USA > Iowa > Boone County > The history of Boone County, Iowa, containing biographical sketches war records of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, history of the Northwest, history of Iowa, map of Boone county etc. > Part 45
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The subsequent subdivision of territory into separate and distinct coun- ties was not the work of a day. It was in the interests of the older coun- ties to retain the territory attached to them, and the movement to detach territory and form new counties usually originated with the settlers living in these sparsely settled regions. Of course these movements were not successful at first, and sometimes were frequently thwarted. The civil or- ganization of that portion of country now known as Boone county was first effected; that portion of country to the north and west was organized into counties at a later period. The first steps toward the organization of this county were taken by the State legislature during the session of 1846 and 47 in the passage of an act entitled "An act for the organization of Potta- wattamie and other counties." The act was approved February, 1847, and was as follows:
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HISTORY OF BOONE COUNTY.
AN ACT FOR THE ORGANIZATION OF POTTAWATTAMIE AND OTHER COUNTIES.
SECTION 1. Be it enacted by the General Assembly of the State of Iowa: That the country embraced within the limits of what is called the Pottawat- tamie purchase on the waters of the Missouri river, in this State, be, and the same may be, temporarily organized into a county, by the name of Pot- tawattamie, at any time when, in the opinion of the judge of the fourth judicial district, the public good may require such organization.
SEC. 2. That there shall be a special election held in said county, at such time as may be appointed by the judge of the fourth judicial district of this State, at which time the county officers of said county shall be elected, and also two justices of the peace and two constables for each precinct in said county.
SEC. 3. That it shall be the duty or the organizing sheriff of said county to give at least ten days notice of the time and places of holding such special election, by posting up at least three written or printed advertisements in at least three of the most public places in each precinct in said county, grant certificates of election, and in all respects discharge the duties required by law to be performed by clerks of the boards of county commissioners in re- lation to elections, until a clerk of the board of county commissioners for said county may be elected: Provided, That it shall not be necessary for said sheriff to take to his assistance two justices of the peace in opening the poll-books and canvassing the votes polled at said special election.
SEC. 4. That it shall be the duty of the organizing sheriff of said county to divide said county into as many peecincts as the public good may require, and give names to said precincts, and shall describe such division and names in the notices of the special election provided for by this act.
SEC. 5. That the county officers elected at the special election provided for by this act shall hold their respective offices until the first Monday in the month of August next succeeding such special election, and until their successors are elected and qualified.
SEC. 6. That the justices of the peace and constables elected at the special election provided for by this act shall hold their offices until the first Mon- day in the month of April next succeeding said special election, and until their successors are elected and qualified.
SEO. 7. That the organizing or first sheriff of said county may be ap- pointed by the judge of the fourth judicial district of this State, and shall continue in office, and exercise the duties of sheriff of said county, until the time of the holding of the first special election, and until his successor may be elected and qualified. And said sheriff shall be qualified to enter upon the discharge of the duties of said office upon filing his bond and oath of office in the clerk's office of the district court of Polk county; which oath of office may be administered by said clerk.
SEC. S. That the district court and all other courts may be held at such place as may be designated by the board of county commissioners of said county, until the seat of justice of said county may be located by law.
SEC. 9. That any unorganized county in this State, the boundaries of the same being fixed by law, may become organized in the same manner pro- vided for by this act for the organization of Pottawattamie connty: Provided, That the time of holding the first special election shall be fixed, and the appointment of the organizing or first sheriff shall be made, by the judge of the judicial district in which said county may be situated; and the
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HISTORY OF BOONE COUNTY.
first sheriff may be qualified by the clerk of the district court of some ad- joining county, and file his bond and oath of office in the office of said clerk.
Approved, February 24th, 1847.
