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 48
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Simple emigrants stood there, and filled listening ears with tales of events over the sea. There the shameful story of the coup d'etat was made clear with many explanatory. passages and matters of detail never dreamed of on the Boulevards of Paris, where the drunken and infuriated soldiery fired upon unresisting, peaceful citizens, merely to create a stupefying terror upon which the Empire might be founded. There, long after this event, was told another story of a different character. The sufferings from the Irish famine were expounded by men and women racy of the soil, who could tell with a shudder of the days when it first became apparent that the food crops of the nation had failed. The story was a truly sickening affair. such as no European people had unfolded for more than a century, and when the first recital was ended the wanderers were urged to begin again. The sad story was continued for days and weeks at intervals, with a pathos which brought tears to the eyes of the strongest men. The doubts that brooded in the air in old Ireland when stories came to the peasants from afar, about crops looking beautiful at night and by morning were a stench over the country side. How the poor creatures said an Ave Maria with redoubled faith over their potato fields, but could not postpone the evil day when a smell of putrefaction penetrated every dwelling, and it was known that over millions of acres of food upon which many millions relied for sustenance, the destroying angel had passed. The famine fol- lowed, with its deaths beyond number, reckoned by the ignorant at mil- lions in excess of the whole population of Ireland, but actually carrying off nearly seven hundred thousand men, women and children. Then their eyes would glisten for a moment, says a countryman, as they told with tears of joy of the fleets of ships that came over the Atlantic, laden with grain, which a noble charity had sent from America to the sufferers. Even England, the hard-hearted Saxon race, which since the days of Plantagnet has never ceased to be our oppressor-even England bowed down in the dust by our side to pray for us, and to give us succor. " Thus
Theodore De Paws
377
HISTORY OF BOONE COUNTY.
the court-house of the old time was the scene of many an affecting pow- wow.
As a general thing the first conrt-honse, after having served the purpose of its erection, and having served that purpose well, was torn down and con- veyed to the rear of some remote lot and thereafter was made to serve the purpose of an obscure cow stable on some dark alley. There is little of the poetic and romantic in the make up of Western society, and the old court-house, after it was superseded by a more elaborate and showy structure, ceased to be regarded with reverence or awe. It was then looked upon as only the aggregation of so many bass-wood logs or walnut weather boarding and the practical eye of the modern citizen could see nothing in it but the aforesaid logs or boards, and in his estimate of its value nothing but calculation relative to the number of hogs, horses or cattle which these reconstructed logs or boards would accommodate were the conditions bearing on those estimates.
It is a shame that the people of modern times have such little reference for the relics of former days. After these houses ceased to be available for business purposes, and their removal was determined on, they should have been taken to some other part of the city and located upon some lot pur- chased by public subscription, where they might have remained, to have at least witnessed the semi-centennial of the county's history. It is sad that, in their haste to grow rich, so few have care even for the early work of their own hands. How many of the early settlers have preserved their first habitations? The sight of that humble cabin would be a source of much consolation in old age, as it reminded the owner of the trials and triumphs of other times, and its presence would go far toward reconciling the coming generation with their lot, when comparing its humble appear- ance with the modern residences, whose extensive apartments are beginning to be too nnpretentious for the enterprising sport of the irrepressible " Young Americans."
Boone county's first court-house was saved the humiliation to which the average first court-house has invariably been subjected, by a timely confla- gration. Instead of being reduced to a habitation for swine, it ended in flame; so in its destruction it was as illustrious as its career had been; it passed away even as did the palaces of the ancient Trojans; it had a paral- fel in the Pantheon of proud Rome. a fit ending of a career so eventful.
