USA > Iowa > Marion County > The History of Marion County, Iowa: Containing a History of the County, Its Cities, Towns, & C. > Part 47
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"JULY 1, 1858.
"Now on this day comes a certificate of twenty citizens of Knoxville representing H. J. Scoles to be a man of good moral character and a citizen of Marion county, State of Iowa; and also presented by H. J. Scoles came his bond in the penal sum of one thousand dollars, signed by S. B. Scoles, James D. Wright, H. C. Whitney and John B. Hamilton, conditioned that said H. J. Scoles will comply with an act supplementary and amendatory to an act entitled 'an act for the suppression of intemperance, approved January 22, 1855,' which said supplementary or amendatory act was ap- proved January 28, 1858 .. Said bond and securities thereunto being ap- proved by the county judge, it is considered that said H. J. Scoles has com- plied with the requirements of the law and that the said H. J. Scoles is
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HISTORY OF MARION COUNTY.
therefore authorized fully to proceed to buy and sell intoxicating liquors for mechanical, medical, culinary and sacramental purposes, in accordance with the requirements of an act supplementary and amendatory to an act entitled 'an act for the suppression of intemperance, approved January 22, 1855,' which supplementary and amendatory act was approved January 28, 1858.
" F. M. FRUSH, "County Judge."
Judge Frush continued in office till January 1, 1861, when the office, 88 executive head of county affairs, was abolished, and in its stead was substi- tuted a board of fifteen, one from each township, known as a board of supervisors. The office of county judge, shorn of much of its dignity and circumscribed in authority continued till 1868, when it was abolished alto- gether.
THE TOWNSHIP SYSTEM.
According to an act previously passed by the State Legislature a board of supervisors was constituted in 1860, which board was to consist of one member from each civil township. The first members of this board were elected at the regular election in November, 1860, and the supervisors elect took their seats and assumed the duties of their office on January 1st, 1861.
The following are the names of the first members of this board with the name of the township from which each was elected: Joseph Brobst, Knox- ville; Wm. P. Cowman, Perry; D. F. Smith, Franklin; H. R. Clingman, Dallas; Win. Blain, Union; Geo. W. Martin, Polk; Daniel Sherwood, In- diana; John F. Baldwin, Summit, Edwin Baker, Red Rock; Joseph Clark, Clay; J. B. Davis, Liberty; E. F. Grafe, Lake Prairie; Bromfield Long, Washington; J. A. Logan, Swan; J. Thornburg, Pleasant Grove.
The first business of the board was to regulate the terms of office for each member, as the law provided that half of them should serve for one year and the other half for two years. This matter was determined by lot and resulted as follows:
Two years: Brobst, Blain, Davis, Grafe, Martin, Baker and Sherwood. One year: Baldwin, Clark, Clingman, Long, Smith, Thornburg, Logan, and Cowman.
The clerk of the District Court was ex officio clerk of the board of super- visors, and Daniel Sherwood was, on motion of Mr. Brobst, elected presi- dent of the board.
This township system lasted ten years, and these ten years were proba- bly the most critical period in the county's history. During this period were the war times when quotas had to be filled up and the helpless fami- lies of volunteers looked after; during this period many important roads were laid out and expensive bridges erected; during this period, also, the county farm was purchased and a county poor-house erected. Were it pos- sible to give a full synopsis of the doings of this board, it would appear that some of their acts are proper subjects of condemnation, but on the whole the affairs of the county were judiciously and economically admin- istered. The chief objection to the township system was that the board was too cumbersome, it being a minature legislature within itself. Owing to the number in the board it was the more difficult to bring about needed and useful reforms, and little jobs were the more readily put up, seeing that
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HISTORY OF MARION COUNTY.
the facilities for covering them up and dividing the responsibility were the more ample. Then again it was too expensive to make the compensation enough to induce men of well known ability to accept a place, and the small salary which was paid secured the services of men of meager attain- ments and small ability.
THE BOARD OF SUPERVISORS.