After the passage and approval of this act it then became necessary for the judge of the particular judicial district in which each of the several pro- posed counties was located to appoint for said county an officer to carry ont the provisions of the act; or, in other words, appoint a sheriff whose duty it was to order an election for county officers, post up notices of said election at a specified number of places, and, in fact, discharge all the duties of a sheriff until the result of the election should be proclaimed, and his successor qualified. The county virtually ceased to be a part of Polk county on the appointment of said sheriff, although no taxes could be levied and no courts held till after the election. William McKay was judge of the fifth judicial district at this time, and his order appointing S. B. McCall sheriff is as follows:
" To all to whom these presents shall come: know ye that I, William McKay, judge of the fifth judicial district in the State of Iowa, have and do hereby appoint Samnel B. McCall, of Boone county, in said district, sheriff to organize said county of Boone according to an act for the organi- zation of Pottawatamie and other counties approved February, A. D. 1847; to have and to hold the said office of sheriff with all the rights, duties and privileges thereunto appertaining as fully and completely as I have right or power to grant unto him according to said act, and that he have and hold the same until the first Monday in August, 1849, and until his successor is duly elected and qualified.
"And I also hereby fix the first Monday in August next as the time of holding a special election in said county of Boone for the election of county officers within and for said county of Boone.
"Given under my hand at Fort Des Moines this 8th of May, 1849. "WM. MCKAY, "Judge."
In accordance with the order of Judge Mckay the first election held in Boone county occurred on the first Monday in August, 1849. At this election the following officers were chosen.
County Commissioners-Jesse Hull, Jonathan Boles and John Boyles. Commissioners' Clerk-Reuben S. Clark.
Clerk of District Court-John M. Wayne.
Recorder, Collector and Treasurer-John M. Crooks.
Sheriff-Samuel H. Bowers.
Surveyor-Thomas Sparks.
Prosecuting Attorney-W. C. Hull.
There were ninety votes cast at this election, twenty-six of which were cast in Boone precinct. As more than ordinary interest attaches to this the first election, we herewith give a copy of the poll-book for Boone precinct at that election. We are sorry that we cannot give a fac-simile of the pen- manship.
" Organizing poll-book of Boone county, Iowa:
"Poll-book of an election held at the house of John M. Crooks, in Boone township, Boone county, Iowa, on the first Monday and sixth day of Au- gust, A. D. 1849, for the purpose of electing county officers and a board of public works.
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HISTORY OF BOONE COUNTY.
" Jacob Crooks and George Hull, judges, and John M. Wayne and Mont- gomery McCall, clerks of said election, were severally sworn by me as the law directs previous to their entering upon the duties of their respective offices.
" JOHN PEA, " Judge of Election.
"John Pea, judge of election, was sworn by me as the law directs pre- vions to his entering upon the duties of his office.
" GEORGE HULL, " Judge of Election.
NO. NAMES.
NO.
NAMES.
14. George Hull. 1. .James Turner.
15 .John Pea. 2.
3.
. David Noah.
16 William Hull.
4. Montgomery McCall.
17 .Nicholas M. Bonnett.
. Albert Miers. 18 Reuben S. Clark.
5
Samnel H. Bowers. 6
19 .Thomas Sparks.
7 Samuel B. McCall.
20 Lewis Kenney.
21 John M. Crooks. 8. James Corbin.
9
Henry Hoffman. 22 James Hull, Jr.
James B. Hamilton. 10
23 Felix Oneal.
11 Pembroke Gault.
24 Uriah Hull.
.James Hull. 25 John Gault. 12
Jacob Crooks. 26 John Boyles. 13
" At an election held at the house of John M. Crooks, in Boone town- ship, Boone county, Iowa, on the first Monday and sixth day of August, 1849, the following named persons received the number of votes annexed to their respective names for the following described offices, to-wit:
" For County Commissioners-Pleasant Chitwood has nineteen votes; James Corbin has twelve votes; John Boyles has sixteen votes; Jesse Hall has twelve votes; Jonathan Boles has ten votes.
" For Sheriff-Samuel H. Bowers has twenty-six votes.
" For Recorder, Collector and Treasurer-John M. Crooks has seven- teen votes; William Sawyer has five votes.
. " For Probate Judge-John Gault has twelve votes; Samnel B. Fisher has nine votes.
" For Clerk of Court-Philip K. Detrick has fourteen votes; Reuben S. Clark has nine votes.
" For Commissioner's Clerk-John M. Wayne has ten votes; Renben S. Clark has sixteen votes.
" For School Commissioner-James Hull has twenty-five votes; Mont- gomery McCall has one vote.
" For Prosecuting Attorney-Montgomery McCall has twenty-five votes.
