicinal, culinary or sacramental purposes ; and even such sale is limited as follows :
Any citizen of the State, except hotel keepers, keepers of saloons, eating houses, grocery keepers and confectioners, is permitted to buy and sell, within the county of his residence, such liquors for such mechanical, etc., purposes only, provided he shall obtain the consent of the Board of Supervisors. In order to get that consent, he must get a certificate from a majority of the elec- tors of the town or township or ward in which he desires to sell, that he is of good moral character, and a proper person to sell such liquors.
If the Board of Supervisors grant him permission to sell such liquors, he must give bonds, and shall not sell such liquors at a greater profit than thirty- three per cent. on the cost of the same. Any person having a permit to sell, shall make, on the last Saturday of every month, a return in writing to the Auditor of the county, showing the kind and quantity of the liquors purchased by him since the date of his last report, the price paid, and the amount of freights paid on the same ; also the kind and quantity of liquors sold by him since the date of his last report; to whom sold ; for what purpose and at what price; also the kind and quantity of liquors on hand; which report shall be sworn to by the person having the permit, and shall be kept by the Auditor, subject at all times to the inspection of the public.
No person shall sell or give away any intoxicating liquors, including wine or beer, to any minor, for any purpose whatever, except upon written order of parent, guardian or family physician ; or sell the same to an intoxicated person or a person in the habit of becoming intoxicated.
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318
ABSTRACT OF IOWA STATE LAWS.
Any person who shall mix any intoxicating liquor with any beer, wine or cider, by him sold, and shall sell or keep for sale, as a beverage, such mixture, shall be punished as for sale of intoxicating liquor.
But nothing in the chapter containing the laws governing the sale or pro- hibiting the sale of intoxicating liquors, shall be construed to forbid the sale by the importer there of of foreign intoxicating liquor, imported under the author- ' ity of the laws of the United States, regarding the importation of such liquors, and in accordance with such laws; provided that such liquor, at the time of the sale by the importer, remains in the original casks or packages in which it was by him imported, and in quantities not less than the quantities in which the laws of the United States require such liquors to be imported, and is sold by him in such original casks or packages, and in said quantities only.
All payment or compensation for intoxicating liquor sold in violation of the laws of this State, whether such payments or compensation be in money, goods, lands, labor, or anything else whatsoever, shall be held to have been received in viola- tion of law and equity and good conscience, and to have been received upon a valid promise and agreement of the receiver, in consideration of the receipt thereof, to pay on demand, to the person furnishing such consideration, the amount of the money on the just value of the goods or other things.
All sales, transfers, conveyances, mortgages, liens, attachments, pledges and securities of every kind, which, either in whole or in part, shall have been made on account of intoxicating liquors sold contrary to law, shall be utterly null and void.
Negotiable paper in the hands of holders thereof, in good faith, for valuable consideration, without notice of any illegality in its inception or transfer, how- ever, shall not be affected by the above provisions. Neither shall the holder of . land or other property who may have taken the same in good faith, without notice of any defect in the title of the person from whom the same was taken, growing out of a violation of the liquor law, be affected by the above provision.
Every wife, child, parent, guardian, employer, or other person, who shall be injured in person or property or means of support, by an intoxicated person, or in consequence of the intoxication, has a right of action against any person who shall, by selling intoxicating liquors, cause the intoxication of such person, for all damages actually sustained as well as exemplary damages.
For any damages recovered, the personal and real property (except home- stead, as now provided) of the person against whom the damages are recovered. as well as the premises or property, personal or real, occupied and used by him,. with consent and knowledge of owner, either for manufacturing or selling intox- icating liquors contrary to law, shall be liable.
The only other exemption, besides the homestead, from this sweeping liability, is that the defendant may have enough for the support of his family for six months, to be determined by the Township Trustee.
No ale, wine, beer or other malt or vinous liquors shall be sold within two- miles of the corporate limits of any municipal corporation, except at wholesale, for the purpose of shipment to places outside of such corporation and such two- mile limits. The power of the corporation to prohibit or license sale of liquors . not prohibited by law is extended over the two miles.