But to return to the history of Boone county court-honses: It has been already remarked that during the closing deliberations of the old board of county commissioners, one of the questions which claimed the attention of that honorable and dignified body was the question of providing for the accommodation of the Honorable Judge William McKay, who had signified his intention of appearing in all the pomp and circumstance of "deestrict jedge," some time during the approaching autumn. The county seat had just been located, and as yet no granite walls or marble columns appeared to serve as the seat of justice; nor brick walls, nor even so much as hewed løg walls; nothing except the solitary and unpretentious bass-wood stake which the locating commissioners had driven into the virgin soil of the prairie. The question of securing, in so short a time, apartments snitable for the accommodation of Judge Mckay and that bright galaxy of legal lights who, in the person of Dan. Finch, Casady and Kasson, in gigs, on horse-back and on mule-back, with a copy of Chitty in one
24
378
HISTORY OF BOONE COUNTY.
pocket and something else in the other pocket, were accustomed to revolve around the circuit in company with this illustrious legal luminary, was a matter of no small moment to the honorable board of commissioners. These men, however, knowing that the interests of the county at home, as well as its credit abroad. rested upon their manly, sunburnt shoulders, proceeded to tackle the court-house question, and removed the mountain of difficulty by the passage of the following order after due and mature deliberation :.
Ordered, That Iots Nos. 3 and 4, in block 12, in Boonesboro, in Boone county, Iowa, be granted to Wesley C. Hull; lot No. 4, valued at thirty-five dollars, and lot No. 3, 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 payment after due until paid, and said Hull is to furnish a suitable room in said Boonesboro to hold court in at the October term, free of charge.
In accordance with this contract, Mr. Hull proceeded at once to erect a double log house on the lots named. The phrase " double log house " is somewhat ambiguous and for the benefit of those who may not understand it, we will explain: a double log house was not a house with walls consist- ing of a double row of logs, but two log houses built close together, with gables facing, and under one roof. Such a house when completed, consisted of two rooms, separated by an open court, and such was the house which Hull built; such was the first court-house and such was the first house erected in Boonesboro. It stood immediately east and across the street from where the present court-house stands. It served quite a variety of purposes, among others the following: private residence, hotel, court- house, law office and post-office. It was afterward removed and on the site was erected a building, first known as the Parker House, then the Occidental Hotel. At present nothing but ruins mark the site of 80 mnuch former glory and activity.
It is not positively known how many terms of court were held in the Hull house, but probably not more than one. As before remarked, there was no term of court during the year 1852, and by October, 1853, it is probable that the school-house was erected, in which courts were held till the fall of 1857, at which time the first regularly provided, specifically designed and elaborately arranged court-house was com- pleted.
This school-house was situated southwest from the public square, on the same site where now is the Boonsboro west ward public school building. It was constructed of logs, contained one room, and had little to distinguish it from other log houses, except that it contained more windows and the logs out of which it was built were hewed logs. This building was remark- able rather on account of the eventful scenes which transpired within. Here many a smart, mischievous boy felt the effects of those peculiar edu- cational influences which are supposed to be inherent in, and were supposed to proceed forth ont of, the birch, the willow and the hazel, or whatsoever material entered into the structure of that educating and refining agency commonly known as a "gad." Here also the big, awkward boy fell in love with the graceful school "marm." Here, also, the gospel was dispensed- and, if we may believe reports, it was frequently dispensed with; here finally and chiefly sat the Judge during sessions of the District Court. Of all the houses which have at any time been erected in Boone county, this one has the most eventful history. Numerous anecdotes-some instruct-
379
HISTORY OF BOONE COUNTY.
ive, some amnsing and some pathetic-are related of this old building. Here it was that Dan Finch and some Boone county lawyer were having an altercation relative to some law bearing upon the future destiny of the world in general, and a Boone county timber-borrower in particular, and when the dispute was at the highest, the defendant quietly and gently lifted himself out of the window, so that the case closed without the point being decided. Two anecdotes relating to that eccentric individual, Judge McFarland, refer the mind back to this old log house.
Court had just been proclaimed one morning, the lawyers were standing idly about, the judge on the bench, when a very awkward-looking and im- polite man, recently elevated to some official position, entered the door and advanced up the aisle, and with hat on and hands in his pockets, stopped immediately in front of the judge's desk.
