USA > Iowa > Black Hawk County > The history of Black Hawk County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of citizens, war record of its volunteers in the late rebellion > Part 38
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As previously stated, the seat of justice was located at Cedar Falls by Com- missioners appointed by the Legislature in 1853 ; but this action was not entirely satisfactory, partly, perhaps because it was too far removed from the geographical center, and partly because Waterloo, which was near the center, was ambitious to bear the honor of being the shire town.
It is in tradition that an attempt of some kind to change the location of the county seat was made in 1854, but the exact nature cannot be ascertained. It is
.
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said that certain citizens of Waterloo went up to Cedar Falls for that purpose, and that a general melee was the result. In an account of the affair published in the Iowa State Reporter, May 26, 1875, the local historian remarks : "Some- thing stronger than Cedar River water was used, and after steam was up, the citi- zens of thatt own procured some eggs and opened fire on the invaders. O. E. Hardy sported a plug hat that afforded a prominent mark for the egg men, and the hat was badly damaged, and the Waterloo force was driven from the field." the result was This was a " Waterloo defeat ;" but the Waterloo force did not propose to give it up, and when the General Assembly convened the following Winter the matter was presented with so much success, that they secured the passage of " An act to authorize the qualified electors of the County of Black Hawk to vote on the removal of the county seat of said county," approved January 19, 1855. Section 1 of this act provided :
That there shall be a poll opened at the usual place of voting in the several organized town- ships in Black Hawk County, on the first Monday in April next, for the purpose of allowing the qualified elcetors of said county to vote for or against the removal of the county seat of said county.
Section 2 provided that the ballots of the electors should have written or printed thereon the word " Cedar Falls " or "Waterloo," and that place having the greater number of votes should be the county seat.
Provided, that if Waterloo should receive the greater number, the county seat should remain at Cedar Falls until July 4, 1855 and thereafter at Waterloo. In the event of removal, the County Judge was instructed to refund the purchase money to such persons as had purchased lots in Cedar Falls, with interest thereon from date of purchase.
On the 5th of March, 1855, Moses W. Chapman presented a petition to the County Court, asking that a town plat called " Florence City," located in the southeast part of the county, be approved and recorded ; but owing to a deficiency in the proof the petition was denied.
On the same day, H. H. Meredith and others presented a petition to the County Court, asking that the question of the removal of the county seat to Florence City, might be submitted to the people at the ensuing April election. Mr. Meredith and others of the petitioners were residents of Cedar Falls, and this petition was designed to create a division, through which it was hoped that the county seat might be retained at that place. The consideration of this peti- tion was postponed by the Court to the 19th of March, when the Judge denied the prayer of the petitioners for reasons, 1st, that it was in conflict with the act of January 19, and 2d, that Florence City was a place unknown to the Court.
Ordered to show cause. At the second term of the District Court, held at Cedar Falls March 26, T. S. Wilson, J. presiding, on petition of H. H. Meredith and others, it was ordered that " the County Judge of Black Hawk County show cause before me at chambers, ten days after the date hereof, why the prayer of said petitioners should not be granted, and such other order made and entered as may seem fit and proper in the premises."
Before the day appointed, however, the people of the county had made answer at the polls, and nothing further of this matter appears of record.
At the election held April 2, 1855, the question of removal was submitted as provided by the act of January 19, and resulted as follows: Whole number of ballots cast, 648 ; "Waterloo," received 388; " Cedar Falls," 260.
April 11, the County Court entered of record the following :
WHEREAS, The election on the removal of the county seat of Black Hawk County, held April 2, 1855, resulted in a majority of 128 for Waterloo over Cedar Falls ;
Ordered, By the Court that proclamation be this day made, that on the 4th day of July, A. D. 1855, the county seat of Black Hawk County shall cease at Cedar Falls, and that the several county offices required to be kept at the county seat shall thereafter be held at Waterloo.
There are those who aver to this day that the vote as cast was not free from the taint of fraud. It was asserted after election, that the advocates and
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HISTORY OF BLACK HAWK COUNTY.
managers for Waterloo imported votes from Benton County, who made the counter-assertion that Cedar Falls generously accorded the numerous strangers then stopping at that place with the intention of buying lands further west, the freedom of the town as citizens of Black Hawk County.