No ale, wine, beer or other malt or vinous liquors shall be sold on the day on which any election is held under the laws of this State, within two miles of the place where said election is held; except only that any person holding a permit may sell upon the prescription of a practicing physician.
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319
ABSTRACT OF IOWA STATE LAWS.
SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIP- TION.
The business of publishing books by subscription, having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made :
A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the consid- eration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exag- gerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually puid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the princi- pal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.
All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they can not be altered, varied or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.
Persons employed to solicit subscriptions are known to the trade as can- vassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can nut extend the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their business.
It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is; if they can not read themselves call on some one disinterested who can.
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:
STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.)
No. of
No. of
No. of
Acres
Acres
COUNTIES.
Acres
Spring Wheat.
Winter Wheat.
Indian Corn.
Oats.
Value of
Products
of Im-
Unim-
under
proved
proved
Culti-
No. of
No. of
Bushels
No. of
No. of
Bushels
No. of
No. of
vation
Acres.
Bushels
In
Land.
Land.
No. of
No. of
of Farm
in 1874.
Acres.
Harv't'd
Acres.
Harv't'd
Harv't'd
Acres.
Bushels
Harv't'd
Dollars.
Appanoose.
161059
134:67
161083
156921
125188
9606
2385243
109388
77789
1049
10838
64871
24325
905920
13756
887346
81611937
Alimakee.
21146
61880
937689
181
1964
12776
442829
1415769
Audubon.
23819
15986
6876
89235
10
97
9225
65459
894655
184153
Adams
48735
54352
17917
281376
7
174
25474
969717
8951
Adair
Buena Vista
83182
141293
696318
33118
55680
66265
27550
50
30860
297518
37034
27010
435014
15514
162737
3500
1402428
228231
4455
159789
828171
2791
67069
Benton.
Boone
53911
156987
71810
239408
99406
1843066
290
7888
3328521
207828
85244
15490
445070
2664995
105642
32506
429257
11
84
46151
1595752
10101
404620
1018453
Butler ..
58908
20
700
98685
1270878
Bremer
149498
779167
18827
421719
1209765
Black Hawk
145067
124977
213025
47001
57907
104910
49878
644795
28254
1026641
14259
518571
1144620
Buchanan
150981
181236
89361
56592
1939590
16804
61291
1108024
538196
48831
Clay ..
19056
37069
71418
157210
812342
1811250
17451
556209
1898424
Cherokee
89319
38375
17481
158159
8797
180120
2615949
4436
99766
54638
289:4
45412
31693
9459
315215
115595
129313
3545
Cass ..
Crawford
45304
401507
85019
110864
58038
92785
15262
40123
676309
1901062
9079
821894
40582
648058
176281
1284899
21000
17957
2902
99158
Cedar
Cerro Gordo
248869
285414
41417
166185
40167
640541
26
295
78224
2845921
20213
675837
483357
2606149
Clayton
52930
212291
309895
48618
28199
415469
9512
26544%
7199
229097
591617
Clinton
29J835
151908
118622
86888
1305125
1247
21090
3:918
20024
609895
5:337
68683
1010845
12
428
89297
1471263
8061838
23704
702059
2081793
9049019
Chickasaw
96304
59065
94772
74104
401G2
643519
9
Carroll
63
16821
514279
309744
11744
446300
39159
26756
810161
894656
8
20
550041
8239
Clarke
99694
50487
78903
17968
217090
16014
1580260
107577
451865
7
Calhoun.
26996
26618
100631
55
99066
12897
367643
7054987
150038
150
Davis ...
116003
131597
11040
10
90993
10656
551120
5378
53 9
56405
62127
2115569
2993
73182
221613
Decatur
18648
345707
Dubuga-
115:51
87172
93275
1600090
187831
8211
7:169
12239
50484
1769140
10555
844551
1024541
Des Moines
98561
146244
9.618
49240
634185
817
1:20
67118
1702391
230.998
25115
643322
287392
1636182
Delaware
143665
472029
58165
10815
118996
8688
1173 0
102924
9212
632113
1772992
Dickinson
Dallas
15770
62306
161357
60401
71728
50
56150
1690.35
20077
1698314
132135
29830
11961
5501
2103
114025
29256
445848
3189
44455
57652
2484898
37282
51765
?
