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 46
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Ordered, That Reuben S. Clark, commissioner's clerk, receive an order for fourteen dol- lars for services in making out the receipts and expenses and making out the delinquent list of Boone county, for advertising the April election, and making out poll books for said elec- tion, and making assessor's books for the sheriff.
It will strike the reader that this was a large amount of work and quite a variety of work, too, for the sum of fourteen dollars, but it must be re- membered that money was scarce and the item of preparing tax books was comparatively small to what it now is. As early as April, 1851, the county was sufficiently well settled, and the settlers deemed themselves sufficiently civilized to engage in litigation, and doubtless, also, in neigh- borhood quarrels about county roads. It has already been stated that at the January meeting of the board there were quite a number of petitions asking for the reviewing and the relocating of the two roads already estab- lished. In April the board took the following action in reference to one of the said petitions;
Ordered, That the petition of Samuel Luther for the alteration of the county road leading from the termination of the Dallas county road to Fisher's Point; the change to commence at the crossing of Hull's Branch, thence at or near said Luther's land, thence at or near an old house William Carrol used to live in, township 82, range 26, be and the same is laid over till the next July regular term for the want of evidence stating that the said alteration is as accessible for travel as the established county road.
359
HISTORY OF BOONE COUNTY.
The following order made at the July term has reference to the levying of taxes for the year 1851:
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, according to the assessment list returned by the sheriff for the year 1851 and also make out and levy the same at four mills the dol- lar for county purposes, two mills the dollar for State purposes and one mill the dollar for school purposes and deliver the same unto the treasurer on or before the 15th of August for which the said clerk shall take a receipt for the same.
It has been customary as a rule in the organization of new counties that a seat of justice was selected at or near the time that the county was or- ganized. Boone county furnishes an exception to this rule. It has al- ready been seen that Boone county was organized under a general rather thian a special act of the State Legislature, and in said act there was no provision for the location of a seat of justice. It has already been shown that the county was organized in 1849, and the first election was held in August of that year. In speaking of the board of commissioners, whose proceedings have been noticed at length, it has been seen that that official body had various places of meeting; first at the house of John Boyles; second at the house of John M. Wayne; third at the house of John M. Crooks and lastly at the school-house on Honey creek. It does not appear from the record where the other county officers had their offices, but they must have had some recognized place of business which, in all probability, was at their own homes. The necessity of having the seat of justice located became more and more apparent as the county became more generally settled'and the amount of county business increased. The county as yet had no public buildings, and none could be erected or even leased so long as there was no place designated for the location of such buildings. Official documents were liable to be lost, and persons having business to transact were frequently at a loss to determine where to find the proper of- ficer; when the officer was found he most likely had no facilities for trans- acting the business satisfactorily, or safe place to keep a record of his of- fic al act. In this condition of affairs the State legislature was petitioned for an authority to locate a seat of justice, and provision for the same was made in the following act:
" CHAPTER XIX. - COUNTY SEATS.
"AN Acr to locate the seats of justice of certain counties therein named: " Beit enacted by the General Assembly of the State of Iowa, That David Sweem, of the county of Marion, S. K. Scovill, of the county of Dallas, and Samuel Haworth, of the county of Warren, be and they are hereby appointed commissioners to locate and establish the seat of justice of the county of Boone.
" Approved January 21st, 1851."
This act was passed during the session of the legislature sometime dur- ing the winter of 1850 and 1851. Provision was made in a supplemen- tary section, fixing the time when the commissioners were to meet and fix the location. The time fixed was between the first and the fifteenth of July, 1851.
At the time agreed upon Mr. Sweem appeared in the county prepared to proceed in the discharge of his duties. Owing to recent rains and high water in the rivers, neither of the other locating commissioners appeared.
23
360
HISTORY OF BOONE COUNTY.
