USA > Iowa > Muscatine County > The History of Muscatine county, Iowa, containing a history of the county, its cities, towns, &c. > Part 35
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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.
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 thereof 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, oranything 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. .
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 paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be inade 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 not 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.
STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.)
No. of
No. of
No. of
Acres
Acres
Acres
Spring Wheat.
Winter Wheat.
Indian Coru.
Unim-
under
Oats.
Value of
COUNTIES.
of Im-
Products
proved proved
Culti-
No. of
Land.
Land.
vation
No. of
Bushels
No. of
No. of
Bushels
No. of
I No. of
Acres.
Acres.
Bushels
No. of
No. of
of Farm
in
in 18:4.
Harv'i'd
Acres.
Harv'i'd
llarv't'd
Acres.
Bushels
Harv't'd
Dollars.
Appanoose.
161059
161043
2345243
Alamakee ..
134.6.
156-21
125188
1019
64571
23819
1093%*
24325
SS1316
Audubon ..
15956
61-50
93,639
151
905920
13:56
21146
1964
12.76
89235
$9-1655
442929
៛1611937
9225
753
1415769
10
33233
Adams
65159
43:33
5433
1.947
261376
124
969717
184153
1-
Adair
Buena Vista .
$3182
55650
66265
2:350
25171
S3115
3,031
2:010
435011
3500
3951
141293
SUNGO
1402128
6:5318
220231
4453
159739
S28111
Benton.
50911
Boone.
29:315
1569.
230 108
13511
162737
2.91
6.069
207528
71$10,
10-612
1313666
280
83241
8328921
15190
2664995
Butler.
14919>
121877
409257
11
44
1395732
445070
46151
1270379
10:01
404620
1015453
20
200
Bremer
14500.
Black Hawk ...
213025
4:001
101510
5.907
641795
23,54
1026641
13837
421:19
1209755
150 ~~ 1
1103021
56392
1939590
1 1259
51:571
Buchanan
19056
151256
89361
1144620
71119
16504
538196
C'lay ..
37059
39919
157240
61201
812/42
1511250
153159
45-31
150120
17431
556209
1998424
33313
51638
171-1
.2615949
Cherokee
8797
4436
98766
123343
Cass. .
110861
31693
45301
45112
401507
9459
$13215
92755
115595
Crawford
2$3114
40123
676209|
40582
8543
85019
S24804
17957
1901062
648638
9079
176281
1284×99
Cedar
24~569
41417
15262
S09895
166185
48648
401GT
640544
26
415463
295
TS224
2815921
20243
9915
4-3357
Cerro Gordo.
529-0
6,5831
2606149
Clayton
212291
2-199
151908
9512
265413
֏199
22609:
Clinton
390855
173622
86883
1305125
1:47
21030
37948
14:1263
20024
591617
57337
1010345
669895
68653
12
3061335
23:01
2081793
Chickasaw
96504
91772
~1104
89297
102059
8049019
9
Carroll
54065
2016
643319
63
9-691
$9159
50187
26:36
S40161
16821
514279
11:44
3
Clarke
16014
550041
446300
107577
894656
20
Calhoun
78.03
17965
217090
55
39066
1580260
451365
26615
12337
867648
7054987
Davis.
10
150J33
115:51
116003
18 397
11040
102631
150
10656
Decatur
53TS
$0993
53,9
56405
62127
351130
2115569
2993
73182
221613
:169
13643
84570%
1600000
Dubuqu'
187831
95273
8211
9-561
146244
634135
817
12239
50484
1768140
10555
844551
143605
58165
49:40
1024541
Des Moines.
Delaware
4.2020
9;G18
10615
113396
1720
6:118
1:02891
11:310
2301938
25115
643322
1636132
Dickinson
62305
15.70
29.50
161337
60401
102924
5
50
56150
1690385
287392
20577
11.2992
632113
Dallas
11961
1693314
Enimet
132135
51.65
:14625
5,01
29256
3183
44455
2403
37242
9989
445845
186
57632
2484.98
335124
45334
23586
9937
S911
151€
2197
1502047
Floyd .
14.095
S2130
110708!
941430
1519
Fayette.
179504
13.1758
6206%
26162
14273
15244
98156
642448
15461
S241
60779.
