USA > Iowa > Cedar County > The history of Cedar County, Iowa : containing a history of the county, its cities, towns, &c. : a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men > Part 48
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CIRCUIT COURT.
The Circuit Court was created by an act of the General Assembly of 1868, and approved April 6, 1868, entitled as follows : "An act establishing Circuit and General Term Courts, and to define the powers and jurisdiction thereof." The act defines that the Circuit Court shall have original and exclusive jurisdiction in all county matters relating to the probate of wills, the appointment of executors, administrators and guardians. The Circuit Court also had concurrent juris- diction with the District Court in all civil matters, actions at law, foreclosure of mortgages, etc. No grand jury is empaneled in this court, nor does it have criminal jurisdiction.
Prior Scott MECHANICSVILLE
413
HISTORY OF CEDAR COUNTY.
The first term of the Circuit Court of Cedar County commenced on the 1st day of February, 1869, in the court house, in Tipton ; Hon. Sylvanus Yates. Judge; William Elliott, Clerk ; John D. Shearer, Sheriff. The first jury was composed of the following named citizens: Homer Frink, Peter Monk, E. C. Blackmar, Charles Benson, Ira Brink, George A. Guthrie, Jacob King, Thomas Rcaves, A. H. Stevens, Win. Fraseur, Frank Baldwin, E. H. Carl, George H. Wadsworth, Crawford Smith and Thomas W. Fishburne. Frank Baldwin and Thomas W. Fishburne were discharged for causc. N. J. Hawley, David Crisman and Wm. Jenney were returned to complete the pancl. A. H. Stevens could not be found by the Sheriff.
The first case of record in the Circuit Court was that of Robert Isracl vs. Henry Tillet, on an action at law. The Court ordered that the case be continued.
The first jury trial, in this court, was the case of C. Brinkman vs. B. Wil- helm, in an action of replevin. The jury consisted of the following named persons : Homer Frink, Peter Monk, E. C. Blackmar, Charles Benson, Ira Brink, George A. Guthric, Thomas Reaves, E. H. Carl, George A. Wads- worth, Crawford Smith, David Crisman and William M. Jenney. After listening to the evidence of witnesses and arguments of the counsel, the jury retired to consider their verdict, and returned a verdict for the plaintiff.
Judyes of Circuit Court .- (Circuit Court organized February, 1869)-Sec- ond Circuit of Eighth Judicial District, Hon. Sylvanus Yates first Judge, 1869 to 1873; Eighth Circuit of Iowa, Hon. John McKean, 1873-(present incumbent).
DISTRICT COURT.
Judges, 1840 to 1878 .- Second Judicial District, Territory of Iowa, Hon. Joseph Williams, 1840 to 1845; Third Judicial District, Territory of Iowa, Hon. Thomas S. Wilson, 1846 ; Second Judicial District, State of Iowa, Hon. James Grant, 1847 to 1851; Second District of Iowa, Hon. Thomas S. Wil- son, 1852; Eighth Judicial District, Hon. William E. Leffingwell, 1853; Eighth Judicial District, Hon. John B. Booth (appointed), 1854; Eighth Judi- cial District, Hon. Wm. H. Tuthill, 1855 to 1858; Eighth Judicial District, Hon. William E. Miller, 1859 to 1862; Eighth Judicial District, Hon. Norman W. Isbell, 1863 to December, 1864; Eighth Judicial District, Hon. C. H. Conklin, December. 1864, to December, 1865 ; Eighth Judicial District, Hon. N. M. Hubbard, December, 1865 to 1866; Eighth Judicial District, Hon. James H. Rothrock, 1867 to 1875; Eighth Judicial District, Hon. John Shane, 1876 to 1878.
AGRICULTURAL.