Mr. Sweem could not fix the location without being attended by at least one other member of the commission. Finally becoming impatient at the delay he was about to return to his home in Marion county, when the citi- zens, who were very anxious to have the matter disposed of, prevailed upon ยท him to remain another day, on condition that a messenger be sent to Dallas county after Mr. Scovill, one of the other members of the coinmission. S. B. McCall was the person selected to proceed on this perilous journey, and after having made several narrow escapes in crossing swollen streams, re- turned in company with Mr. Scovill. The two commissioners met at the house of Montgomery McCall, where they spent the following night, and on the next day subscribed to the following oath before the proper officials:
We do solemnly swear that we have no personal interest in the location of the seat of jus- tice of the county of Boone, Iowa, and that we will faithfully and impartially locate the the same according to the best interests of said county, taking into consideration the future as well as the present population of said county.
S. K. SCOVILL, DAVID SWEEM, Locating Commissioners.
Having taken the oath prescribed by the act of appointment the two, Mr. Sweem and Mr. Scovill, proceeded to examine the county. Of course they were not without some faithful guides, who directed them to the most avail- able sites whose merits had frequently before been discussed around many a log fire in the cabins of the settlers. The commissioners, of course, list- ened to all the arguments which were adduced in favor or in opposition to the several proposed locations, and after having examined the county to their satisfaction, and heard what the people had to say, they retired to a room by themselves and soon agreed on the following report:
"STATE OF IOWA "BOONE COUNTY VA } s8.
"BOONESBORO.
"We, the undersigned commissioners, appointed by an act to provide for the location of the seat of justice of Boone county, approved January 18, 1851, do hereby locate and establish the seat of justice of said county of Boone upon the northwest quarter of section (29) twenty-nine in township (84) eighty-four north, range (26) twenty-six west of the principal meridian, lying and situated in the district of land subject to entry at the land office at Dubuque. Given under our hands and seals at the place of location this 9th day of July, A. D. 1851.
"S. K. SCOVILL. "DAVID SWEEM. .
"Locating Commissioners."
Thus it was that on the 9th of July, 1851, Boone county first acquired a county seat, and the town of Boonesboro was ushered into existence. The location was one, doubtless, frequently advocated by the people, and the name probably had been frequently suggested, but the name Boonesboro probably never appeared at the introduction of any letter or other docu- ment, certainly not at the head of any legal document till it was written on the 9th of July in the report of the commissioners.
On the same day that the locating commissioners made their report, the county commissioners met, Jesse Hull, John Boyles and James Corbin : being present, and passed the following orders:
361
HISTORY OF BOONE COUNTY.
Ordered, That the commissioner's clerk issue unto David Sweem forty dollars, and unto S. K. Sckoville fifteen dollars, as commissioners to locate the seat of justice of said county, to be paid out of the lot fund of the said county for services rendered.
Ordered, That the commissioners' clerk notify Thomas Sparks, county surveyor, to take to his assistance the necessary hands on the 31st inst. and lay off two hundred lots near the stake, where the locating commissioners of the county set their stake on the northwest quar- ter of section 29, in township 84, range 26, and proceed from day to day until the said num- ber is laid off.
Ordered, That the County Commissioners meet at the designated place for the county seat of Boone county on the 31st day of July, inst., and lay off the public square in the town of Boonesboro, the designated place of the seat of justice of Boone county.
Ordered, That the Commissioners have a called session on the 26th day of July, inst., at the designated county seat of Boone county, called Boonesboro.
At this called session of the county commissioners, the first action was taken with regard to the disposal of the town lots. It will be proper to state, in way of explanation of the order, that the quarter of a section of land, which originally constituted the site of the county seat town, belonged to the county, and the town lots being the property of the county were at the disposal of the official representatives, who, at this time, were county commissioners, subsequently a county judge. Thus it will be seen hereafter that certain orders granted, were paid out of lot fund, or in other words, out of a fund created by the proceeds of the sale of lots.
Ordered, That lots Nos. 3 and 4, in block 12, in Boonesboro, Boone county, Iowa, be granted to Wesley C. Hull; lot No. 4, valued at thirty-five dollars, and lot No. 3, valued at forty-five dollars, one-fifth paid in hand, one-fifth in six months, one-fifth in twelve months, one-fifth in eighteen months, and the balance in two years, with ten per cent on each pay- ment after due until paid, and said Hull is to furnish a suitable room in said Boonesboro to hold court, at the October term, free of charge.