5636.01
46
$7091
20170
4$1729
136:377
Franklin
62-59
43. 16
65590
140
1503127
Fremont
1152.7
S1096
199432
455909
103029
200201
841
24000
Groudy
146099
4.026
13239
16625
TSS15
1:03985
9532
** 1106
Green
50010
13510
49:35
6:384
976007
5-119
1:9645
52823
19391
251.60
40175
11156
40194.
1046066
1593977
Guthrie
76502
:$3037
8.259
4:220
27189
393514
41
12- 31
39930
49.251
1669134
4227
120:45
620905
Hardin
4145
-92461
Humboldt
9,765
2:018
SS464
20902
41304
13.9961
10992
153505
29114
356915
Howard
115423
29:381
1066627
8974
90944
200001
Ilarrison
94815
171018
$3:431
61-71
86115
23918
5825031
9916
$07912
10210
1620192
S10268
143:01
1210
44720
8462
734409
Haneock
10162
341015
69140
786677
Hamilton
63,66
4999
1520-0
39935
50219
32050
57599
45816
20676
2946-2
Heury
20141
1253
89405
1503201
670:31
2415670
5108
15026
168262
9011
13393
52762
Ida
łowa
191011
9191
110:31
113203
62672
$58221
6514
48815;
22301
108465
1765670
455
14000
7482211
Jackson
193290
8933.
15$159
142 101
48410
670247
S6
$190:1
241021
550000
1020
2713.30
Johnson
142401
43315
491
€2518
11756
2005049
7125:
193019
2912
45306
666.79
100
1274
53962
1665518
23652
521156
Jasper
27-841
$138174
52.19.
1750091
Jones
205007
119:52
2447515
63392
211949
1107170!
7.142
1.100
140681
462478
100217
4525% 91
15267
409
65 123
1909334
2916538
Jefferson.
16:339
125530
360:0
31
Keokuk
208123
66979
15360
16287
164904
6192
464424
1596416
149672
S68528
66739
55061
1695510
14005
446123
1530140
95909
Kossuth
14S
31550
44,93
10799
13189
1363
75697
15582
447603
1919728
Lee
193832
140
78692
Lucas.
133580
200407
9:51
119741
5143
2851
105306
108353
59:37
10-51
72624
15110
Lyon.
159;2
$1××11
12186
13.51
153557
$1
59-63
2190306
2.9009
$29
47022
1902530
11817
12045
S42164
1681518
8132
2615
10396
1030554
Linn.
281118
62649
1:36 55
16:42
12
226.0
13:59
Louisa
52175
650597
54
32651
15107
52020
160
91.73
3489923
Mitchell.
10 066
58564S
2590052
126381
Mahaska
122190
91133
19,61
159939
10-8811
16267
49642
2184635
65534
6792
113:33
1665:39
Marion.
232395
199669
$2719
150 65
130214
$1:62
2607
112:4
411961
14028
203
45136
2:112
S.63309
1. 646
542602
496215
1591878
2195785
Mills
141512
53 :01
24355
529663
183
84630
S835063
S12961
10937
3335746
2191846
Madison ..
161995
543
59543
1589976
6528
232639
1003509
Monroe
102215
154:00
137079
$=206
628314
25
223:35
91790
117303
101413
8,13
268
Marshall
11634
454
69194
2933630
2-5103
41332
60$97
1125382
5584
1709030
200
45575
1739916
11512
241031
938362
Monona ..
Muscatine.
52212
$9$14
21
61699
2SUN256
12611
465245
17-015
15-31
183811
819358
2301
66473
12 1:00
447665
Montgomery
101633
51 MINUT
1391
416471
63
629
5-1760
1715973
405562
O'Brien
26 31
551539
99251
174.906
33626
166
1441467
532
201635
Oseeola.
157526
$107
Polk
1×190
31 106
14904
106052
20,059
1401450
:4757
6379
53981
191542
56241
2510
18:30
69581
Poehahontas ...
83572
5633-9
14219
421
$94
$272010
12155
220263
431:41
2140023
2192%
Pottawattomie
24.11
121600
419189
2541
475
40494
112666
Powesheik
205989
588071
47258
1.5003%
5278
16:081
1252629
Page ..
456971
156;52
1:3171
115121
57312
762926
20235
$5:1105
11416
2393022
Plymouth.
5$283
51912
355792
71886
22289013
833565
SHOUT
1293463
PAIO Alto.