At a meeting of the citizens of Cedar County, held in the Court House in Tipton, on Saturday, November 9, 1861, in pursuance of a notice published, for the purpose of organizing an Agricultural Society for the county, J. K. Snyder was called to the chair, and F. Butterfield was chosen Secretary. The object of the meeting was stated, and, after discussing the matter, a Committee of five was appointed to draft Articles of Incorporation and Constitution and By-Laws. George B. Sargent was chosen Chairman of the Committee, and Joseph H. Leech, Mathew Springsteed, H. N. Washburne and Carlisle Curtis made up the residue of the Committee.
G
414
HISTORY OF CEDAR COUNTY.
J. A. Huber, Chairman, and H. N. Washburne, Moses Bunker, John W. Brown and Henry Sherwood were appointed a Committee to select fair grounds, at Tipton, and to receive proposals for leasing or purchasing the same.
The Committee on Premium Lists were: H. N. Washburne, Chairman, A. Holtslander, Moses Varney, Dr. W. H. Keith and Henry Sherwood.
Committees, consisting of three persons each, were appointed, one from each township, to solicit subscriptions.
The second meeting occurred November 25, 1861. Articles of Incorpora- tion and Constitution and By-Laws were adopted at this meeting. The incor- porators were : William Fraseur, Robert McKee, William W. Aldrich, William R. Edgar, William M. Knott, Jesse L. Bradshaw, H. C. Piatt, C. P. Sheldon, Joseph K. Snyder, Henry Sherwood, A. Holtslander, George B. Sargent, Mathew Springstecd, Myron Gleason, James Jennings, Harvey Leech and H. N. Washburne.
The first officers of the society were as follows : George B. Sargent, Presi- dent ; M. Springsteed, Vice President ; A. Holtslander, Secretary ; Joseph K. Snyder, Treasurer; Directors, Center Township, C. P. Sheldon ; Inland, E. L. Bassett ; Farmington, H. N. Washburne; Massilon, E. Brink ; Pionecr, Myron Gleason ; Red Oak, W. A. Rigby ; Linn, George Smith ; Cass, Robert Gower ; Fremont, Asa Cooper; Sugar Creek, E. R. Healy; Rochester, James Jen- nings ; Springfield, Henry Sherwood; Dayton, William McNeil; Springdale, J. M. Watson ; Iowa, Preston Roberts; Gower, George Galbreath.
The third meeting was held January 22, 1862. The contract for printing the premium list was let to the Tipton Advertiser. The proposition of Will- iam H. Tuthill, to lease the Board twenty acres of ground for five years, on which to locate the fair grounds-the first year free, and at $12.50 per annum thereafter-was accepted.
The first fair was held in September, 1861. The show was not extensive, but equaled the expectations of all. The fair was held on the grounds east of Tipton, belonging to William H. Tuthill. An address was delivered by Wells Spicer, Esq.
The annual fairs were held on these grounds until the Fall of 1866, when it was removed to the new grounds, just west of Tipton. The Society purchased forty-two acres of land from J. W. Kynett, April, 1866, for which they paid $1,596.
The Society contracted debts to such an extent that they were obliged to reorganize under a stock company. Accordingly, a meeting was held at the Court House in Tipton, December 27, 1871, in pursuance of verbal, written and printed notices of the Directors of the Cedar County Agricultural Society, to the friends of agriculture.
John C. Lyle was called to the chair, and R. W. Starr was appointed Secre- tary. The question was discussed at length by the gentlemen present, which resulted in the formation of the Cedar County Fair Association, independent of the county, but a society of stockholders. Articles of Incorporation, Constitu- tion and By-Laws were adopted at this meeting.
The first officers of the new organization were: H. C. Piatt, President ; J. C. Lyle, Vice President ; W. L. McCroskey, Secretary ; George Beaty, Treasurer.
The first annual fair of the Association was held the second week in Sep- tember, 1872. Of this fair the Tipton Advertiser, of September 26th, that year, says :
Taken altogether, the fair was essentially a success ; and the officers who have labored so earnestly in its behalf may well be encouraged. The weather was very bad, except on the last
415
HISTORY OF CEDAR COUNTY.
day, when a good attendance was on the ground. In spite, however, of all drawbacks, money was received to pay up everything satisfactorily, which has already been done, leaving a fair start for next year.