186
9997
335124
45334
Emmet
Floyd
9999
25596
8387
110708
1510
14278
14:038
32180
8911
2197
1519
8241
1502047
15244
15461
Fayette ..
179304
6206+
911439
26462
642448
457729
1967977
Franklin
98156
183758
60779
863650
46
968
87001
129618
20110
704407
1508127
63359
Fremont
115907
43 46
65390
$1096
455009
24066
758983
1460 9
198992
41926
103039
13229
206301
841
16625
9532
529679
79845
Grundy
185108
976657
1.03085
5419
777106
179645
1046066
67384
11786
401948
Green .
50310
49838
19091
257700
8:259
2
40175
1482582
783037
783027
1598977
4227
120248
620906
Gutbrie
47220
27489
393514
22
44
'Hardin
128931
76892
960
88302
1660134
4145
159505
792461
29114
39900
97565
Humboldt
96006
27019
98464
12016
497251
41904
1379961
10982
856915
1066627
20902
9908
297381
3974
90944
Howard
115923
171018
200001
61871
86115
58 390a
9916
807012
10210
340208
94818
784409
Harrison
83:451
72287
22918
149501
84
1200
44720
1620192
3462
69140
Hancock
10162
341015
9005
70006
1858
48816
786677
Hamilton
63966
89035
4859
89405
50249
52000
20076
294682
2067
57899
168262
Henry
182090
20441
670:31
5108
52762
7292
110831
6514
15026
180220
9041
118203
62672
2415670
13393
558221
1765670
Ida
8109
455
191041
9194
89357
48315
2301
108:65
2+12830
14060
7482212
Iowa
142401
158188
48410
193230
6702 17
36
1090
€2518
11756
$19071
144401
2005049
Jackson
43515
241021
550000
491
7913
58062
1605518
29052
8158178
521156
Johnson
278891
71257
193019
4506
6667.9
1274
522197
1750091
100
1:760
2447875
Jasper
179752
210949
79926
1107170
77143
100217
45259. 9
15267
592289
2916898
Jones.
209901
63 198
36090
464824
Jefferson
167389
208125
66979
140084
462175
161904
31
619-3
409
65123
1900624
18260
127590
16237
667:19
1695510
14005
446129
1696416
55061
Keokuk
868528
75697
8327482
447603
1590140
31550
98939
149672
83278
148
Kossuth
1868
15582
1919728
48793
29835
18199
1:0
Lee ..
183832
10798
108352
78032
183780
10:51
72624
15400
300107
9781
119777
5143
27857
Lucas.
59863
2190306
11817
279069
105306
1081518
59757
68837
Lyon ...
159.2
818811
18054
153587
31
929
47022
1902330
842164
12706
10996
12665
8177
18789
1090554
8182
62649
76.12
54
2645
82651
Linn ..
281118
175635
52178
650507
12
160
91773
8489928
585648
Louisa
151007
Mitchell
52022
100066
19.64
180009
1388
16267
49642
2181658
22670
2590052
126384
6.93
175755
20176
122100
91135
65594
1663739
Mahaska
232398
199669
150 68
SP 62
1083911
112,4
411961
3768209
14078
542662
1591878
305532
9697
Marion.
82779
200
88715
16646
496248
2195785
141512
159214
520663
183
2112
84630
8835063
10987
335:46
2181846
MIJIS
53601
812901
543
50518
6528
161996
188709
90837
45136
24385
1533976
232689
Madison
1003509
102215
187379
87553
628314
82
484
69194
2958630
8743
285108
Monroe
223735
78206
4.552
91730
11039
101418
263
5594
45575
1788916
2808256
11512
241081
1709080
Marshall
998362
52212
117309
63297
1123882
21
200
67699
18611
465245
2368478
Monona ..
56278
48 32
99914
15:31
2904
129099
183811
21577
8183-9
66175
Muscatine
447665
178945
Montgomery
104633
50607
82315
410471
63
1715978
13287
406562
1747906
86026
O'Brien
82050
26:91
1881
551599
629
54760
99251
1441467
6322
201685
1072127
33626
14904
157326
166
63:9
106052
8107
69931
Osceola.