In May following this action, County Judge Pratt was taken sick and only a few days before he died he issued an order locating the county seat on the Public Square on the east side; and it is said that when he came to affix the seal of his office to the order he was so weak that he was at first unable to make the impression. He refused assistance, however, being fearful that some question might be raised as to the legality of the proceeding, and finally, by putting almost his whole strength on the seal, succeeded in affixing it to the order. On the 1st of June following he died, and John Randall, then Prose- cuting Attorney, having been appointed to fill a vacancy March 20, became ex officio County Judge
But the opponents of removal were determined to fight it to the bitter end. On the 21st day of June, 1855, they applied to Hon. William G. Woodward, one of the Judges of the Supreme Court, and obtained a writ of injunction restraining the removal, which was served very early on the 4th of July. On the 16th of July an appropriation of $50 was made by the County Court to aid in defraying the expenses attending the efforts to have the injunction dissolved, the order giving as a reason for the appropriation "that the injunction was obtained in violation of law, and injurious to the interests of the county."
The injunction was soon afterward dissolved by Judge Woodward, and an order issued for the removal of all the books, papers and documents to Water- loo. which was done on the 27th day of July. The county officers established themselves in the second story of Hubbard's brick store, on Commercial street. between Fifth and Sixth.
The general election of August, 1855, was now close at hand, Mr. Randall, Acting Judge, was a candidate for the office of County Judge. There was a strong feeling in Waterloo between the people on the east and west sides of the river in relation to the location of the Court House. The citizens of the west side were active in their efforts to secure the county building on their side of the river. Acting Judge Randall in order to advance his interests in the pend- ing canvass, rescinded the order of his predecessor locating the county seat on the east side, and agreed that if he should be elected he would submit the ques- tion of location to a vote of the people of the whole county. This was evidently satisfactory for Randall was elected, and afterward issued a proclamation for a special election to be held on the 10th day of December, 1855, to decide upon which side of the river in Waterloo the prospective Court House should be erected. At this election, 731 ballots were cast, of which 467 were for the east side and 264 for the side that would pay the most money for the location and erection of the county buildings, the proposition being submitted in that form. This decided the matter in favor of the east side of the town; but the definite location was a matter that was yet within the sole control of the County Judge.
Cedar Falls, though defeated the year before, could yet annoy Waterloo. Her citizens were not disposed to forgive their upstart neighbors for removing the county seat and if they could not prevent Waterloo from keeping it they were going to have it just as far to one side as possible. So the vote of Cedar Falls was cast with substantial unanimity for East Waterloo.
By act approved January 9, 1855, Palmer F. Newton, of Fayette County, and T. E. Turner, of Buchanan, were appointed to locate a State road from
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HISTORY OF BLACK HAWK COUNTY.
Cedar Falls to Janesville and Waverly, in Bremer County, thence to St. Charles, Floyd County, thence to Osage, Mitchell County.
January 24, Wm. H. McClure, of Black Hawk County, Henry H. Griffith, of Polk, and Thomas S. Griffin, of Woodbury, were appointed to locate a State road from Cedar Falls, by Fort Dodge, in Webster County, to near the mouth of the Big Sioux River, in Woodbury County.
. By act approved January 25, 1855, the counties of Dubuque, Delaware, Buchanan, Black Hawk and Bremer were constituted the Second Judicial Dis- trict, and terms of court established in Black Hawk on the first Monday after the third Monday in March and September of each year.
By act of January 25, 1855, the Counties of Linn, Benton, Black Hawk and Buchanan were constituted the Twenty-fifth Senatorial District, entitled to one Senator. Black Hawk and Buchanan were constituted the Forty-first Rep- resentative District, entitled to one Representative.
The Omnibus Road Bill, approved January 24, 1855, provided for the appointment of Commissioners to locate State roads, as follows :
James B. Kelsey and Thomas B. Stone, of Linn County, and Harrison Bristol, of Benton, to locate a road from Cedar Rapids, via Bear Creek Mill and Vinton, to Cedar Falls.
William P. Hammon, of Bremer, Samuel Sufficool, of Buchanan, and O. P. Harwood, of Floyd, to locate a road from Independence, via Barclay, Wa- verly, St. Charles and Floyd Center, to the State line, in Mitchell County.
John T. Barroch, - Boone and Cornelius Beal, to locate a road from Cedar Falls, via Hardin City and New Castle, to Fort Dodge.