FINANCIAL EXHIBIT, 1877.
RECEIPTS.
Cash by H. W. Bailey, license for wheel of fortune.
$20 00
Cash by N. C. Millhouse, license of saloon, etc. 70 00
Tickets sold.
39 00
N. C. Millhouse, saloon license, etc.
60 00
Tickets sold
256 00
N. C. Millhouse, license, etc.
46 00
H. W. Bailey, Secretary.
62 00
Cash for tickets sold
644 00
N. C. Millhouse, license, etc.
65 00
H. W. Bailey, Secretary.
50 00
N. C. Millhouse, license, etc.
27 00
H. W. Bailey, Secretary.
29 00
H. C. Piatt.
8 50
Tickets sold
174 25
Amos Wisener, eating house.
10 00
Total
$1,562 80
EXPENDITURES.
Amounts paid out as per vouchers herewith submitted.
$1,416 99
Balance in Treasury October 12, 1877
$145 86
Orders paid from October 12th to October 17th. 21 40
Balance in Treasury October 18, 1877. $124 46
Orders paid since October 18, 1877.
52 20
Balance in Treasury October 23, 1877.
$72 26
Orders paid since October 23, 1877.
19 95
Balance in Treasury November 6, 1877
$52 31
Orders
9 25
Balance
$43 06
Amount of State warrant for 1877.
200 00
Amount in Treasury December 31, 1877. $243 06
Present Officers .- H. W. Bailey, President ; Wm. McNeal, Vice President ; S. Y. Yates, Secretary; Wm. L. McCroskey, Treasurer; Directors, Moses Bunker, James H. Fulwider, Charles Hammond, Wm. M. Knott, Alex. Buchanan, Henry Walters, J. H. Gunsolus, J. T. Hudelson, Wm. McNeal, N. C. Millhouse ; Executive Committee, Henry Walters, Moses Bunker, J. T. Hudelson ; Finance Committee, Charles Hammond, Wm. M. Knott, J. H. Fulwilder; Tickets and Gates, N. C. Millhouse, J. H. Gunsolus, Alex. Buchanan ; N. B. Stanton, Marshal ; G. G. Chandler, Assistant Marshal.
416
HISTORY OF CEDAR COUNTY.
EDUCATIONAL.
In no one interest of the county have forty-two years marked sucli wonderful and gratifying changes as in the educational.
Fifty years ago, a knowledge of the higher branches of education could only be obtained at tlie colleges of the older States-Yale, Harvard, Amherst, Dart- mouth, and their contemporaries. Now, there is not a graded school in Cedar County that does not furnish advantages almost equal to a majority of the col- leges of that period. On all the prairies neat and comfortable school houses are to be seen, while the teachers are proficient, and competent to impart instruction in any of the branches necessary to the ordinary pursuits of life. In reality, they are the people's colleges, and no system is dearer to the people than the system that supports and maintains them. To make war upon this system would only be making war upon the nation's life.
It is unnecessary to enter into a detailed mention of those who engaged in the laudable work of teaching in the pioneer days of Cedar County, for their name is legion. But it is due alike to them and their patrons to say that they all made good records as educators.
To name all of those who engaged in the honorable profession of teachers, from the date of the opening of the first schools, in 1837-38, to the times when lands became taxable, thus enabling the people to sustain free public schools, would be a work of supererogation. As the population increased in town and country, schools increased in like proportion. As the years increased and the people increased in wealth, the old log school houses, with their mud and stick chimneys, puncheon floors, and puncheon seats, greased paper windows, and other primitive accommodations, went down before those more in keeping with the progressive marchi of time. But the old log school houses, and the old teachers are kindly remembered by the leading men of the county. In them the found- ations of usefulness were laid that have enabled many of their scholars to go out in the world and make honorable records among the learned men of the nation.