191542
81406
Polk.
18190
20.689
14651
56811
8.09
7475
2510
20829
140150
17279
1890
69581
Pochahontas
21928
53372
19219
97696
7434
563389
21
294
77497
8272020
12168
431841
2140023
8931
229263
2541
40494
Pottawattamie
Powesbelk.
121630
112666
208989
419189
33.69
49097
90619
171589
5889.1
63
475
47278
1750038
5278
168081
1252629
Page.
84748
89565
2399022
156782
175171
5:312
762826
115184
22659
355702
1220
20235
9571105
11416
9758
346507
Plymouth
71396
2289013
1293468
Palo Alto.
58283
18317
519 2
41379
3:3028
442736
10
160
10007
1757.8
4161
120487
434123
6611
2979
46859
Ringgold.
82225
1GG79
8006
23208
142057
18100
325
96616
9118
255007
Scott
235515
58329
50313
10026
78951
125
1762
35613
1145037
1115782
19125
148649
185742
47009
762315
40
618
59071
2226316
15915
529869
9041873
Story
43374
99887
26658
8
1783477
11273
318205
1083743
Shelby
53190
89326
47290
330697
817944
20
51273
22029
1:674
689536
225-1
71676
573026
Sloux.
99824
31336
367391
47201
83515
22003
25/286
6780
82088
4591
45096
166990
Sac ....
102861
233515
24179
279716
9085
6549
238880
Taylor.
10
8662
79:42
11036
110004
200918
244
9008
48260
1419680
8718
269657
908476
Tama.
Union
255182
211911
15116
90222
9:0:3
1487807
73251
2812859
15574
384469
2316405
Van Buren
57005
33216
45828
1059G
141189
54
960
21063
1180930
6127
187748
624260
153674
99528
118463
7455
58808
10928
121854
50211
1823622
12596
Wayne.
853698
1439586
Warren ...
147766
66795
117689
10373
76316
143
1236
65645
2405187
15242
367896
1361876
Winneshelk
194265
216140
167178
153737
259160
42175
651679
181670
112175
1813405
61
910
80280
8561365
8991
281510
2208332
27185
24307
Woodbury
977816
8216508
2265252
Worth ..
44179
57097
15249
2;R975
14647
490371
9072
91647
298209
Washington
48927
225176
45057
88007
32157
23002
122291
4445
161557
896506
55:52
157584
41616
410487
469879
14.39
14199
3530
73265
2832211
15701
453320
2025264
Webster.
Winnebago.
97238
61744
70910
80354
391051
5
270
29:18
917911
7491
207493
783342
17389
30625
12421
8909
162281
11
1374
52425
1327
281821
45100
140219
Wright
Wapello ..
35516
28937
13029
100R9
4184
185176
288085
150209
32387
63491
135178
17368
196166
157535
1617
16159
5:085
2143791
11570
293590
1455319
Totals,
12627830 8410485
9354905 3690111 42669781
09189
759277
4700176 156-81542 862904 29140312 8181836747
Objech Bull
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HISTORY OF CLINTON COUNTY.
BY L. P. ALLEN.
PREFATORY.
" Upon the world's great battle-field the brave Struggle, and win and fall. They proudly go, Some to unnoticed graves, and some to stand With earth's bright catalogue of great and good."