Ordered, That the commissioner's clerk cause to be published a sale of lots in the town of Boonesboro, Boone county, Iowa, on the first Monday in October next, and on Tuesday and Wednesday following, the same to be published in each of the Fort Des Moines papers, and in the paper published at Oskaloosa; the payment to be such: one-fifth in hand, one-fifth in six months, one-fifth in twelve months, one-fifth in eighteen months and balance in two years. If the last payment, when due, with all former payments and interest thereon, at ten per cent after due is not made, then the same will fall back to the county.
These orders were the last official acts of the old board of county com- missioners. According to the provisions of the act passed by the general assembly of the winter previous, the board of county commissioners was abolished, and in its stead was created the office of county judge, whose duty it was to transact the business theretofore transacted by the county commissioners.
At the election in August of that year, Samnel B. McCall was elected county judge, and it appears from the record that he entered npon the du- ties of his office immediately thereafter.
We have given a complete synopsis of all the official acts of the county commissioners. To some it may seem as if more space has been devoted to the doings of that body than the importance of their acts would seem to warrant. It must be remembered, however, that aside from the intrinsic importance of their official acts, there is a relative importance which in- heres in the doings of this board of commissioners, seeing that they were the first executive officers of the county, and the first beginnings of things have clustering around them interests which do no not attach to later and even more momentons transactions.
In 1851 the board of county commissioners was superseded by the office of county judge. The gentleman first exalted to the honors and emolu-
362
HISTORY OF BOONE COUNTY.
ments of this office was S. B. McCall. The management of county affairs being thus left in the hands of one individual the county judge was in a small way a veritable despot; his word was final in the adjudication of claims against the county; he located roads, levied taxes, built bridges, erected court-houses and jails, and was amendable to no one except on day of election. Notwithstanding the almost unlimited authority exercised by this official, and the large amount of money constantly at his disposal, we do not find that the trust was frequently betrayed. During the whole time that county affairs were in the hands of the county judge there was but one case, throughout the entire State, in which this official proved cor- rupt and was false to the trust confided in him. This seems to be remark- able and we are lead to inquire the cause. Was it because the people were peculiarly fortunate in the selection of men for that office? Men whom the consciousness of power could not corrupt and money could not buy? Or is there some philosophy whereby may be explained this wonderful purity of the one man power? We are inclined to the latter opinion. It is a law of social being that men are more swift to go with the multitude in the way to do evil than to individually assume the responsibility of an evil act, and the risk which few men would be willing to individually assume there are many who would be willing to divide. Thus it is that the county judge was more than usnally accommodating, careful and particular. Should he make a mistake he must alone assume the responsibility; should he arro- gate authority or misappropriate funds, he alone must bear the odium of the crime. Thus it followed, too, that county judges enjoyed to a remark- able degree the confidence of the people and their tenure of office was longer than other officials, they generally having been elected for three and four terms.
Boone county does not furnish an exception to the rule of long tenure of this office. S. B. McCall having held the office for several consecutive years was succeeded by Judge Montgomery who held the office for quite a while. He in turn was succeeded by McCall, and the latter was again succeeded by Montgomery, the latter having been the incumbent of the office at the time the office was abolished to be succeeded by the board of township supervisors. At the time of writing, March, 1880, Judge Montgomery is still living at the county seat of Boone county, and although a centennarian and confined to his bed by the infirmities of age still has a vigorous intellect and can look back with pride to his long and faithful . career as a county official.
Among the first official acts of the county judge were those relating to the surveying of the county seat and the disposal of lots. Among the first records made by this official is the following.
" September 1st 1851. Comes Thomas Sparks and presents for consid- eration a bill against the county of Boone for the services of himself and assistants in laying off the town of Boonesboro.
" The said bill being duly considered and allowed the court orders that each of the following named persons as set forth by said bill receive a war- rant on the lot fund of said county calling for the amount set opposite to their respective names, to-wit:
363
HISTORY OF BOONE COUNTY.