"What do you want?" inquired the judge.
"I'm lected to office and want to be qualified," said the individual. "I'll swear you," said the judge, "but all h-I can't qualify you."
On another occasion court was in full blast when a terrific thunder storm came up, and between the thunder, lightning, wind and rain the judge was unable to hear a word that was said; springing from his seat, the judge cried out at the top of his voice: "Court's adjourned; the Almighty rules above and Judge McFarland below, but as the former has invaded my juris- diction I give way."
The first regular court-house was erected during the years 1856 or 1857. The management of county affairs at that time was under the care of Judge Montgomery. The record does not show what the contract was, when the building was to be completed, plan of the building, nor cost. However, from the general tenor of the orders issued from time to time, and from the concurrent testimony of persons still living, we are enabled to approximate the cost, and give a tolerably accurate account of the building. The contract seems to have been made with Jeremiah E. Black and Thomas Benton Beazell. The work was begun early in the summer of 1856; the building was erected on a lot at the corner of Third and Fremont streets. It was two stories high, one story being arranged and fitted up for county offices, and the other for a court-room. The following orders issued from time to time as the work progressed will give some idea of the progress of the work and the cost of the building. It seems from the orders that after the work was about half completed Black withdrew from the contract; and the work was finished by Beazell:
August 8th, 1856.
Ordered, That the county treasurer of Boone county pay to Jeremiah E. Black and Thomas Benton Beazell the sum of eight hundred dollars, county funds, as the first payment toward the building of a county court-house, suitable for court-room and rooms for county offices.
December 5th, 1856.
Ordered, That Thomas Benton Beazell receive a county warrant calling for the sum of six- teen dollars for making and putting in two extra windows to the court-house, furnishing and finding all the material of the same.
December 30th, 1856.
Ordered, That Thomas Benton Beazell receive a county warrant calling for the sum of two hundred and six dollars and sixty-nine cents for work done on the court-house.
380
HISTORY OF BOONE COUNTY.
December 31st, 1876.
Ordered, That Thomas Benton Beazell receive a county warrant calling for the sum of six hundred and eighteen dollars and thirty-one cents, due him for work done on the court-house.
Beside these amounts allowed, he received at varions times sums aggre- gating the amount of five hundred and five dollars. The entire cost of the building, according to the orders issued for that purpose by Judge Mont- gomery, was $2,146.
When completed this conrt-honse was regarded as a very creditable building and it served the purposes, for which it was erected, well. How- ever the time came early in 1865, when a large number of the voters and tax-payers of Boone county concluded that their county had outgrown their county building and that they were fully able to build and pay for a better one. The project of erecting a new building was doubtless sprung by cer- tain persons who had a keen eye for real-estate transactions. but all over the county the measure aroused a good degree of enthusiasm. Nor was this the first time the building of a court-house agitated the people of the county. This county, like other Iowa counties, early enthused on the court-house subject, and the buildings heretofore used for that purpose, which we have just described, figured extensively in the history of the county.
From the time these buildings first raised their majestic columns toward the clouds, till the time they began to crumble and were torn down, they were the scene of the most important events; they constituted the forum where rang the most fervid eloquence of the advocate, and here the masses rnshed in time of public excitement for the purpose of interchange of thought. Here the itinerant preacher expounded the word of life and ex- horted sinners to flee from the wrath to come. Here children came to get their first lessons, and the old boys had many a jolly bont. A history of these old court-houses would almost of itself be a history of the county.
When the second conrt-house, the one now in use, and the erection of which we are about to describe, was completed, the old court-honse was sold and coming into the possession of a private individual was devoted to mercantile purposes like any other ordinary building. In later years it caught fire and was consumed. Thus ends its eventful history.