From the last report (1877) of the present Superintendent, Miss E. E. Frink, the following paragraph is copied :
The educational work in this county is so far from being what I want it, and hoped to make it, that I feel unwilling to say much about it, believing it is better to say nothing, than to speak of it disparagingly. Our greatest needs are a higher grade of scholarship, and a better knowl- edge of the improved methods of teaching.
Our normal institute this Summer was much more largely attended than the one a year ago, and the interest manifested and work accomplished cannot result otherwise than for good. A desire was expressed that we raise the grade of work for the A Class, and after due deliberation, it was decided to add natural philosophy, physical geography, and American literature to the course of study for that division.
Since my last report, we have held five educational meetings in different parts of the county. The results have shown that they were productive of good. Our custom has been to provide a lecture for Friday evening, and Saturday has been devoted to class exercises and general discus- sion of educational topics.
This year we have been proffered one or more columns iu one of our county papers, " to be devoted to the promotion of education in general, and Cedar County in particular." The column is under the supervision of a corps of editors, composed of teachers of the county.
Several new school houses have been erected during the past year, and in every instance an effort has been made to construct them in accordance with the best plans. They have all been furnished with patent seats and furniture, and a sincere desire seems manifested to make the school life of the children pleasant and desirable. The schools usually are deficient in apparatus. But even this is being remedied in many districts.
417
HISTORY OF CEDAR COUNTY.
The following is the present condition of the schools :
1877.
EDUCATIONAL STATISTICS OF CEDAR COUNTY.
Number of districts in township
12
Number of sub-districts.
96
Number of independent districts
43
Number of ungraded schools
131
Number of graded schools.
8
Average number of months taught during 1877.
72
Number of male teachers.
90
Number of female teachers
194
Average compensation of males per month
$39 26
Avcrage compensation of females per month. 28 38
Highest wages paid to male teachers
111.11
Highest wages paid to female teachers.
60
Lowest wages paid to male teachers.
20
Lowest wages paid to female teachers.
20
Number of children of school age.
7,226
Number of children enrolled in public schools
5,863
Total average attendance .
3,515
Total cost of tuition per pupil.
$ 1 62
Total amount paid teachers.
42,786 26
Total amount of school funds received.
108,079 21
Total amount of school funds expended .
66,590 94
Balance on hand ..
41,488 27
Number of first grade certificates issued
58
Number of second grade certificates issued.
78
Number of third grade certificates issued
21
Number of applicants rejected.
83
Number of schools visited.
147
Number of visits made during the year ..
154
The growing sentiment, recognizing woman's worth as an cducator, mani- fested itself in Cedar County by the election of Miss Eunice E. Frink to the office of County Superintendent of Schools, her first term beginning January 1, 1876. She at once began a systematic course, to elevate the condition of the schools throughout the county, and to increase the efficiency of the teachers.
The endorsement of her work by the public, was shown in a largely increased majority in November, 1877, when she was re-elected for a second term. Let it be said, too, that no personal effort was made at either election, a fact that cannot be said of many office-holders of the sterner sex.
Miss Frink commenced her second term by vigorously continuing in rigid and actual examinations of candidates for teaching and insisting on thorough work, in the school room, bringing into her work long experience in teaching, a strong will, earnest desire to do good, a fidelity to official duty rarely met with among public officials, uniting energy, and a firmness, yet gentleness, that can- not fail to make a favorable and lasting impression upon the educational interest of the county.
SABBATH SCHOOL ASSOCIATION.
The Cedar County Sabbath School Association was organized about 1870, under the instruction of the Iowa Sabbath School Association.
Rev. L. P. Dosch was the prime mover in the work in Cedar County, and G. W. Barclay did much to assist in carrying it forward and making it efficient. He was Secretary of the Association for five years. Rev. Joshua Rial, Rev. E. L. Dodder, Rev. E. R. Brown and Lawrie Tatum have been the Presidents, and Rev. L. P. Dosch, Dr. Chittenden, G. W. Barclay and A. M. Sheldon, the Secretaries of the Association.