By joint resolution approved January 18, 1855, the Legislature of Iowa asked for additional mail facilities in Black Hawk County, as follows :
From Des Moines, via Nevada, Minerva Grove, Henry Grove and Eldora, to Cedar Falls, in Black Hawk County, in two-horse coaches, once a week.
From Cedar Falls, via Hardin City and New Castle, to Fort Dodge, in two- horse coaches, once a week.
BLACK HAWK TOWNSHIP.
March 2, 1855, upon petition of John Virden and others, it was
Ordered by the Court, That Townships 87 and 88 north of Range 14 west be organized a civil township of Black Hawk County, by the name of Black Hawk Township; and that the first election therein be held at the house of * * * (record sayeth not).
(Attest) MARTIN BAILEY, Clerk.
The first election in Black Hawk Township was held at the house of Byron Sergeant, April 2, 1855, and the poll book contained the names of eleven voters. A. J. Tapp, Oliver Hughes and John D. Ferris were elected Trustees ; Byron Sergeant, Township Clerk : B. Sergeant and N. L. Pratt, Justices of the Peace ; D. M. Ward, Assessor ; J. D. Ferris and H. H. De Witt, Constables.
Hiram Luddington has the credit of building the first house in this town- ship, in the Fall of 1852, on the southeast side of Black Hawk Creek, where the town of Hudson was afterward located.
John D. Ferris built the second house, during the same Fall, about two miles below Luddington.
The first cabin on the other side of the creek was built of home-made shingles, crotches, slabs and sod, by G. Osman.
The first school house was built in the Spring of 1855, located about seven miles southwest of Waterloo, in which Miss Asenath Worthington taught the first school, during the following Summer, at $10 a month, with fifteen scholars enrolled.
Matt Parrott.
WATERLOO
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HISTORY OF BLACK HAWK COUNTY.
Rev. Mr. Gilmore preached the first sermon, in 1855.
Warren Baldwin was the first blacksmith.
Algernon Ferris was the first child born in the township.
In 1858, a bridge was built across Black Hawk Creek, by D. W. Young and others. It was a rude structure, about sixty feet long, built of poles, rails and slough grass, with crotches for piles and piers ; but it served a good purpose for a time.
The town of Hudson is in this township.
In 1861, Township 87, Range 14, was set off as a new township, and called Lineoln.
BARCLAY TOWNSHIP.
March 2, 1855. Barclay Township was created by the following order :
On application of James Barclay and others, it is ordered by the Court that Township 89 north of Range 11 west be organized a civil township, for all the purposes of a civil township of Black Hawk County, in this State.
At the election, William C. Morton, C. A. Foye and Charles L. Coon were Judges, and James Barclay and Ira Beckford, Clerks, of the election. James Barclay was elected Clerk; William C. Morton and James Barclay, Justices of the Peace.
DISTRICT COURT.
The second term of the District Court was held at Cedar Falls March 26, 1855. Present, Hon. T. S. Wilson, Judge of Second Judicial District ; Martin Bailey, Clerk ; John Virden, Sheriff, and John Randall, Prosecuting Attorney.
At this term, the first grand jury was impaneled, as follows: Henry Sherman, Foreman ; Benjamin Knapp, Pleasant Morris, E. G. Young, John Wilson, Stephen Evans, Henry Gipe, M. S. Oxley, Jesse Shimer, Michael Bunting, William Fisher, C. H. Wilson, R. P. Speer, L. L. Pease and B. F. White.
S. H. Packard, Jr., and Safford W. Rawson, practicing attorneys, of the State of New York, were admitted to practice law in the courts of Iowa.
The grand jury reported that no bill was found in the case of State vs. John M. Cowen for larceny, and State vs. Charles Brooks, Jr., William Campbell, Joseph Kinsell and Preston Herrington, and defendants were discharged in both cases. It is said that Cowen came here with horses for sale, and while here indulged in a little private speculation by breaking into the store of B. J. Cap- well & Co., and stealing a shot bag partially filled with silver, and a bead purse with a number of bills of various denominations. He was held to bail for the crime, deposited the amount himself, and left for parts unknown.
Martin Bailey, Clerk of the Court, was appointed a General Commissioner to take depositions in all cases pertaining to the business of this Court, to report at next term.
