USA > Iowa > Des Moines County > The history of Des Moines county, Iowa, containing a history of the country, its cities, towns, &c., a biographical directory of citizens, war record of its volunteers > Part 35
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The society so incorporated may, annually or oftener, efect from its members its Trustees, Directors or Managers at such time and place, and in such manner as may be specified in its by-laws, who shall have the control and management of the affairs and funds of the society, a majority of whom shall be a quorum for the transaction of business, and whenever any vacancy shall happen among such Trustees, Directors or Managers, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. When the body corporate consists of the Trustees. Directors or Managers of any benevolent, charitable, literary, scientific, religious or mis- sionary institution, which is or may be established in the State, and which is or may be under the patronage, control, direction or supervision of any synod, con- ference. association or other ecclesiastical body in such State, established agreeably to the laws thereof, such ecclesiastical body may nominate and appoint such Trustees, Directors or Managers, according to usages of the appoint- ing body, and may fill any vacancy which may occur among such Trustees, Directors or Managers; and when any such institution may be under the patronage, control, direction or supervision of two or more of such synods, con- ferences, associations or other ecclesiastical bodies, such bodies may severally nominate and appoint such proportion of such Trustees, Directors or Managers as shall be agreed upon by those bodies immediately concerned. And any vacancy occurring among such appointees last named, shall be filled by the synod, conference, association or body having appointed the last incumbent.
In case any election of Trustees, Directors or Managers shall not be made on the day designated by the by-laws, said society for that cause shall not be dissolved, but such election may take place on any other day directed by such by-laws.
Any corporation formed under this chapter shall be capable of taking, hold- ing or receiving property by virtue of any devise or bequest contained in any last will or testament of any person whatsoever ; but no person leaving a wife,
317
ABSTRACT OF IOWA STATE LAWS.
child or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his estate after the payment of his debts, and such device or bequest shall be valid only to the extent of such one-fourth.
Any corporation in this State of an academical character, the memberships of which shall consist of lay members and pastors of churches, delegates to any synod, conference or council holding its annual meetings alternately in this and one or more adjoining States, may hold its annual meetings for the election of officers and the transaction of business in any adjoining State to this, at such place therein as the said synod, conference or council shall hold its annual meet- ings ; and the elections so held and business so transacted shall be as legal and binding as if held and transacted at the place of business of the corporation in this State.
The provisions of this chapter shall not extend or apply to any association or individual who shall, in the certificate filed with the Recorder, use or specify a name or style the same as that of any previously existing incorporated society in the county.
The Trustees, Directors or stockholders of any existing benevolent, char- itable, scientific, missionary or religious corporation, may, by conforming to the requirements of Section 1095 of this chapter, re-incorporate themselves or con- tinue their existing corporate powers, and all the property and effects of such existing corporation shall vest in and belong to the corporation so re-incorporated or continued.
INTOXICATING LIQUORS.
No intoxicating liquors (alcohol, spiritnous and vinous liquors), except wine manufactured from grapes, currants or other fruit grown in the State, shall be manufactured or sold, except for mechanical, medicinal, culinary or sacramental purposes ; and even such sale is limited as follows :
Any citizen of the State, except hotel keepers, keepers of saloons, eating houses, grocery keepers and confectioners, is permitted to buy and sell, within the county of his residence, such liquors for such mechanical, etc., purposes only, provided he shall obtain the consent of the Board of Supervisors. In order to get that consent, he must get a certificate from a majority of the elec- tors of the town or township or ward in which he desires to sell, that he is of good moral character, and a proper person to sell such liquors.
If the Board of Supervisors grant him permission to sell such liquors, he must give bonds, and shall not sell such liquors at a greater profit than thirty- three per cent. on the cost of the same. Any person having a permit to sell, shall make, on the last Saturday of every month, a return in writing to the Auditor of the county, showing the kind and quantity of the liquors purchased by him since the date of his last report, the price paid, and the amount of freights paid on the same ; also the kind and quantity of liquors sold by him since the date of his last report ; to whom sold ; for what purpose and at what price ; also the kind and quantity of liquors on hand; which report shall be sworn to by the person having the permit, and shall be kept by the Auditor, subject at all times to the inspection of the public.
No person shall sell or give away any intoxicating liquors, including wine or beer, to any minor, for any purpose whatever, except upon written order of parent, guardian or family physician ; or sell the same to an intoxicated person or a person in the habit of becoming intoxicated.
318
ABSTRACT OF IOWA STATE LAWS.
Any person who shall mix any intoxicating liquor with any beer, wine or cider, by him sold, and shall sell or keep for sale, as a beverage, such mixture, shall be punished as for sale of intoxicating liquor.