The board of township supervisors was legislated out of existence in 1870, and the present system of a board of three county supervisors sub- stituted in its stead. The members of the first board were elected at the regular election in October, 1870. The persons chosen at that time for this position were: S. Y. Gose, for one year; S. L. Collins, for two years; Wil- liam Blain, for three years.
The first meeting of the board was held in January, 1871, beginning on the first Monday of that month.
According to the act constituting this board, the county auditor became ex officio clerk; Mr. Gose was elected chairman.
This board has had the executive control of county affairs now for nearly ten years and experience goes to prove that the arrangement is undoubtedly the best that can be devised. The body is not too large to be cumbersome, it is small enough to act promptly, and the responsibility of vicious acts can more readily be definitely located. The compensation, while not large, is sufficient to recompense the best of business men for the small portion of their time devoted to the discharge of the duties of the office, and the office is sufficiently honorable and dignified to insure the acceptance of the best men in the county should the people be careful to call upon such, which unfortunately is not always the case.
The present system is essentially the same as the old board of county commissioners, and thus with the management of county affairs it may be said that history repeats itself. First, there was the board of three county commissioners; then the county judge systemn; then the township. system; and now again the board of three, essentially the same as the first, except in name. The ways of the modern legislator are past finding out, but in all probability the present system will continue for some time to come.
THE FIRST COURT-HOUSE.
The fact has already been stated that the first meeting of the county com- missioners was held in a cabin which belonged to the claim of Mr. Conrey, located on the quarter section which the locating commissioners se- lected as the county seat. When the Honorable District Court of the Sec- ond Iowa judicial district sat in March, 1846, it had no better place of sit- ting than that used by the commissioners. In January preceding, how- ever, the commissioners had already taken measures for the erection of a court-house They authorized their clerk, Lysander W. Babbitt, to adver- tise for proposals for the erection of a court-house, which was to be twenty- four feet wide, thirty feet long and two stories high, to be completed by the 20th of May following. In response to this advertisement for bids came a bid from Lewis M. Pearce, who agreed to erect the building for the sum of four hundred and fifty dollars. On the 29th of January the bid of Mr. Pearce was accepted by the commissioners and the work was immed- iately begun.
388
HISTORY OF MARION COUNTY.
At that time no lumber could be bought in the county and there were no saw-mills anywhere near. The frame had to be hewed from the trees of the forest, and the lumber had to be hauled a great distance. There were but few laboring men in the county and these were mostly employed in fencing their claims. The work of erecting the court-house proved to be much more tedious and expensive than was anticipated. Thus it was that Mr. Pearce's contract was not finished till late in the fall. After Mr. Pearce's contract, which was only for the wood-work, was finished, there remained other work, such as plastering and painting, to be done. The building was not entirely finished till 1848, and cost in all about six hundred dollars.
The building was located opposite to the northwest corner of the public square and continued to be used as a court-house till 1858 when the new court-house was completed.
A history of the old Marion county court-house would be almost a history of the county itself, and no more vivid picture of the county's growth could be suggested than that which would appear from a comparison of the pres- ent house with that one of pioneer days.
That old court-house, now entirely changed both in use and appearance, would not be recognized by some of the old county officials were they again to appear on the scene of action. But that old court-house is enshrined in memories that the present can never know. It was used for every conceiv- able purpose and had a career of great usefulness. School was taught, the gospel preached and justice dispensed within its substantial old walls. Then it served frequently as a resting place for weary travelers and indeed its doors always swung on easy hinges.
If the old settler is to be belived, the old weatherboarding often rang on the pioneer sabbath with a more stirring eloquence than enlivens the pul- pit of the present time. Many of the early ministers officiated within its walls, and if those old walls could speak they would tell many a strange pioneer tale of religion, that is now lost forever. The preacher would mount a box in the center of the room and theaudience disperse themselves around him.