As before remarked, early in the year 1865 the building of a new court- house was agitated throughout the county. The railroad had not yet been completed across the county, but the line had been surveyed and it was evident to the people of Boonsboro that a rival town would spring up near by which would compete for the honor of being the metropolis of the county. This fact probably hastened the agitators of a new court-house. The people of Boonsboro saw in the prospective town which was to spring up a dangerous rival. What the county had long needed was some reliable and efficient communication with the outside world. This was now to be established; wherever the depot was located there would be the business and where the business was there would be the town. If a large town should grow up near at hand it would soon compete for the honor of being the county seat, and in order to steal a march on the prospective rival a new and expensive court-house must be erected. Such, doubtless, was the reasoning of those who started the agitation, and to gain their ends every available argument was brought to bear on those who opposed the meas-
381
HISTORY OF BOONE COUNTY.
ure. County pride was appealed to and the unsecurity of the public records urged with zeal and persistence. The first steps toward this ob- ject by the county supervisors was taken February 7, 1865, when the fol- lowing resolution was adopted:
Resolved, That a special election be called in Boone county, Iowa, to be holden at the regular places of holding elections in said county, on the first Monday in April, 1865, at which special election the following questions shall be submitted to the legal voters of said county, to-wit: Shall a special court-house tax, or a special tax of four mills on the dollar of taxable property of said county be levied per year, to continue until the sum of $50,000.00 be raised by means of such tax for the purpose of building a suitable court-house, in the public square. in Boonesboro, Iowa, with suitable court-room, offices for the various county officers, jail, fire-proof vaults and such other appointments as may be necessary for the use of said county; and also, whether the present court-house, county offices and jail, shall be sold whenever the new house is ready for use and the proceeds of said sale applied to aid in the construction and furnishing of said court-house to be built. That said election shall be con- ducted in the same manner and returns thereof and canvass made as in cases of general elec- tions; at which election each elector voting shall deposit a ballot whereon shall be written or printed: 'For the building of a court-house in the public square, in Boonesboro, Iowa'; 'for the four mill tax to erect said building until $50,000 be thereby raised'; 'for the sale of the present county buildings and lots'; or, 'against the building of a new court-house in the public square in Boonesboro, Iowa'; 'against the four mill tax to erect said court-house till $50,000 be thereby raised'; 'against the sale of the present county buildings and lots.' And if a majority of the legal votes cast at said election be cast for the building of said court- house, and for the said tax, and for the sale of the present county buildings, the vote shall be considered carried, and said court-house shall be erected as aforesaid, and said tax shall be levied on all the taxable property of said county for the year 1865, and to be levied to con- tinue from year to year and every year until the sum of $50,000 be raised, but otherwise the same shall be rejected.
The vote on all these propositions was substantially the same, all being defeated. We hereby give vote as cast in each township on the first propo- sition:
TOWNSHIPS.
FOR.
AGAINST.
Jackson
2
17
Dodge .
22
54
Des Moines
329
31
Worth
9
40
Douglas
3
88
Cass.
61
Union
1
23
Marcy
4
57
Yell.
9
53
Pilot Mound
5
20
-
Total
.384
44+
Though defeated the friends of the measure were by no means discour- aged, and they immediately prepared to bring the matter again before peo- ple of the county. On the 6th of September, 1865, the following was adopted by the board of supervisors:
WHEREAS, a petition has been presented to the board of supervisors, signed by more than one-fourth of the legal voters of the county, asking the erection of a court house in the public square in Boonesboro, Iowa, for the use of the county, at a cost of not more than fifty thou- sand, nor less than thirty thousand, dollars, and praying said board to submit said question to the legal voters of said county, together with the question of borrowing a sum of money
382
HISTORY OF BOONE COUNTY.