But nothing in the chapter containing the laws governing the sale or pro- hibiting the sale of intoxicating liquors, shall be construed to forbid the sale by the importer thereof of foreign intoxicating liquor, imported under the author- ity of the laws of the United States, regarding the importation of such liquors, and in accordance with such laws ; provided that such liquor, at the time of the sale by the importer, remains in the original casks or packages in which it was by him imported, and in quantities not less than the quantities in which the laws of the United States require such liquors to be imported, and is sold by him in such original casks or packages, and in said quantities only.
All payment or compensation for intoxicating liquor sold in violation of the laws of this State, whether such payments or compensation be in money, goods, lands, labor, or anything else whatsoever, shall be held to have been received in viola- tion of law and equity and good conscience, and to have been received upon a valid promise and agreement of the receiver, in consideration of the receipt thereof, to pay on demand, to the person furnishing such consideration, the amount of the money on the just value of the goods or other things.
All sales, transfers, conveyances, mortgages, liens, attachments, pledges and securities of every kind, which, either in whole or in part, shall have been made on account of intoxicating liquors sold contrary to law, shall be utterly null and void.
Negotiable paper in the hands of holders thereof, in good faith, for valuable consideration, without notice of any illegality in its inception or transfer, how- ever, shall not be affected by the above provisions. Neither shall the holder of land or other property who may have taken the same in good faith, without notice of any defect in the title of the person from whom the same was taken, growing out of a violation of the liquor law, be affected by the above provision.
Every wife, child, parent, guardian, employer, or other person, who shall be injured in person or property or means of support, by an intoxicated person, or in consequence of the intoxication, has a right of action against any person who shall, by selling intoxicating liquors, cause the intoxication of such person, for all damages actually sustained as well as exemplary damages.
For any damages recovered, the personal and real property (except home- stead, as now provided) of the person against whom the damages are recovered, as well as the premises or property, personal or real, occupied and used by him, with consent and knowledge of owner, either for manufacturing or selling intox- icating liquors contrary to law, shall be liable.
The only other exemption, besides the homestead, from this sweeping liability, is that the defendant may have enough for the support of his family for six months, to be determined by the Township Trustee.
No ale, wine, beer or other malt or vinous liquors shall be sold within two miles of the corporate limits of any municipal corporation, except at wholesale, for the purpose of shipment to places outside of such corporation and such two- mile limits. The power of the corporation to prohibit or license sale of liquors not prohibited by law is extended over the two miles.
No alc, wine, beer or other malt or vinous liquors shall be sold on the day on which any election is held under the laws of this State, within two miles of the place where said election is held; except only that any person holding a permit may sell upon the prescription of a practicing physician.
319
ABSTRACT OF IOWA STATE LAWS.
SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIP- TION.
The business of publishing books by subscription, having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made :
A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the consid- eration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exag- gerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be inade by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the princi- pal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.
All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they can not be altered, varied or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.
Persons employed to solicit subscriptions are known to the trade as can- vassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred. in their business.
It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is; if they can not read themselves call on some one disinterested who can.
STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.)
No. of
No. of :
No. of
Spring Wheat.
Winter Wheat.
Indian Corn.
Products
COUNTIES.
Acres
Acres
Oats.
Value of
of 1m-
Acres
Unim-
under
proved
proved
Culti-
No. of
No. of
No. of
No. of
Bushels
No. of
Bushels
No. of
No. of
No. of
of Farm
in
Land.
Land.
vation
Bushels
Bushels
in 1874.
Acrcs.
Harv't'd
Acres.
Harv't'd
Acres.
Harv't'd Acres.
Ilarv't'd
Dollars.
Appanoose. ..
161059
161083
125188
9606
77789
1019
10838
64871
2385243
1375G
387346
$1611937
Alamakee.
131767
156521
109388
61880
937639
181
1961
21325
905920
12776
442929
1415769
Audubon.
21146
23819
15986
6876
89235
10
97
9225
394655
788
83233
Adams
65159
13735
54352
17917
281376
7
171
25171
969777
181153
Adair
83182
55680
66265
27550
435014
70
1402128
3951
141293
695318
33118
37034
27010
3500
30860
Buena Vistal .
15514
162737
7888
228231
4455
159739
828171
Benton.
294518
53911
239-108
99106
1343666
280
83244
3328921
2791
67069
207828
15190
445070
2664995
Boonc.
156937
71810
108612
429257
11
84
46151
1595752
10401
404620
1018453
Butler.