418
HISTORY OF CEDAR COUNTY.
The amount that Sunday school workers have accomplished through this organization cannot be easily estimated.
All the townships have been organized and considerable missionary work done throughout the county. Inland township, through the zeal of her work- ers, has a good record. Opinions between different sects have become smaller, and friends in the Sabbath School work more closely united. But few of the townships have maintained their organization, yet conventions are occasionally held in different parts of the county.
The efforts of the Association are now directed toward obtaining a compre- hensive view of the responsibilities of officers and teachers and the best methods of instruction, in order that the scholars may have a thorough knowledge of the Bible, secure salvation and develop the highest form of true manhood.
The Annual Conventions afford an opportunity for Sunday school workers to discuss questions which pertain to the wants of the Sabbath school, so that they may become skillful workmen in the Master's vineyard.
A report from thirty-eight of the Sabbath schools of Cedar County give the following statistics : One hundred and fifty-six officers, 269 teachers, 2,729 scholars and 3,129 the total membership.
There are 2,630 church members, of whom 1,176 are in the Sunday school. One hundred and eighty-seven scholars were converted last year, and 509 signed the temperance pledge. Thirty-four schools use the National uniform lessons, 17 have libraries containing 2,507 volumes, and 27 are open during the entire year.
The Sabbath schools contributed $117.14 last year for benevolent purposes, and $1,130.26 for their own support.
OLD SETTLERS' ASSOCIATION.
Oh ! a wonderful stream is the river of Time, As it runs through the realm of tears, With a faultless rythm, and a musical rhyme, And a broader sweep, and a surge sublime, As it blends in the ocean of years.
-B. F. Taylor.
Forty-two years have passed away since white men first entered, for oceu- pancy, upon the fertile prairies of Cedar County-erst the hunting grounds of the Sauk and Foxes, the Musquakies, and kindred tribes of native people.
Since the time when the cabins of white men began to be reared upon the hillsides and within the valleys of the numerous streams that find their source in hillside springs and unite their waters with the mighty Mississippi, the Father of Waters, the years have been so full of change that the visitor of to-day, ignorant of the past, could scarcely be made to realize that during these years a population of 20,000 has grown up within the limits of the county whose history we are writing. From a savage wild, marked only by bloody conflicts of Indian tribes, and recorded only in vague tradition and dumb mounds of earth, this land has become a center of civilization, net-lined with fences and checkered with the fairest fields of cultivation. Where once roamed and grazed vast herds of buffalo, deer, antelope and elk, now feed in quiet peace the fattening herds of swine and eattle. The rippling streams, where timid deer were wont to quench their thirst, now turn the wheels of industry at the will of those strong-hearted men who came from happy eastern homes to con- quer the wilderness and civilize the beautiful prairie.
419
HISTORY OF CEDAR COUNTY.
Schools, churches, highly cultivated and remunerative farms, with their palatial-like dwellings, mark the camping places and battle grounds of the wild men who once held dominion over these prairie plains and forest-covered hills. Cities, towns and villages occupy the places once dotted over with Indian wigwams. Iron bridges span the streams where once bark canoes served as ferries for the wild men, their women and children, and railroads and telegraph lines-adjuncts and agencies of the highest type of civilization known to the world's history-mark the course of the trails they made when traveling from one part of the country to another.