" For Surveyor-Thomas Sparks has twenty votes.
" For Coroner-Henry Hoffman has twenty-one votes.
" For Sealer of Weights and Measures-John Boyles has thirteen votes; James Hull has one vote.
" For Justice of the Peace-James Turner has twelve votes; Pembroke Gault has nine votes; Albert Miers has one vote.
" For Constable-Nicholas M. Bonnett has eighteen votes; Uriah Hull
Henry H. Fisher.
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HISTORY OF BOONE COUNTY.
has one vote; Henry H. Fisher has four votes; Albert Miers has two votes.
" Certified by us this 6th day of August, 1849.
'.JACOB CROOKS, "JOHN PEA,
" GEORGE HULL, " Judges of Election.
" Attest : " MONTGOMERY MCCALL, " JOHN M. WAYNE,
" Clerks of Election."
The county commissioners, viz .: John Boyles, Jonathan Boles, and Jesse Hull, met on the first day of October, 1849, at the house of John Boyles. It must be remembered that there was as yet no place selected as the seat of justice, no court-house, and consequently no building for the commis- sioners to meet in. The first session of the court was therefore held at the house of John Boyles, as he was one of the board, and his residence was probably located more conveniently than the house of either of the other commissioners. The first orders of the commissioners had reference to the purchase of record books for the use of the newly elected county officials. The orders on this subject were as follows:
Ordered, That Reuben S. Clark purchase two dollars' worth of writing paper for the use of the county officers of Boone county, Iowa, the said Clark to be paid out of the first county funds that may not be otherwise appropriated.
Ordered, That the commissioners' clerk grant Samuel B. McCall an order for seventy-five cents for an order book.
The third order had reference to a county seal. It was as follows:
Ordered, That the commissioners' clerk use the eagle side of an American half dollar as the seal of the commissioners' court until otherwise provided for.
The next orders had reference to the organization of civil townships and the designation of their boundaries, as follows:
Ordered, That Pleasant township, in Boone county, Iowa, shall be bounded as follows: Beginning at the southeast corner of said county, thence north with the east line of said county eight miles, thence west twenty-four miles to the west boundary of said county, thence south with the west boundary of said county eight miles, thence east twenty-four miles with the south boundary of said county to the place of beginning. Which also shall constitute a commissioners' district (No. 1) in said county.
Ordered, That Boone township, in Boone county, lowa, shall be bounded as follows, to-wit: Beginning at the northeast corner of Pleasant township, thence north with the east boundary of Boone county eight miles, thence west twenty-four miles to the west boundary of said county, thence south eight miles with the west boundary of said county to the northwest corner of Pleasant township, thence east twenty-four miles to the place of beginning. Which also shall constitute a commissioners' district (No. 2) in said county.
Ordered, That Boone River township, in Boone county, Iowa, shall be be bounded as follows, to-wit: Beginning at the northeast corner of Boone township, thence north with the east boundary of Boone county eight miles to the northeast corner of Boone county, thence west with the north boundary of said county twenty-four miles to the northwest corner of said county, thence south eight miles with the west boundary of said county to the northwest corner of Boone township, thence east twenty-four miles with the north boundary of Boone township to the place of beginning. Which also shall constitute a commissioners' district (No. 3) in said county.
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HISTORY OF BOONE COUNTY.
Thus it will be seen that Boone county as originally subdivided into civil townships consisted of three townships, each eight miles wide and extend- ing east and west across the county. The place of holding elections in Boone River township, was at the house of Thomas McNeal: in Boone township, elections were held at the house of John M. Crooks. It does not appear from the record where the first elections in Pleasant township were held, but probably they were also on the east side of the river, and conse- quently it was very inconvenient, and sometimes extremely hazardous, for those on the west side to attend elections.
Before entering upon the duties of his office, the commissioners' clerk, Reuben S. Clark, filed the following bond, which was accepted by the com- missioners:
" Know all men by these presents that we, Reuben S. Clark, John Pea and Montgomery McCall, of Boone county, State of Iowa, are held and firmly bound unto the State of Iowa in the penal sum of two thousand dol- lars, to the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors and administrators firmly by these presents, sealed with our seals, and dated the 21st day of August, A. D. 1849.