119498
58908|
124977
32505
57907
779167
20
700
38685
1270818
13827
14259
421719
1209785
Bremer
115967
17001
104810
48878
644795
28754
1026641
1939590
518571
538196
1144620
Black Hawk
213025
150881
181256
89361
1108021
56592
16801
Buchanan.
64291
812342
1811250
556209
1898421
19056
71418
15,210
48831
17431
2615949
Clay.
37059
39919
33315
17481
153159
8797
180120
4436
98766
123343
Cherokce
54638
28974
45412
$1693
401501
9459
315215
115595
35019
Cass.
110864
45304
92785
40123
676209
40582
1901062
3515
176281
Crawford
58058
283114
15262
24000
321894
17957
648658
9079
2902
99158
1284899
483357
Cedar
248869
41417
309895
166485
40467
640544
415463
26
295
78224
2845921
20243
675837
2606149
Cerro Gordo ..
52980
48618
28199
9512
265443
7199
228097
591617
Clayton
212291
151908
173622
86883
1305125
1347
21030
37918
1471263
3061338
20024
669895
Clinton
299853
428
23701
702059
2081793
57337
68683
1010345
12
89297
3049019
Chickasaw
96304
94772
643519
3
63
51-1279
11744
446300
894656
Carroll
58065
309744
74104
39159
40162
16821
26756
340161
3
20
16014
550041
3238
107577
451365
Clarke ..
98694
50487
78803
17968
217090
7
55
39066
1580260
12337
367643
7054987
Calhoun
26996
116003
26618
131597
11010
109631
10
150
10656
351120
2993
73182
221613
Davis
150338
5379
30993
5379
56405
62127
2115569
13643
345707
1600090
Decatur
115751
87172
95275
8211
7:169
12239
50484
1763140
10555
344551
1024541
Dubnque
187831
98361
146244
49210
634135
817
84
1720
67118
1702391
2301938
25115
643322
1636132
Des Moines
143665
58165
97618
10615
113396
117310
102924
9242
287392
1772992
Delaware
472029
8688
62305
161357
60401
5
1690335
20577
632113
1693314
Dickinson
15770
29850
11961
114625
5701
71728
50
56150
25822
3183
44455
2103
37282
15334
Dallas
132135
57765
29256
445818
7
186
57652
2484898
9937
335124
1502047
Emmet
9989
25596
3911
1510
2197
14273
3211
15244
Floyd
8387
1519
147098
32130
110708
62067
941439
26162
642448
15461
497729
1367377
Fayette.
179504
98156
133758
60779
863670
46
968
37091
1296480
20770
704407
1503127
Franklin
69859
43046
65590
31096 1
455909
24066
158983
9532
328679
777106
Fremont
115907
198832
103039
13229
206901
841
1703985
5419
1៛9645
1046066
Grundy
146059
47926
135108
976607
16625
73845
52323
67384
40175
1482582
11786
59340
19391
257760
783027
4227
401948
Green
49838
783037
1209-1S
1593977
620905
Guthrie
87259
47220
76892
27489
393574
22
44
360
38902
1669134
4145
153505
792461
Hardin
129831
39930
97:65
38464
497251
41304
1379961
10982
356915
1066627
Humboldt
29114
36906
27013
61871
12046
20902
9998
9916
297381
3974
90944
200001
Howard.
115823
171048
36115
582803
307912
10210
340268
731409
Harrison
94848
33:451
72287
28948
143701
84
1200
44720
1620192
3462
69140
Hancock
10462
341615
9005
4889
70006
2067
20441
57899
786677
1353
48816
89405
Hamilton
63966
39935
52030
20676
294682
670731
5108
168262
52762
Henry
182080
50219
110831
15026
180220
9041
113203
62672
2415670
13393
$58221
1765670
Ida
7292
9194
6514
3109
48815
Iowa .
191011
89357
158488
48410
670247
36
1080
2301
€2518
108465
2713830
455
14060
11756
31901
7482211
2005049
Jackson
193290
142401
142401
43515
550000
491
7942
53963
1665518
Johnson
241021
71257
193019
45306
666779
100
1274
77142
3158178
23652
521156
100217
17760
522197
1750091
Jasper
278881
179752
216949
79926
1107170
4525859
15267
532239
2447875
2916838
Jones.
208907
63298
1440684
36090
462478
S1
409
65423
1909534
18260
464824
1696416
Jefferson
167399
66979
208125
125590
16237
33278
164904
6192
368528
66739
1695510
14003
.146129
1530140.
Keokuk
98999
149672
148
1363
55061
75697
3327292
15582
447603
1919728
Kossuth.
31550
48793
28835
10798
13139
1-10
200407
9781
119777
5143
21857
105306
Lee ..