sufficient to build said court-house, at the coming general election to be held in October, 1865; therefore,
Be it resolved, That the said county of Boone will cause to be erected in the public square of Boonesboro, Iowa, a court-house at a cost not to exceed thirty-five thousand dollars, and that said county borrow said sum of money at any rate of interest not to exceed ten per cent per annum, payable on or before ten years after date; and that there be levied a special tax each year to pay off said debt as follows: In 1866, 212 mills on the dollar; in 1867, 1868 and 1869, 3 mills on the dollar; 1870, 1871 and 1872, 4 mills on the dollar, and in 1873, 1874 and 1875, 6 mills on the dollar, which tax shall be levied as other taxes and collected in like man- ner; and said tax shall cease to be levied and collected as soon as other means are provided to pay said debt, arising from swamp land fund; the erection of said court-house shall be un- der the control of the board of supervisors and no money shall be borrowed before the 1st day of May, 1866, and then no more than $15,000 shall be borrowed, and no work shall be done on the building till after May 1st, 1866, and then the necessary material may be purchased and the balance of the money shall be borrowed in May, 1867, in which year the building may be completed; but this resolution is not binding or legal in any way or manner unless satisfied by the legal voters of said county, voting on the proposi- tion at the coming general election, to be held on the second Tuesday of October next, and it is ordered that the propositions herein contained shall be submitted at that time.
This proposition carried at the election in October, the vote by town- ships, for and against it, being as follows:
TOWNSHIPS.
FOR.
AGAINST.
Des Moines,
424
160
Dodge
52
53
Douglas
55
50
Worth
65
3
Jackson
20
22
Pilot Mound
13
21
Yell
32
31
Marcy
30
51
Cass
. 2
68
Union
20
11
Total
713
471
The friends of the measure this time won, but not without a struggle, and a serious one, too. Especially in Boonesboro was the contest an ex- citing one. There was a general fight on the streets of that town during the day, but, thongh some persons were severely injured, none were fatally hurt, and the election day closed without any homicides. The court-house party having won the election by an undisputed majority, kept as quiet as their enthusiasm would permit them to do, and no further action was taken till February 28th, 1866, when the board of supervisors, at regular session, appointed a committee of three persons, members of the board, whose duty it was to receive bids and contracts, under certain restrictions, for the erec- tion of the building. This committee consisted of J. M. Wane, T. P. Coin and Thomas Sparks.
At the next session of the board, May 7th, 1866, the committee reported that bids had been received and, on examination, said bids were found not to come within the scope of the resolution. The board thereupon resolved to advertise for bids and requesting all bidders to be present and present said bids at the next regular session of the board in June, 1866.
At the meeting of the board on June 6th, the committee reported as fol- lows:
383
HISTORY OF BOONE COUNTY.
We, the undersigned committee for the purpose of building a court- house, having had under consideration the bids and modifications of Delos Arnold, of Marshalltown, and J. C. Farrard, of Muscatine, beg leave to submit the following report:
"That to accept the bid of Delos Arnold would materially affect the ap- pearance of the building and the convenience of the public square; to ac- cept the bid of J. C. Farrard would not affect materially the appearance of the building and the convenience of the public square. We, therefore, re- commend that the bid of J. C. Farrard be accepted."
This report of the committee was adopted. The next step one would naturally expect to be taken would be the signing of the contract by the board and Mr. Farrard; but not so. On June 8, 1866, we find that the fol- lowing record was made:
"On motion, the board accepted Delos Arnold as contractor for the court- house, in place of J. C. Farrard, all parties agreeing to the change. The contract was presented and approved, all the members of the board voting in favor of it. The contract was signed by the chairman and clerk of the board, and by Mr. Arnold. The contractor, then, on filing the prescribed bond, received court-house bond No. 1 calling for fifteen thousand dollars."
The work of erecting the building begun at once, but was interrupted by legal proceedings. An injunction was laid on the building committee prohibiting them from further proceedings. The case was tried before Judge Wright, and the injunction dissolved. After considerable litigation, crimination and recrimination, the work was allowed to proceed and the building was finally completed in 1868. The building, without the cupola, cost about thirty-two thousand dollars; the cupola cost twenty-seven hun- dred dollars, making a total of thirty-four thousand seven hundred dollars -or, three hundred dollars less than the sum authorized. To give some idea of this edifice and its merits, as viewed at the time of completion, we copy the following, which appeared in the Des Moines Register December 23, 1868.
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