"The condition of the above obligation is, that whereas the said Clark was, at an election held in Boone county on the 6th day of August, A. D. 1849, duly elected clerk of the board of. county commissioners for Boone county. Iowa: now if the said Clark doth faithfully perform the duties of said office according to law and the best of his ability, then the preceding obli- gation to be null and void, otherwise to be in full force and virtue.
" REUBEN S. CLARK. " MONTGOMERY MCCALL.
" JOHN PEA.
"Approved by us this 21st day of August, A. D. 1849.
" JESSE HULL. "JOHN BOYLES. "Commissioners of Boone county."
At the first session of the commissioners, after transacting the business already referred to, they allowed claims amounting to thirty dollars and seventy-five cents, and then adjourned to meet at the house of John M. Wayne on the 13th of October. The claims which they allowed were as follows:
Samuel B. McCall for services in organizing the county $21.00
Judges and clerks of election 5.00
Commissioners per diem 3.75
Salary of commissioners' clerk 1.00
Total claims allowed at first session of commissioners' court .... $30.75
The second ineeting of the commissioners was held at the house of John M. Wayne, at which meeting there seems to have been but two of the board present, viz .: Jesse Hull and John Boyles. All that was done at this meet- ing of the board was to order that the future place of meeting be at the house of John M. Crooks; allow three claims, one of which was for the sum of one dollar and sixty-five cents to the commissioners' clerk for services in making out the county tax list, and make the following record:
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HISTORY OF BOONE COUNTY.
Personally appeared John Pea. and asserted to our satisfaction that he was grievously assessed in March, 1849, of a sum of forty-one hundred and fifty dollars; be it ordered, therefore, that the same amount be hereby remitted.
The third session of the commissioners' court met on the 7th day of January, 1850, at the house of John M. Crooks. At this session there were present Jonathan Boles and Jesse Hull, John Boyles being absent. The business of the commissioners at this session had reference exclusively to the location of roads. The first petition for the first road was received and granted.
The record is as follows:
"P. K. Detrick presented the following petition:
" We the citizens of Boone county do hereby represent to your honor- able body that a road commencing near section two on the north side of said county, range 26 and township 85 to run southerly near Henry Fisher's Point, thence to run through section thirty-three near a school house on Honey creek in range 26, township 84, thence the nearest and mnost accessible route through sections four and nine of said range in town- ship 83, thence at or near Luther's in section fourteen in township 82, thence running the nearest and most accessible route to intersect with the county road leading from Panoach, Dallas county, Iowa, to the county line near Boles' mill seat would tend greatly to the advantages of the public and of utility to us and to the public in general. We, therefore, petitioners pray your honors to appoint suitable persons to view out and locate as much of said road as may be from Fisher's Point to intersect with the road leading from Panoach near Boles' inill seat. "
Signed by thirty-eight.
Ordered, That the above petition be granted and the following named persons, to-wit: Matthew White, Col. John Rose and Vickers Preston, viewers, and S. C. Wood surveyor of said road. Said viewers and surveyor to meet at Benjamin Williams' on the first Monday in March. 1850, and having taken to their assistance the necessary hands shall proceed to view said route and report to this board as the law directs.
JONATHAN BOLES. JESSE HULL.
The next session of the commissioners' court was held on the 28th ot January, 1850, all of the commissioners being present. James Hull pre- sented a petition for a county road commencing at the terminus of the Polk county road at Swede Point and running by the nearest and best route to the north, line of the county. This petition was signed by twenty-one citi- zens of the county and was intended to be an opposition route to the road petitioned for at the previous meeting of the board. This petition was likewise granted, and viewers were appointed to view the proposed route and report the result of their observation to the board at their next meeting according as the law directs.
The clerk of the board was also directed " To cause to be set up three advertisements in each township in Boone county, within three weeks from this date, forewarning all persons whatsoever from taking any timber or timbers off any school land or river land, or lands lying within Boone county, Iowa. "
At the meeting of the board in March it was
Ordered, That Tyler Higley, Matthias White and John Redpath be appointed as judges of an election to be held in Boone River township, Boone county, Iowa, April, A. D. 1850.
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HISTORY OF BOONE COUNTY.