193832
78692
10851
72624
15100
59563
2190306
11817
279069
1631518
Lucas.
108952
59757
133580
13954
31
329
1902530
12665
31.164
1030554
Lyon.
15872
281118
318811
88857
12766
153587
76742
54
47022
8132
2645
10396
8477
13789
82651
Linn ..
62619
175655
52178
656597
12
160
91773
3139923
22670
585648
Louisa.
151007
52922
100066
19764
189939
1388
16267
19642
2181658
6792
70176
175755
2590052
411961
512662
1665739
Mitehel1.
126381
91133
65531
1083811
11274
14018
1591878
Mahaska
232398
122190
150368
31362
895532
205
2697
83725
8768209
16646
496218
2195785
Marion.
199669
82779
141512
53001
153214
99537
45136
529663
8835063
10937
335746
2181346
312961
189
2212
81630
Mills
2-1385
32
543
595-13
1533976
6528
2953630
8743
232639
295103
1003509
Madison
161998
188709
137979
628314
25
481
69191
1709030
Monroe
102215
78206
91,30
31353
11638
101413
263
5544
45575
1739916
11512
241081
938362
Marshall
22375
4.552
117303
69395
1125382
21
200
6,699
2808256
12611
4652 15
2368278
Monona.
52242
56278
39811
21577
818388
2301
66475
447665
Muscatine.
178945
104633
48-321
15:31
182811
50607
129699
32375
416111
63
629
54760
1715973
13287
405562
1717906
Montgomery
O'Brien
33626
32070
86 26
8
5322
201635
1072127
26:31
1381
551539
166
39251
1441467
14904
157526
6379
106052
3107
53931
191542
Osceola.
18190
31 106
2510
1390
26829
69581
Polk
207689
14651
17279
56811
8769
71757
21928
85572
140150
37686
563389
21
394
$1197
3272010
229263
12188
431841
2140023
Pochahontas ...
19219
7431
80171
8981
2541
40194
112666
Pottawattonic
124630
419489
90679
33369
475
47258
1750033
5278
168081
1252629
Powesheik
208989
48697
171588
598971
63
762826
85718
8571105
11416
333565
2893022
Page
156782
58233
175171
5.312
115181
Plymouth
22689
2239043
9758
346507
1293463
51912
41379
355792
33G29
442736
1220
20235
71386
10
4161
120137
18517
16679
160
10097
434123
Palo Alto.
32225
8606
23208
325
1762
6611
175778
142957
2979
40859
96616
Ringgold.
18100
58929
503731
10026
78851
125
35613
1145937
2226346
9118
255007
1115782
Scott
235515
19123
185712
43874
47698
26658
762315
40
618
59071
15915
528868
3041873
Story ..
149649
99357
112:3
1033713
53180
39326
22020
330S97
8
51273
1783477
343265
Shelby
47230
817944
20
17671
689556
2251
₸1676
573026
Sioux ..
89821
361391
33515
2299G
251286
82038
4591
15096
Sac ..
21179
8035
166980
81336
47201
279716
6599
238880
Taylor.
102861
235515
79112
11056
110091
8662
255182
90222
214941
15116
206813
241
10
3068
48260
1419680
8718
269657
908-176
Tama ..
9:013
143,807
73251
2812859
13574
384469
2316-105
Union
57005
33216
-15826
99528
10556
141188
53
960
24063
1130930
6127
187748
624260
Van Buren
1536:4
113263
֏155
5880S
10929
121854
50211
1823622
12506
353698
1439586
Wayne ..
147766
66795
117689
10375
76346
1236
65625
2405187
13242
367396
1361376
Warren ..
Winnesheik
191265
161178
153737
42175
216140
131670
259169
65 1679
143
61
80280
2208392
112175
910
27185
3561363
8391
281510
1813165
977316
24307
8216508
2265252
Woodbury
41179
57097
33037
15:43
218475
14617
490371
3072
91647
298209
Worth.
45927
45957
32151
23092
410187
9530
122291
4445
161557
396506
Washington
Webster.
225176
97208
55652
157584
41616
469879
1439
1-1193
73265
2832211
15701
453320
2035264
61711
70010
30351
391051
5
917911
7.191
7333 12
Winnebago.
162281
11
270
207493
17589
306 25
12121
28713
8939
1374
52425
1327
45109
140219
Wright
35516
323ST
28937
13629
196166
10089
281821
4131
135176
288685
Wapello.
150203
63491
135173
17368
151535
1617
16159
57035
2143791
11570
293590
1455319
Totale,
:2627850 8110435 93549031 36907111 42660731
69188
759077
4700176 1362845421 982994
29144352 $131535717
HISTORY OF DES MOINES COUNTY.