Thomas Sparks 5 days surveying. $16.50
William Ball 22 days carrying flag .. 2.25
William Thomas 31 days driving stakes 3.25
Solomon Webster 3} days carrying stakes 3.25
James Corbin 2} days carrying chain . 2,25
David Hamilton 21 days carrying chain. 2.25
Geo. W. Lacy 1 day carrying flag.
1.00
Total
$30.75
Notwithstanding the fact that the expenses of the county in early times were comparatively small and quite a sum was realized from taxation as well as from the sale of lots in the new town, the expenses were greater than the receipts, as is shown by the following:
"July 5, 1852, after examination it is found that the receipts and ex- penditures of the county for the respective years since the organization of the county has been as follows, to-wit:
Amount of available tax for the year ending June 30, 1850 $64.60
Amount of expenditures 77.92
Indebtedness of county $13.32
Amount of available tax for the year ending June 30th 1851 $170.33
Amount of expenditures for the year ending June 30, 1851. 340.01
Indebtedness of county $169.68
Amount of tax for the year ending June 30, 1852 $421.82
Amount of expenditures for the year ending June 30, 1852 391.84
Amount due county officers . . 169.68
Amount of indebtedness, 1850 13.32
Amount of indebtedness, 1851 169.68
Total indebtedness
$956.22
Amount of tax $421.82
Net indebtedness of county
$534.40
Assets for fiscal year ending June 30, 1853
. $2,992.00
" S. B. McCALL,
" County Judge. "
Prior to the year 1853, it appears that the property of the county was assessed by a person under the direction of the board of commissioners and county judge. During the year 1853 the work of assessing the property of the county was first done by township assessors elected by the people. The persons elected in the various townships and the sum paid each is ascer- tained from the following order of the county judge:
Ordered, The following named persons, the township assessors of the several town- ships in Boone county for the present year, receive county warrants for their services as assessors, as follows, to-wit:
J. T. Alexander, for four days assessing Dodge township and two days attendance on the county court, at $1.50 per day, a county warrant for nine dollars.
364
HISTORY OF BOONE COUNTY.
William S. Hull, for five days assessing Boone township and attendance upon the county court at $1.50 per day. a county warrant for six dollars and fifty cents.
William Schooler, for five days assessing Pleasant township and two days attendance upon the county court, at $1.50 per day, a county warrant for ten dollars and fifty cents.
Montgomery McCall, for five days assessing Berry township and two days attendance on the county court, at $1.50 per day, a county warrant for ten dollars and fifty cents.
William Hall, for five days assessing Yell township and two days attendance on the county court, at $1.50 per day. a county warrant for ten dollars and fifty cents.
The whole amount allowed to said assessors, as above shown, amounting to forty-seven dollars.
SAMUEL B. MCCALL, County Judge.
Prior to July 1st, 1853, there were two separate and distinct county funds, one arising from taxation and the other from the sale of lots in Boonesboro. Certain bills were specified to be paid out of the "lot fund," and said fund could be used only for such purposes. The funds were kept separate afterward, but by order of the court the two funds were used alike for all county purposes. The order was as follows:
Ordered, That the lot fund shall be used as a part of the county fund proper, in common with the fund arising from taxation for county purposes, and that it be accounted for as available means to defray the ordinary expenses of the county.
By the rapid sale of lots, from which the county realized quite a sum, and by reason of the careful and economical administration of the county finances, the county was soon out of debt, and there was quite a balance in its favor. The following report shows the condition of financial affairs in July, 1854:
Expenditures of Boone county for the year ending July 1, 1854. . $1,456.71 Indebtedness, July 1, 1853 634.89
Total.
$2,091.60
Receipts during year 1853-4 1,758.49
Net indebtedness
$ 232.11
LOT FUND.
Value of lots sold to July 1, 1854.
$3,365.20
Notes on hand July 1, 1854. 1,494.73
Cash.
$1,870.47
Amount paid into county treasury.
968.52
Expended to July, 1853.
515.12
Expended to July, 1854
341.57
Balance paid to treasurer.