At the meeting in April following it was
Ordered. That Matthias Hoffman receive an order for fifty cents the same being as compensation for an excess of taxation for the year 1849.
The following orders were also granted showing that then as now the people deemed themselves to be badly tax-ridden :
Ordered, That James Hull, Sr., receive one order for five dollars and five cents for ser- vices rendered as school fund commissioner.
Ordered, That two hundred and forty six dollars of the valuation of Nicholas Bonnett's property assessed in 1849, be and the same is hereby remitted, having been satisfied that he was over assessed to that amount.
Ordered, That sixty-two dollars of the valuation of the property of Isom Hull, assessed in 1849, be and the same hereby is remitted, having been satisfied that he was over-assessed to that amount.
At the July meeting of the board, the commissioner's clerk was directed to issue to Samuel H. Bowers an order of four dollars as payment for as- sessing Boone county in June, 1850. It costs a trifle more to assess the county at the present time. . The clerk was also directed to draw an order in favor of John Gault, for the sum of twenty-five cents, in payment of a bill for paper furnished to the school fund commissioner.
The following is a copy of the order levying the taxes for the year 1850, the same being the first regular tax levy made in Boone county:
Ordered, That the commissioner's clerk make out a correct list of the State, county and school tax on all real estate and personal property of the county, according to the assessment list returned and made out by the sheriff for the year 1850; and also, to levy the same at four mills the dollar for county purposes; two and a half mills the dollar for State purposes, and one mill the dollar for school purposes, and deliver the same to the treasurer of Boone county, for which the said clerk shall take the treasurer's receipt.
At the same term of court it was ordered that the commissioner's clerk issue notices for the election of officers, for and in the township of Pleas- ant, county of Boone, election to take place on the first Monday of August, 1850. An election was ordered for the same time in Boone township, to fill the vacancy occasioned by the resignation of Pembroke Gault, justice of the peace in and for Boone township, Boone county, Iowa.
At the next session of the county court, the report of the persons ap- pointed to view the first road, located in the county, was presented. The record runs as follows:
" The report of the viewers appointed at a former session of the court, to view and locate a road, commencing at Henry Fisher's Point, thence through section thirty-three, near a school house on Honey creek in range 26, township 84; thence through sections four and nine in said range, township 83; thence through section fourteen, in township 82, near Luther's; thence to intersect with a county road leading from Panoach, Dallas county, Iowa, at the county line near Boles' mill, having been re- ceived at a former session of this board, and the said report having been favorable to the establishment of said road, agreeable to the surveyor's plat of the same, returned to this board, and the said report having been read on three several days, and no objection having been made to the es- tablishment of the same, and no petition for a review or for damages hav- ing been presented to the board, it is, therefore, ordered that the report aforesaid be accepted, and that the road described therein be established
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HISTORY OF BOONE COUNTY.
and declared a public highway, and that road supervisors be required to take notice thereof."
John Rose was allowed the sum of four dollars and fifty cents, Vickers Preston four dollars and fifty cents, and Matthias White three dollars and seventy-five cents for services as viewers of the aforementioned road. Sil- vers C. Woods was allowed the sum of seven dollars and fifty cents for sur- veying and platting the said road; John G. Adams, Philip Detrick and others were allowed the sum of nine dollars and thirty-seven and a half cents for services as chain-bearers and ax-men in laying out the said road. At the same session the report of the viewers who were appointed to view a road from Swede Point to the north part of the county was received and the road established. The entire expenses in surveying, platting and view- ing this road, amounted to nineteen dollars and thirty-seven and a half cents.
The next session of the commissioners' court occurred in October, and Jonathan Boles' term of office having expired he was succeeded by James Corbin, who was elected at the regular August election.
At this session of the court the board were overwhelmed with petitions for changing and reviewing the two roads already established; these peti- tions were granted and viewers appointed to review the roads.
For over one year the county commissioners had their regular place of meeting for the transaction of official business at the house of John M. Crooks. At a meeting of the board, held in January, 1851, it was ordered that the sessions of the commissioners' court thereafter should be held at the school-house, on Honey creek, in section 33, township 84, range 26. This was the place where the official meetings of the board continued to be held until the county seat was located in July following. At the April session the following order was made:
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