It is not strange that among the pioncer settlers of any new country a deep- seated and sincere friendship should spring up, that would grow and strengthen with their years. The incidents peculiar to life in a new country-the trials and hardships, privations and destitutions-are well calculated to test not only the physical powers of endurance, but the moral, kindly, generous attributes of manhood and womanhood. They are times that try men's souls and bring to the surface all that there may be in them of either good or bad. As a rule, there is an equality of conditions that recognizes no distinctions. All occupy a common level, and, as a natural consequence, a brotherly and sisterly feeling grows up that is as lasting as time, for "a fellow feeling makes us wondrous kind." With such a community, there is a hospitality, a kindness, a benevo- lence and a charity unknown and unpracticed among the older, richer and more densely populated commonwealths. The very nature of their surround- ings teaches them to "feel each other's woe, to share each other's joy." An injury or a wrong may be ignored, but a kindly, generous, charitable act is never forgotten. The memory of old associations and kindly deeds is always fresh. Raven locks may bleach and whiten ; full, round cheeks wither and waste away ; the fires of intelligence vanish from the organs of vision; the brow become wrinkled with care and age, and the erect form bowed with accu- mulating years, but the true friends of the " long ago " will be remembered as long as life and reason endure.
The surroundings of pioneer life are well calculated to test the "true inwardness" of the human heart. As a rule, the men and women who first occupy a new country-who go in advance to spy out the land and prepare it for the coming of a future people-are bold, fearless, self-reliant and indus- trious. In these respects, no matter from what remote sections or countries they may come, there is a similarity of character. In birth, cducation, religion and language, there may be a vast difference, but, imbued with a common pur- pose-the founding and building of homes-these differences are soon lost by association, and, thus they become one people, united by a common interest, and no matter what changes may come in after years, the associations thus formed are never buried out of memory.
RED OAK OLD SETTLERS.
In November, 1870, John Ferguson invited to his house the old settlers of the vicinity of Red Oak. Among them were the following : John Safley, who came with John Ferguson and wife, September 11, 1836 ; Charles Dallas and wife, now of California, came with them ; W. A. Rigby, who came in October, 1836; William Coutts and John Chappell, who came in the Spring of 1837 ; Samuel Yule, who came in September, 1837; Robert, William and Gordon Dallas, who came in 1838; John Goodrich (deceased) and wife, 1838; Robert Cousins and family, including sons James and Joseph, 1841; J. W. Brown and family, December, 1839.
420
HISTORY OF CEDAR COUNTY.
When all had arrived at the house of Mr. Ferguson, he informed them that he had caused them to come together in order to properly recognize and more fully appreciate the kindness and beatitude of the Great Giver of all good to that community ; for after a lapse of more than thirty long years, while the ruthless sickle of time had stricken down friends and neighbors on all sides, not one of the little band of settlers before 1840 had been removed by death, but, singularly enough, all were living and had been blessed by surroundings of comfort and elegance and a goodly share of this world's property.
The day was passed in reviewing and renewing the old times, and from that time an annual meeting of this hardy band of Scotchmen has been held, in suc- cession, at the homes of the following members :
1871, John Goodrich ; 1872, W. A. Rigby ; 1873, John Safley ; 1874, Samuel Yule; 1875, Elzy H. Carl ; 1876, John Chappell; 1877, Gordon Dallas ; 1878, to be held at the residence of James Cousins.
John Goodrich died February 2, 1877, aged 81 years. He was born August 1, 1795. Robert Dallas and Robert Cousins have been dead some years.
From this informal society sprang the
CEDAR COUNTY OLD SETTLERS' ASSOCIATION.
In pioneer life, there are always incidents of peculiar interest, not only to the pioneers themselves, but which, if properly preserved, would be of interest to posterity, and it is a matter to be regretted that the formation of "Old Set- tlers' Associations " has been neglected in so many parts of the country. The presence of such associations in all the counties of our common country, with well-kept records of the more important events, such as dates of arrivals, births, marriages, deaths, removals, nativity, etc., as any one can readily see, would be the direct means of preserving to the literature of the country the history of every community, that, to future generations, would be invaluable as a record of refer- ence, and a ready method of settling important questions of controversy. Such organizations would possess facts and figures that could not be had from any other source. Aside from their historic importance, they would serve as a means of keeping alive and further cementing old friendships, and renewing among the members associations that were necessarily interrupted by the innovations of increasing population, cultivating social intercourse, etc.
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