The first record of declaration of intention to become a citizen of the United States was made by Grounder Osman, a native of Norway, May 31, 1855. Walter McNally entered his intentions about the same time. The first natural- ization papers were issued to Andrew H. Kennedy, a native of Scotland.
The September (1858) term of court was held at Waterloo, the new county seat, September 25, in Capwell's Hall, which was then unfinished, and the seats for spectators consisted of boards placed on nail kegs and other temporary contrivances. William M. Newton, J. O. Williams and W. L. Christy were admitted on certificates to practice, and B. E. Baker was admitted to the bar after examination by I. S. Woodward and F. H. Webster.
D
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HISTORY OF BLACK HAWK COUNTY.
The first bill of indictment reported by the grand jury of the county was against Hamilton Acres, for seduction. The defendant was held to bail in $300. At the next term, nolle pros. entered on the ground that there was no ground for prosecution.
March 2, 1855, all that part of Grundy County north of the correction line was established an election precinct of Black Hawk County, and the first elec- tion ordered to be held at the house of Silas Peck.
March 6, 1856, it was ordered that all that part of Grundy County lying south of the correction line be organized into an election precinct, and that the first election be held at the house of Thomas G. Copp. A. W. Lawrence, T. G. Hoxie and T. G. Copp were appointed Judges of Election, and the precinct named Palermo Township.
June 30, 1855, John M. Harper was appointed an agent to sell liquors at Waterloo, under an act of the General Assembly, approved Jan. 22, 1855.
July 17, 1855, the Court ordered a warrant for $75 to be drawn in favor of John M. Harper, County Liquor Agent, to pay for a bill of liquors pur- chased by him.
July 19th, George N. Minor was appointed as such agent for Cedar Falls, and a warrant for $115 ordered to be drawn in his favor by Martin Bailey, Act- ing County Judge.
Martin Bailey, Clerk of the Court, resigned August 24, 1855, and Morrison Bailey was appointed to fill the vacancy.
January 17, 1856, the office of Treasurer and Recorder was declared vacant, and Francis B. Davison was appointed to fill the vacancy.
ADALINE TOWNSHIP.
March 3, 1856, the County Court ordered the organization of Adaline Township, with the following boundaries : Commencing at the northeast corner of Congressional Township 88 north of Range 14, running thence east on the line of said Township 88, Range 13, to the bank of Cedar River, until it inter- sects the west line of Township 88, Range 12; thence south along section line to the southwest corner of said last mentioned township; thence west on the north line of Township 87, Range 13, to the southeast corner of Township 88, Range 14; thence north to place of beginning. An election was ordered for April 7, but no place of holding it appears in the order.
The Judges of the election held April 7, 1856, were Loring B. Shepard, James Munger and John Parker; Clerks, William L. Manning and John F. Darling. At this election Obadiah Sineaweaver was elected Clerk ; William L. Manning and John Parker, Justices of the Peace.
While there is no order of the County Court changing the name of the Township of Adaline, yet in the records of the general election in August fol- lowing its organization, Orange is substituted, and James Munger, W. H. Wis- well and L. B. Shepard were Judges, and O. P. Sineaweaver and Dyer Reed, Clerks.
CEDAR TOWNSHIP.
March 12, 1856 :
It is hereby Ordered, that all of that part of Congressional Township 88 north of Range 12 west, in Black Hawk County, Iowa. which lies west of the ('edar River, and all of that part of Township 87 north of Range 12 west, in the said county, which lies west of the said river and north of a line running east and west through the center of said township, be and the same are hereby organized into a township for election and other purposes, to be known and designated as Cedar Township, and that the first election in the said Cedar Township be held at the store of Jesse Wasson, on the first Monday in April next.
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HISTORY OF BLACK HAWK COUNTY.
At the first election, April 7, 1856, Bradford W. Clark, N. P. Clark and John P. Romack were Judges; and L. H. Mead and T. R. Points, Clerks ; B. S. Doxey was elected Township Clerk; Joseph H. Mead, Justice of the Peace ; and Clarke K. White and Norman P. Clark, Constables.
BIG CREEK TOWNSHIP.
On the same day in which Cedar Township was created, viz., March 12. 1856, the following appears of record :
And it is further Ordered, That all of that part of Township 87 north of Range 12 west, in said county, which lies south of a line running east and west through the center of the same, and all of that part of Township 87 north of Range 11 west, which lies south and west of the Cedar River, be and the same is hereby organized into a township for election and other purposes, to be known and designated as Big Creek Township, and that the first election in the said Big Creek Township be held on the first Monday in April, at the house of Thomas R. Points.