To the old court-honse preachers came of different faiths, but all eager to expound the simple truths of a sublime religion, and point ont for compari- son the thorny path of duty and the primrose patli of dalliance. Often have those old walls given back the echoes of those who did a song of Zion sing, and many a wandering one has had his heart moved to repentance thereby more strongly than ever by the strains of homely eloquence. With Monday morning the old building changed its character and men came there seeking not the mercy of God but the justice of man. The scales were held with an even hand. Fine points of law were doubtless often ignored, but those who presided knew every man in the county and they dealt out substantial justice and the broad principles of natural equity pre- vailed. Children came there to school and sat at the feet of teachers who knew but little more than themselves; but, however humble the teacher's attainments, he was hailed as a wise man and a benefactor, and his lessons were heeded with reverence and attention. The doors of the old court- house were always open, and there the weary traveler often found a resting place. There, too, the people came to discuss their own affairs and learn from the visitors the news from the great world then so far away to the eastward.
389
HISTORY OF MARION COUNTY.
Since the building ceased to be used for a court-house it has served vari- ous purposes. Part of the time the second story was used for a printing office, and part of the time it was used for a private dwelling. In June, 1864, it was sold by order of the board of supervisors, the purchaser being A. B. Miller, who paid nine hundred and twenty-eight dollars for it. It still stands where originally erected and is now occupied by Boydston & Kendig as a grocery store.
The old Marion county court-house has been spared the humiliation to which buildings of that kind have been subjected in other counties. In many cases when they have become unavailable for business houses they have been moved off to some back alley and utilized as stables. It is sad that in their haste to grow rich so few Americans have any reverence for the early work of their own hands. How many of the early settlers have pre- served their first habitation! The sight of that humble cabin would be a source of much consolation in old age and would go far toward reconciling the coming generation with their lot when contrasting its humble appear- ance with the modern residence, whose extensive apartments are beginning to be to unpretentious for the enterprising spirit of irresistible "Young America."
THE NEW COURT-HOUSE.
During the years 1855 and 1856 there was a large immigration into the county; lots and lands sold rapidly and money was plenty. Early in 1856 the people of the county, and especially those residing in Knoxville began to be dissatisfied with their court-house, and it was thought that the county was rich enough to have a new court-house; one which would properly re- present in its external appearance the wealth and enterprise of the county and one which should be internally so arranged as to afford a safe protec- tion for the books and papers which by this time had become very valuable.
This talk resulted in definite action early in 1856. F. M. Frush was at that time county judge and as there seemed to be a general desire for a new court-house he proceeded to erect one without the preliminary precau- tion of calling a special election to submit the proposition. Under the stat- ute there was no provision which made it his duty to call an election to decide the matter and as there was general acquiescence in the project he had full confidence that his course would meet with general favor.
The original contract was let to Dyer & Woodruff for the sum of $17,- 500.
Several important changes in the plans were afterward made which in- creased the cost to near $20,000.
The official records relating to the erection of this structure are too volu- minous and unimportant to be reproduced here. We give two extracts among the first records records relating to this subject:
" SEPTEMBER 16,- 1856.
" Now, in the matter of erection of court-house in the city of Knoxville, Marion county, Iowa, for the use of said county, the following proceedings among others have been had: From the manifest necessity of a better house and also from a recommendation of the grand jury, it became obvi- ously necessary as well as expedient to make arrangements for the erection of said court-house at as early a date as the best policy would warrant; therefore, in accordance with the duties imparted and the rights and privi- leges conferred upon the several county judges, within their respective coun -
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HISTORY OF MARION COUNTY.
ties in the State by chapter 15 of the Code of the State of Iowa, F. M. Frush, county judge of of said county, caused a notice to be given in the three newspapers of said county to the effect that proposals would be re- ceived up to the 16th day of August, 1856, at the office of the county judge of said county for the erection of a court-house in Knoxville, Marion county, Iowa; to be brick; built two stories high upon stone foundation and to be 48x70 feet in dimensions. Said notice was dated July 16, 1856, Subsequently, on account of giving more ample time to prepare specifica- tions and design for the house, the time for the reception of proposals was prolonged till 4 o'clock P. M. of the 10th day of September, 1856. Of this extension of time notice was also caused to be given by the said county judge, which notice was published by the public newspapers of the county.