45.26
Total
$1,870.47
Available means
$1,494.73
Total indebtedness
232.11
Means over indebtedness $1,262.62
SAMUEL B. MCCALL, County Judge.
July 13, 1854.
365
HISTORY OF BOONE COUNTY.
That large item of expense at present incurred in sustaining paupers did not appear in the list of expenses of the county till the year 1854. During that year there was a pauper found in Pleasant township, and the finding occasioned considerable litigation, as will be seen from the following record :
" COUNTY COURT, January 24, 1854: Come Jesse Hull and William Dickinson, trustees of Pleasant township, Boone county, Iowa, and repre- sent that Catharine Rule, a poor widow of said township, applied to them for relief and support, according to law, and that Nimrod Rule, her son, in their belief fails or neglects to give her necessary relief, and that they will apply to this court on Thursday, the 9th day of February, 1854, for an order to compel the same.
" Whereupon, notice is this day issned to the said Nimrod Rule, under seal of this court, of said application, and that he be and appear at the county office in Boonesboro, on said Thursday, the 9th of February, 1854, then and there to show cause why he should not support or relieve his said mother, or to send in his written agreement to do so.
" S. B. MCCALL, County Judge.
" BOONE COUNTY v8. County Court, February 9, 1854.
NIMROD RULE.
"This cause came on to be heard on an intermediate day, all parties be- ing present and assenting, whereupon the application of the trustees of Pleasant township, Boone county, Iowa, was presented by Lewis Kinney and C. Beal for plaintiff, and answered by C. F. McFarland for defendant. And the evidence being heard on both sides and the case argued by the parties, and, whereas, it appears, from the testimony in the case, that. Catharine Rule, the mother of said defendant, has no permanent place of residence and has not the means wherewith to support herself, without aid from some source, being old and of no benefit in any family, in conse- quence of her disposition of mind; it is therefore
" Ordered, That Nimrod Rule, the defendant, her said son, shall give her such relief as shall prevent her becoming a public charge, by taking her to his house or by providing her a house or home to reside at of a character to conduce to her reasonable comfort; such relief after the house or home is provided, not to exceed fifty cents per week; costs of suit adjudged against the defendant.
"SAMUEL B. McCALL, "County Judge."
This case was afterward appealed to the District Court.
The following record, relating to swamp lands, will close our extracts from the county judge's record:
" In the matter of the cost of selecting the swamp and overflowed lands, in this county. by Silvers C. Wood, surveyor of said county. and hands, present Samuel B. McCall, county judge, and Cornelins Beal, clerk. Whereas, it is important that said surveyor and hands should receive pay for their services, and said surveyor having filed with said clerk an affidavit as required by law, it is therefore ordered that the following sum be allowed, and the sums charged to the drainage fund."
The sums allowed amounted to the total sum of $262.
As before stated, the first election was held in August, 1849. This elec- tion, it is hardly necessary to say, had nothing of the nature of a political
366
HISTORY OF BOONE COUNTY.
contest. The object was simply to organize the county, and political dif- ferences had not yet appeared in the county. But very soon there came a change.
The citizens were then generally quiet, industrious and peaceable with one another. Occasional differences and disputes arose, which, in the main, were soon overlooked, or forgotten on account of their necessary and mutual dependence for aid and convenience, as well as for common defense in their pioneer homes.
Dissensions and enmities, however, began to creep in gradually, as the settlement progressed, and continued to increase in working mischief very much in proportion as the settlers became more independently situated and more exclusive in devotion to self-interest and advancement.
This unwelcome spirit of dissension began to manifest itself to the pub- lic most clearly, perhaps, about the time the proclamation of the organizing sheriff announced the organization of the county, which would create nu- merous offices to be filled from the ranks of first voters.
These offices during the first term, of course, presented no great induce- ment for being very eagerly sought after so far as salary was concerned; but then they afforded positions of influence and preference, and they might, in the near future, prove very convenient stepping-stones to more lucrative and influential positions; beside, it was no mean thing to be elected to fill the first offices created in the new county. In this regard they afforded considerable inducement for being sought after by those who were at all inclined toward official distinction, and they called forth numer- ous aspirants.
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