Less than half a century has passed since the extinguishment of the Indian title and the pioneer entrance of the white man to these fertile lands, now bearing the rich fruits of civilization. Less than a half-century has witnessed the wonderful transformation of a vast area, redeemed from a "howling waste," over which a few savages roamed, into a populous and wealthy State, environed and bisected with railways, teeming with an intelligent, industrious and thriv- ing population, dotted with prosperous cities and villages and with a future outlook that can only promise as rapid and wonderful a growth in wealth and population for the next half century. Measured by the historian's work, whose chapters record meridian lines of time by cycles, and whose ranges are centu- ties, and who writes of the rise and downfall of nations; whose story is of con- quests and "feats of broil and battle," the compiler of the history of a peaceful conquest of a single county in a State in the line of civilization where .. Westward the course of Empire takes its way," may seem to be an humble task. Nevertheless, the faithful gathering of the facts connected with the early settlement of this county, and the dangers, privations and hardships encoun- tered by the hardy pioneers who advanced the standards of civilization across the " Father of Waters" is a work that is worthy of attention, and one which, we trust, will meet with a cordial reception. If this work is ever to be done, the time is opportune. A true history can only be written from "actual facts." The preserved facts are meager and not easily found. The pioneers are rapidly passing away, and the few yet remaining must soon be "gathered to their fathers." The difficulties to be overcome in the preparation of the work have been beyond the anticipation of the compiler, as "forty years " have warped the memories of the " Old Settlers " who remain. Effort has, however, been inade to verify dates and statements by such records as are obtainable, and to corroborate by cumulative testimony. Errors will doubtless be found, but we believe that, in the main, the history will be found to be accurate and authentic.
The early history must necessarily be largely narrative of a personal or biographical character, as the history of a few individuals is the history of the county at that date. The records of the county, of cities and towns, have been consulted, as well as the early records of churches, societies and incorporations. The files of newspapers in existence have been pored over, and the " Old Set- tlers " have been interviewed and diligent effort made to clean all possible facts.
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HISTORY OF CLINTON COUNTY.
NAME.
Clinton County was named in honor of De Witt Clinton, a most worthy namesake, a prominent literary and public man in the State of New York, and one of the prime movers and most efficient advocates of the scheme for build- ing the Erie Canal. He was twice Governor of that State, held many offices of public trust, and was a proficient classical and belles-lettres scholar, a man of incorruptible integrity and stainless purity of character. He died in 1828, at the age of 59 years.
DESCRIPTIVE GEOGRAPHY.
Clinton County embraces an area of about seven hundred and fifty square miles, composed of Congressional Townships 80 north, Ranges 2, 3, 4, 5 and 6 east ; 81 north, Ranges 1, 2, 3, 4, 5, 6 and 7 east ; 82 north, Ranges 1, 2, 3, 4, 5, 6 and 7 east, and 83 north, Ranges 1, 2, 3, 4, 5, 6 and 7 east, and is bounded north by Jackson County, east by the Mississippi River, south by the Wapsipinicon River and Township 80 north, Range 2 east, being the boundary line between Clinton and Scott Counties, and west by Cedar and Jones Counties.
The county is about thirty-six miles long, east and west, by about eighteen miles north and south. Being in a latitude where the heat of sum- mer is modified by the cool breezes from the north, and yet far enough south to escape the rigor of the extreme northern winters, its location is healthful and desirable.
The Mississippi River forms the eastern boundary line, and flows in a bend sweeping around toward the east, nearly midway on the eastern boundary of the State. Being due west from Chicago, it is the nearest point in the State between that great commercial entrepot and the Mississippi. Thus, geographical position made it the gate to the interior, and the initial point for the first railroad enterprises which were projected westward to reach the Mis- souri River. Its western boundary is the Fifth Principal Meridian of the Sur- vey of the State, which is 91° W. longitude, and extreme eastern point 90° 35' W. Its approximate latitude is 41° 50' to 42° 05' N. The 42d degree of N. latitude divides the northern tier of townships from the tier to the southward.
*GEOLOGY.
The rock underlying the soil or drift deposit of Clinton County is the Niag- ara limestone. In some earlier geological epoch, it was either deposited at a uniform level with the surface of the sea, or the water receded from it, leaving it dry. It was never greatly disturbed by earthquakes or upheavals, so that it now remains in nearly horizontal strata. Its chemical composition is a car- bonate of lime and magnesia, with a small amount of silica and alumina, col- ored yellow by the hydrated oxide of iron. At a later period, it was submerged and then cut and worn into an uneven surface, by deep channels and fissures, through which numerous streams found their way, oftentimes cutting entirely through the formation.
The Niagara limestone belongs to the upper part of the Silurian of the English geologist. It has a wide range in this country, covering a large part of Wisconsin, the upper part of Illinois, and extending east to Western New York, being prominent at Niagara Falls, from which it is named.
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