"And at the expiration of the time for the reception of the proposals, there were found to be eight sealed proposals for said work; whereupon they were opened by the said county judge in the presence of J. B. Hamil- ton, clerk of the District Court of Marion county, Iowa, and in presence of A. B. Miller, former clerk of said court, and were found to be as fol- lows:
" Hashett & Hamilton $20,978.43
" James H. Parks. 27,000.00
" Woodruff & Dyer. 17,789.00
" John Henderson 17,975.00
" Metz & Stambangh. 19,800.00
" Wisner ...
17,631.00
" Lee & Kenedy
24,977.00
"John W. Jones
23,300.00
"No one of the foregoing proposals being yet accepted it was proposed by the county judge to Lewis Dyer and S. W. Woodruff that they should take the contract of the building at $17,500, to be paid in such payments as were named in the specifications; which terms were, one-fourth as nearly in advance as was required in procuring material and labor; one-fourth on or before the 1st day of April, 1857; one-fourth on or before the 1st day of April, 1858; and one-fourth against the 1st day of April, 1859. Said pro- posal being accepted by said Dyer and Woodruff, on the 15th day of Sep- tember, 1856, they produced a bond payable to the said county in the penal sum of $35,000, which bond was signed by several persons as security on said bond; said bond was approved by said county judge and placed on file. An article of agreement was entered into by and between F. M. Frush county judge of the one part, and Lewis Dyer and S. W. Woodruff of the other part, conditioned that the said Dyer and Woodruff furnish the mate- rials and fully complete the house according to the specifications made by D. H. Young, architect; which specifications were made a part of the con- tract, which contract is more fully set forth by reference to said specifica- tions.
" The building is to be enclosed and the lower story in a suitable condi- tions to be used for offices on the 1st day of November, 1857, and the whole building is to be completed on or before the 1st day of July. 1858."
" FEBRUARY 23, 1858.
" Now, on this day came F. M. Frush and presents an account against
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HISTORY OF MARION COUNTY.
said county for expense including hire of conveyance for two trips to Des Moines to procure specifications and plans for the new court-house in the city of Knoxville, $10."
Thus it will be seen that the judge waited over two years for money act- ually expended for the county.
The building is a substantial brick, two stories high, dimensions seventy by forty-eight feet. There are two entries, one from the north and the other from the south.
On the first floor there is a hall extending the entire length of the building, on either side of which are arranged the offices. In each of the offices is a substantial fire-proof vault which affords a safe and conve- nient receptacle for books and papers. The second story is arranged and fit- ted up for a court-room. This room is well lighted and furnished. It has a capacity for seating about four hundred people.
COUNTY JAIL.
Marion county at present is agitating the subject of building a jail. At present an apartment is fitted up in the court-house and used for a prison. This is not at all adapted for the purpose of a prison and cannot properly be termed a jail. The county has never in the past been provided with a place for the imprisonment of persons, which might properly be termed a jail. Before the present court-house was built various means were resorted to to supply the deficiency of a prison, which unfortunately for the county has frequently been seriously needed.
One plan resorted to in times past is fully described in the following extract from the county judge's record, dated December 31, 1857:
"Now on this day is taken up the matter of payment for building a house to be used as a county jail, for the use of Marion county in the State of Iowa.
"E. G. Stanfield, mayor, and C. G. Brobst, recorder of the city of Knox- ville, in said county, having constructed on the east end of the middle one one-third of lot No. three, in block No. one, in said city, a house or place suitable for a house of imprisonment, and having conveyed to said county the right and use of said house of imprisonment for the benefit and use of said county, for the term of two years from the first day of September, 1857, with an understanding that the county aforesaid is to have a perpet- ual right to the house and a right to use the same on the above described premises for the term of two years from the 1st day of September, 1857, with the understanding on the part of said county that it is to be the place of imprisonment, or the county jail within and for said county and that said county, shall pay the said recorder or mayor for the use of the incor- poration of said city the sum of fifty-six and sixty-six one-hundredth dol- lars for the rights and privileges above mentioned. Therefore it is
Ordered, That the same house aforesaid to be used as the county jail of said county, and that a warrant issue to said recorder for the use of said city or incorporation thereof, for the amount aforesaid.