18517
82225
44379
33623
10
160
10097
175.78
4161
120457
434123
Ringgold.
14100
58.29
1679
6641
14:295:
2979
50-13
46559
96616
Scott
235515
10.120
19123
185:12
1:5
1.62
$5613
1145937
9118
111575
Story.
145649
762815
40
615
590:1
126346
15915
Shelby
53180
43871
99354
89326
330,97
S
20
512.3
1733417
11273
843265
3041873
1033:43
Sioux.
39524
SG:391
833515
$1.944
1.6:4
6595556
$1676
5:3026
251256
6.50
$3034
4391
45000
166920
S.c ....
$1336
Taylor.
47201
21179
11056
10
102-61
2353.51
79442
110094
206$13
8602
279:16
9085
6590
239820
Tama ..
255182
2214911
15116
8:18
26905.
9:018
1437807
ttc
S068
48260
141900
908476
Union
73251
2812 59
185:4
$24169
2316405
Van Buren ..
5.005
332 6
45826
21003
99525
14115%
53
960
1130.30
6127
153671
1ST4S
624200
Wayne.
147706
667251
11353
11250
7155
10028
121434
5011
1-23622
12596
35369S
1439586
Warren.
16:17-
103:3
191263
76346
113
1236
63625
2405187
13242
861396
13613.6
Winnesheik
246110
1.1670
1537.7
42115
654679
61
910
8561363.
8391
251510
2208392
Woodbury
23.3100
112175
41179
1813465
27153
57 0.
9,7316
21807
8216508,
2265252
Worth ..
15242
14641
490311
$072
91647
298209
Washington
48027
225176
4.037
3215
230.12
410487
122-201
4143
16133.
396506
Webster.
55 32
41616
4695791
1439
61:41
30531
891051
14198
73263
2532211
15:01
453320
2035264
5
29:18
7491
207493
+33342
Winnebago ..
917911
Wright ..
1:559
80025
1622-1
11
270
13:1
52425
1321
45109
140219
Wape 10.
85516
13629
196166
10189
281821
135176
258655
15 1203
13517
15:325
1617
16139
5.035
2143791
11570
293590
1455319
Totals
:2627-50 $110133
9351905: 3690711, 4266973
69.99
4700176 186284542 982994
29144352 $181536747
A. CarskalSan
HISTORY OF MUSCATINE COUNTY.
GEOGRAPHIC AND GEOLOGIC FEATURES.
The following paper upon the physical geography, the geologic formation and the conchology of Muscatine County, and also the evidences of pre- historic man in this region, was prepared expressly for this History by Prof. F. M. Witter, member of the Academy of Science, and Superintendent of Public Schools of Muscatine.
DRAINAGE AND SURFACE CHARACTERISTICS.
The Mississippi River forms the southern boundary of the county for about fourteen miles, beginning on the east, and the eastern boundary for about six miles, making almost a right angle at the city of Muscatine. The Cedar River enters the county near the center on the north, and runs southwest, leaving the county two miles east of the southwest corner.
About two-thirds of the county is between these two rivers. The general drainage, therefore, is south and southwest. Pine Creek, Sweetland Creek, Geneva Creek, Mad Creek, Pappoose Creek, Lowe's Run, and several other small creeks, drain the south and east side of this region into the Mississippi. Sugar Creek and its chief branch, Mud Creek, Musquito and Little Musquito Creeks, with others unnamed, carry the water from northwest of the divide between the rivers, into the Cedar. The third of the county northwest of the Cedar is drained into that stream by the Wapsinonoc.
From the east along the Mississippi to Muscatine, the bluff is about one- fourth of a mile from the limit of high water, and rises rather abruptly, gen- erally in steep ridges pointing toward the river, to the average height above high water of about one hundred and fifty feet.
Below Muscatine, the bluff continues nearly west, bending slightly to the south some four miles before it leaves the county, while the river runs almost south from Muscatine, forming a bottom in this county between the river and the bluff, about six miles square. The greater part of this tract is known as Muscatine Island, once correctly so-called, because Muscatine Slough branches from the river in the southwestern part of the city and runs generally in this county, within a mile of the bluff and reaches the river again some ten or twelve miles below our southern boundary. This slough is closed now in the city by artificial works.
Some two or three miles back from the bluff of the Mississippi, the surface is moderately rolling. A considerable portion, indeed, of the divide, especially in the northern and eastern part, is quite level. The bluffs along the Cedar are not so high and bold as along the Mississippi.