INDIAN OCCUPANCY.
The Indian history of this region is interesting, principally because of the pres- ence here of two of the most noted characters of modern tribes. The nature of this work precludes the introduction of an exhaustive treatise on the rise and decline of the Indian races of this region, and enables us merely to gather from reli- able sources the fragments of incident, anecdote and analysis which have floated loosely about for years. In fact, our province is purely that of a com- piler. but sufficient care has been taken with the work to make it valuable in the generations which are to follow. The actual historian who shall investigate the ample field of aboriginal existence, may peruse these pages with a feeling of security in their correctness, if the associates of Keokuk and Black Hawk them- selves are to be believed ; for much of the information here preserved, was obtained in direct line of recital, either to the writer or to the party duly accredited with the extract.
There still live many persons who witnessed the strange sight of a remnant of a race of men departing forever from their early homes, and such will, doubtless, be disposed to sneer at the pen which finds a source of melancholy in the contemplation of this event. But worthy hands have written lines of living power upon the theme; nor can the harsh character of fact denude the subject of a glamour which poetry and romance have cast around the dusky victim and his fate. There is a grandeur in the record of the race which the stern force of truth is powerless to dispel.
Human improvement, rushing through civilization, crushes in its march all who cannot grapple to its car. This law is as inexorable as fate. "You colo- nize the land of the savage with the Anglo-Saxon," says Stephen Montague, "yon civilize that portion of the earth ; but is the savage civilized ? He is exterminated ! You accumulate machinery, you increase the total of wealth, but what becomes of the labor you displace ? One generation is sacrificed to the next. You diffuse knowledge, and the world seems to grow brighter; but Discontent at Poverty replaces Ignorance happy with its crust. Every improve- ment, every advancement of civilization, injures some to benefit others, and either cherishes the want of to-day or prepares the revolution of to-morrow."
That portion of Iowa which now claims Burlington as its metropolis, was once the home of the Sac and Fox tribes of Indians. From a little work enti- tled " Sketches of Iowa," prepared in 1841 by John B. Newhall, of Burling- ton, the following summary of their general character is taken.
" The Sacs and Foxes have been among the most powerful and warlike tribes of the Northwest. History finds them fighting their way from the shores of the northern lakes, gradually, toward the Mississippi, sometimes warring with the Winnebagoes, and at other times with the Chippewas, often instigated by the
324
HISTORY OF DES MOINES COUNTY.
French. At an early period. they inhabited the region of country bordering upon the Wisconsin River, and planted large quantities of corn. The whole history of their wars and migrations shows them to have been a restless and spirited people, a people erratic in their pursuits, having a great contempt for agriculture and a predominant passion for war. By these ruling traits, they have been constantly changing, suffering and diminishing. Still, they retain their ancient chivalry, ever ready for war, regardless of the superiority of their foes. Thus, at the present time (1841) four or five hundred of their warriors are out to fight the Sioux of the North. with whom there exists a most deadly hos- tility, originating from old feuds, the origin of which they scarcely know them- selves. Their numbers, of late years, have been somewhat augmented by the policy they have pursued of adopting their prisoners of war and receiving seceders from other tribes, and at the present time they number about seven thousand souls.
" The Sacs and Foxes speak the Algonquin language. This language is still spoken by the Chippewas, Pottawatomies. Ottawas and several other tribes. It is soft and musical in comparison with the harsh, guttural Narcoutah of the Sioux, which is peculiar to themselves, having but little affinity to the Algon- quin tongue. Their ideas of futurity are somewhat vague and indefinite. They believe in the existence of a Supreme Manitou, or good spirit, and a Malcha Manitou, or evil spirit. They often invoke the favor of the good Manitou for success in war and the hunt, by various sacrifices and offerings. Storm and thunder they view as manifestations of His wrath ; and success in war, the hunt or in the deliverance from enemies, of His favor and love. Everything of great power or efficiency, or what is inexplicable, is a 'great medicine,' and the med- icine-men and prophets are next in consideration to chiefs. At the decease of their friends, they paint their faces black, and the time of mourning is gov- erned by the affinity of the kindred. Their ideas of the condition of departed spirits and the ceremony of burial may be deemed interesting. Often, in per- ambulating their deserted villages, has my attention been arrested, in gazing through the bleached and mutilated slabs made to protect the moldering dust of a noted chief or 'brave,' who is frequently placed in a sitting posture, his gun and his war-club placed by his side, moccasins upon his feet, his blanket (or the remnants thereof) wrapped about his body, his beads and wampum sus- pended to his neck, where he sits 'like a warrior taking his rest,' in the silent sleep of death.
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