"F. M. FRUSH, County Judge."
Attempts have been made in more recent times to secure the building of a jail but heretofore the project has not been carried out because of the unwillingness of the people of the county to vote the funds necessary for
398
HISTORY OF MARION COUNTY.
that purpose. At the meeting of the board of supervisors in June last it was ordered that the proposition be again submitted to the electors of the county at the election in November. Should the vote on this question be in favor of the proposition it is the intention of the board to erect a commodious and secure jail during the next year.
POOR-HOUSE AND FARM.
Asylums for the poor and disabled and unfortunate are peculiarly Chris- tian institutions; it has been said that they become more common with the growth of civilization. None of the heathen nations of antiquity, no mat- ter how advanced in learning, established public institutions for the relief of the destitute, and even in the case of Greece, Macedon and Rome dur- ing the period of their greatest wealth and power there were no asylums for the unfortunate. In this age of Christian civilization, the State, county or municipality of any kind is an exception to the rule of popular beuevo- lence, and is considered far behind the times in all the elements of progress, unless some provision is made for the care of the poor and unfortunate.
Marion county, though peculiarly endowed by nature with all those ma- terial resources calculated to supply the necessities and even luxuries of life, does not afford an exception to the rule formulated by the Master when he gave expression to the truth whose application is as broad as humanity: " The poor ye always have with you."
We have already seen that very early in the history of the county there were demands made upon the county treasury for the maintenance of pan- pers. Although the poor have been cared for from the beginning by ap- propriations made by the county judge or board of supervisors, it was in recent times that a county infirmary was established.
Before that time it was customary to have paupers boarded in private fami- lies, and furnish fuel and provisions for the part mantenance of those who were but partially indigent. This plan was a very expensive one, the county being frequently compelled to pay very extravagant prices for boarding and provisions bought by many from the county fund, sometimes finding their way to persons who. posessing the physical ability had no in- clination to help themselves. It is stated on good authority that paupers have been boarded out at such fancy rates as four dollars per week, and one instance is related of a pauper who for years received aid from the county and during that time was frequently known to treat his associates to cigars and beer, paying for as many as nine glasses of the latter commodity at one sitting. Thus it was that the plan adopted years ago in the older set- tled countries of the East recommended itself for adoption here, and the question of establishing a county infirmary began to be generally agitated throughout the county. The establishment of an infirmary, however, necessitated a special tax to enable the county board to meet the large ex- pense of starting such an institution and no such tax could be levied with- out anthority derived from those who would be compelled to pay the tax, the electors of the county must first vote on the question and the board hesitated to submit it. The proposition was however submitted at the sub- sequent election, and was decided in the affirmative. Soon after the board of supervisors proposed to carry out the enterprise. A committee consisting of D. T. Durham, D. F. Young and Joseph Metcalf, was appointed to se- lect a location. The committee reported in favor of the west half of the
898
HISTORY OF MARION COUNTY.
northwest quarter, and the northeast quarter of the northwest quarter of section fourteen, and the west half of the southwest quarter of the north- west quarter of section ten, in township 75, range 20, the same being at that time the property or Elisha Elliott, and situated some two or three miles southwest of the city of Knoxville. The report of the committee was approved by the board and the land was purchased at a cost of $1,200.
The land was formally purchased by the county on the fifteenth of De- cember, 1865. During the following year the whole of the tract was fenced and a portion of the land broken at a cost of $800. In July, 1866, the con- tract for the erection of a suitable building was let to Jacob Richards for the sum of $4,450.
The main building as at first constructed was a three-story frame. The basement was arranged for a kitchen, dining-room and storage purposes. The second and third stories were fitted up for lodging purposes. Halls run the entire length of the building, both of the second and third stories, on either side of which are arranged sleeping apartments. In more recent times other improvements have been added such as stables, sheds and other out- buildings.
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