The bottoms of the Cedar are from two to three miles wide from bluff to bluff. Muscatine Island and a large part of the bottoms along the Cedar, are
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HISTORY OF MUSCATINE COUNTY.
scarcely above high water. The former is protected by a levee. But little land is covered by ponds, lakes or swamps.
Muscatine Slough is generally about eighty feet wide and ten feet deep, supplied largely by springs. It expands near the southern border of the county into Keokuk Lake, a sheet of water some two miles long, one-half mile wide, and four to six feet deep. Some low land, along the Cedar. is being reclaimed by a system of ditching.
Soil .- The whole county, with the exception of the river bottoms and Muscatine Island, may be said to be covered with unconsolidated material of uncertain thickness, perhaps from fifty to one hundred feet, called Drift. It consists of clay, sand. gravel, and granitic bowlders. The gravel and bowlders do not come to the surface anywhere in any considerable quantity, and but a small region is injured by sand. This is along the east bluff of the Cedar. from the northern border a few miles into the county. The surface of all the higher portions is a rich black loam. The bottoms are river deposits, and in some instances, contain rather too much sand and gravel for the ordinary crops. Muscatine Island has become famous outside of Iowa for its sweet potatoes and watermelons. The light, sandy and gravelly soil so near the level of the river, makes it well suited for early vegetables, and the products named above.
The bluffs along the Mississippi are generally covered with timber, which extends up the little streams, and the valley of the Cedar is well supplied. Perhaps three-fourths of the county may be regarded as prairie.
Water .- Springs are quite common along the bluffs. especially on the Mis- sissippi, and good wells are easily made almost anywhere. Muscatine Slough and Keokuk Lake, together with the Mississippi, afford an abundance of excellent fish, and the low grounds throughout the county are the resort in fall and spring of innumerable water-fowl.
Good opportunities offer for pisciculture, and experiments in this direction are now being made about four miles west of Muscatine, by Mr. John Miller.
Water-power is not very feasible. A good turbine is operated on Pine Creek, about one mile from the Mississippi, and a dam is thrown across the Cedar at Moscow. The Cedar is the chief, if not the only, stream that could afford any considerable water-power.
Along this stream, except at Moscow where there might be a vast power employed, the banks are generally low and insecure, and no good foundations for dams or mills are apparent.
Building Materials .- Comparatively little of the native timber is now used for building or, with the exception of posts, for fencing. Pine, either as logs or lumber, is so easily brought from the north that it is cheaper than oak, ehmn. maple, cotton-wood, etc.
Brick of good quality can be made from the clays almost anywhere in the county. A deposit under the city of Muscatine, known as Loess, makes the best of beautiful red brick. Wood being abundant, brick are cheap.
Limestone is quarried at several points on Pine Creek, about six miles from the Mississippi ; near Moscow, on the Cedar, and on Geneva Creek and vicinity. and sandstone at Wyoming Hills, on the Mississippi, about seven miles east of Muscatine ; at Geneva Creek : Muscatine; two miles west of Muscatine along the bluff and three miles west on Lowe's Run. Rock from all these places make good foundations and some sandstones have been cut into sills, eaps, keys. coping, etc.
Fuel .- From the eastern border along the Mississippi to Muscatine, with little interruption, there seems to be considerable coal. It is net generally of
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HISTORY OF MUSCATINE COUNTY.
the best quality, and does not appear to reach back more than one or two miles from the river. The bed is on an average about twenty feet above high water, and is therefore very easy of access and cheap to work. The inexhaustible coal of Keokuk and Mahaska Counties near us on the west, and the timber in the county and on the islands in the Mississippi, afford an abundance of cheap fuel.
Ores and Ochres .- Iron in the form of an oxide with sand. an impure car- bonate and a sulphide, may be found where our sandstones are exposed, but it is in such small quantities that it can be of no practical utility. A small amount of sulphide of zinc has been taken from near the coal in Muscatine. Fragments of sulphide of lead are occasionally found in the Drift. Some beds of red ochre exist near Muscatine. but no use has yet been made of it.
GEOLOGICAL HISTORY.
Little or no disturbance has occurred in this county since the oldest rocks to be seen within its borders were laid down. For this reason the study of the order and history of the successive groups is comparatively simple.
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