The two townships of Cedar and Big Creek appear to have been slightly mixed in the contest. The election in Cedar was ordered at the house of J. Wasson, and J. Wasson was elected Justice of the Peace in Big Creek. The election in Big Creek was ordered at the house of Thomas R. Points, and T. R. Points was Clerk of the election in Cedar.
At the first election in Big Creek Township, James Hammer, Christian Good and S. P. Cooper were Judges, and S. N. Knowles and J. Wasson, Clerks. John Shawner was elected Clerk, and C. Good and Jesse Wasson, Justices of the Peace.
THE COURT HOUSE.
On the 10th day of December, 1855, the Court House was ordered to be built, when erected, on the east side of the river; but no further steps were taken and the first recorded action of the County Court after that time was on the 3d day of March, 1856, as follows :
WHEREAS, The said county of Black Hawk has no Court House or other building or room in which to transact the general business of the county, consequently having to rent all rooms now used for such purposes, and there being a surplus of funds on hand now in the treasury of said county not appropriated, and the county being in need of a Court House ;
It is hereby Ordered, That the surplus money now in the treasury of said county, or which may hereafter be collected into said treasury for the year 1855, be appropriated for the erection of a Court House in the village of Waterloo, in said county. And that said county further incur the responsibility of an additional expense, which, in connection with the surplus money in the treasury, or which may be as aforesaid, will amount to $13,000. And, in case such surplus, as above, does not amount to the said $13,000, the balance above what said surplus may be, shall be paid from the first surplus money in the treasury of the said county not otherwise required or appropriated. And until there be such a surplus in said county treasury, the bonds or war- rants of said county be given to the amount of said deficiency.
And it is further Ordered, That a contract or provision be made by said county of Black Hawk, for the erection of such Court House in the said village of Waterloo, during the present year of 1856.
J. RANDALL, County Judge.
March 7, 1856, a contract was made with Giles M. Tinker, for the erection of a Court House. The contract price was $12,747.61; but as to the nature of the building to be erected the records of the County Court are silent.
Having entered into a contract for building a Court House, it became neces- sary for Judge Randall to determine where, on the east side, it should be located. This was under his control, although under the pledges made prior to his elec- tion, the people thought they might have some voice in the matter. But the event proved that the County Judge was abundantly able to locate the building without advice or assistance from anybody, however public confidence might be
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betrayed and abused. He took the responsibility, it appears, for the following entry of record, May 24, 1856 :
WHEREAS, It being necessary to make a location of the county building or Court House, the erection of which has been provided by contract with Giles M. Tinker, in the village of Waterloo ; It is hereby Ordered, That the location of a Court House for Black Hawk County, in the State of Iowa, be this day made, and that it be upon Block 20, in the village of Waterloo, county of Black Hawk, State of Iowa, and that the Court House be erected thereon, now contracted for with Giles M. Tinker, and the said location was this day made as above.
J. RANDALL, County Judge.
The official record, however, does not show the general indignation of the people over this one-sided location ; but there was no remedy. The County Judge was an autocrat, when he elected to exercise to its full extent the power vested in him. It is now generally understood that certain town lots in which Mr. Randall had an interest, influenced Judge Randall in making this selection ; dim visions perhaps of a bridge across the Red Cedar at that point, and conse- quently an entire change of location of the business of the town. Speculation was rampant, and it is said that river lots on the west side, opposite Randall's location of the Court House, sold for $500 in gold. But the location of the bridge on Fourth street punctured the glittering bauble, and permanently fixed the busi- ness part of the city a number of blocks up the river.
Many changes and alterations were made in the original plans, before the building was completed, and, by the time the expensive job was completed, the contractor had received more than double the contract price, or about $27,000, for his work. It is a problem to the uninitiated how so much money could have been put into that building. It is said that the fence around the lot on which the building stands, although looking so modest and unpretentious, cost nearly $2,200. Lumber, of course, had to be hauled from Dubuque; but even that does not account for the excessive cost. The inference is rather strong that there was some "jobbery " in connection with it. The Court House was com- pleted and occupied by the county officials May 4, 1857.
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