USA > Iowa > Henry County > The history of Henry county, Iowa, containing a history of the county, its cities, towns, &c. > Part 35
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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, spirituous 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 ale, 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 made 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
Acres
Spring Wheat.
Oats.
Value of
Acres
Acres
Winter Wheat.
Indian Coro.
under
Products
COUNTIES.
of Im-
Union-
Culti-
No. of
No. of
No. of
No. of
No. of
No. of
No. of
of Farm
proved
proved
No. of
Laod.
vatioa
Acres.
Bushela
in
Laod.
io 1874.
Acres.
Bushels
Harv'i'd
Harv't'd
Acres.
Bushels
Harv't'd
Acrea.
Buahels
Harv't'd
Dollars.
Appanoose.
161059
161083
125188
9606
77789
1049
10838
2395243
Alamakee.
134767
156821
109388
61880
937639
181
1964
64871
24325
905920
13756
12776
887846
442829
$1611937
Auduboa ..
21146
29819
15986
6876
89235
10
97
9225
394655
788
93293
1415769
184158.
Adams
65459
43735
5435:2
17947
281376
7
174
25474
969777
8951
141293
695818.
Adair
83182
33118
55680
66265
27550
435014
9500
30860
1402428
4455
159739
828171
Buena Vista .
37034
27010
15514
162737
7888
228231
2791
67069
207828
Beotoo.
297518
53911
239408
99406
1348566
7
280
83244
46151
3328921
1595752
15490
10401
445070
2664995-
Boone.
156987
71810
108642
32505
429257
11
84
404620
1018453
Buticr.
149498
58908
124877
57907
779167
20
700
88685
1270878
28754
1026641
13827
421719
14259
518571
1209785
Bremer
145967
47001
104810
48878
644795
1144620.
Black Hawk
213025
150881
181256
89361
1108024
56592
1939590
1811250
16804
538196
1898424
Buchanan
19056
71418
157240
64291
812342
48831
17431
556209
2615949
Clay
37059
39919
93375
17481
31693
153159
8797
180120
4486
54638
28974
45412
401507
9459
315215
3545
98766
115595
129348.
Cherokee
35019
Cass
110864
45304
92785
40123
676209
40582
1901062
9079
176281
1284899
Crawford
58058
283414
15262
21000
824894
17957
648658
2902
99158
Cedar
248869
41417
166485
40467
640544
26
295
78224
9512
2845921
265448
20243
7199
675837
489857
2606149.
Cerro Gordo.
52980
48648
28199
228097
591617
Claytoo
212291
809895
151908
178622
86888
415468
1305125
1347
21030
87948
1471263
20024
669895
2081793
Clinton
299855
68683
1010345
12
89297
3061388
23704
702059
Chickasaw
96504
57337
428
3049019
94772
74104
89159
40162
643519
9
63
16821
514279
11744
446300
Carroll
58065
909744
26756
340161
894656
3
20
16014
550041
3238
107577
451365
Clarke.
98694
50487
78803
17968
217090
7
55
89066
1580260
12337
367649
7054987
Calhoua.
26996
26618
11040
109681
.10
150
10656
351120
2993
73182
221613
Davis
150938
116003
131597
5378
80993
5979
56405
62127
2115569
13643
345707
Decatur
115751
95275
8211
77169
817
12239
50484
1768140
10555
344551
1608090
1024541
Dubuque.
187831
87172
98561
146244
49240
67118
1702391
25115
649322
Des Moines.
143665
58165
97518
10615
684185
84
1720
113396
8688
117310
102924
2307938
9242
287392
1686182
1772992
Delaware.
472029
62305
161357
60401
71728
5
20577
682118
1698814
Dickinaoa.
15770
50
56150
1690335
29850
11961
5701
25822
3183
44455
2484898
2403
9937
87282
385124
45834
Dalla's
132135
57765
114625
8987
29256
445848
7
186
57652
9989
3911
1510
2197
14273
1502047
Emmet
25586
1549
3241
15244
Floyd.
147098
32180
110708
62067
941439
26462
642448
1296480
15461
20770
487729
968
704407
1967877
Fayette.
179504
98156
133758
60779
863670
46
87091
Frankliu
69859
43046
65590
103039
31096
1503127
18229
455909
24066
9582
328679
Fremont
115997
198982
206901
976607
841
16625
78845
758983
777106
5419
Grundy
146039
47926
135108
67384
40175
1708985
1482582
11786
179645
401948
1046068.
Greea
599-10
49838
52829
783027
27489
783037
42:27
76892
19391
257760
398574
2
22
44
360
38902
1669184
4145
120948
1593977
Guthrie
47220
153505
620905
87259
792461
Hardio
128931
39930
97765
88454
497251
41304
1379961
10982
356945
1066627
Humboldt
29114
27018
Howard.
36906
12016
171048
20902
9998
297881
3974
90944
200001
115823
61871
Harrisou.
94848
887451
86115
72287
23948
582803|
143701
84
9916
807912
10210
340268
1200
784409
10162
44720
1620192
8462
70006
2067
57899
69140
48816
786877
Hancock
341615
9005
4889
1958
89405
Hamilton
63966
39935
Heory
182080
52050
20676
294682
7292
50219
110831
15026
180220
9041
113203
20141
670731
2415670
5108
168262
358221
52762
9494
62672
13398
1765670
Ida
191041
6514
3108
89357
48815
Iowa
193290
158488
142101
48410
43515
670247
2301
108465
2713830
455
11758
14060
7482211
96
Jackson
241021
142401
193019
550000
666779
491
1080
€2518
7942
1655518
23652
819071
2005049
71257
53962
521156
1750091
Johnson
Jasper
278881
45306
208907
179752
63298
216949
79926
86090
1107170
100
1274
77142
3158178
140684
. 462478
100217
4525889
17760
522197
582239
2447875
Jones,
409
65123
1909534
15267
2916898
Jefferaoo
167389
66919
125590
16237
164904
31
6192
66739
1695510
18260
464824
1896416
Keokuk
208125
868528
55051
14005
445128
1580140
Kossuth
$1550
98999
149672
83278
48193
28835
10798
18189
148
1863
75697
8327282
15582
140
447603
1919728
Lee ...
183832
133580
10851
72624
15100
200107
9781
119777
2190806
6148
27857
279069
105808.
78692
Lucas,
108952
59757
88857
19954
153587
31
3:29
59868
Lyon.,
15872
318841
12766
8182
47022
54
1902530
11817
12665
342164
1681518
1080554
Liun ..
281118
62649
175655
52178
75742
656597
2645
Louisa.
151007
52922
100066
12
19764
189939
160
16257
91778
10396
3489923
$477
22670
13789
585648
82651
259005%
Mitchell.
126384
70176
1088811
1388
2184658
Mahaska
232398
122490
94189
150368
65534
49642
895532
11274
205
83775
411961
6792
175755
1665799
Marioa
199669
82779
153214
84862
45136
2697
2212
84630
3768209|
14078
542662
141512
53504
99837
24385
529663
8835063
16646
496248
1591878
Milla
189
10997
335748
2195785
2181948
Madison
Monroe
161998
188709
102215
78206
137979
842961
59543
232539
1008509
91730
628314
$2
97553
1588976
25
643
6528
11638
101413
263
484
69194
45575
2953630
1738916
8748
285108
1709080.
Marshall
223735
47552
117303
69995
1125882
21
6534
Monoua.
52212
56278
39844
15334
183811
200
67699
2808256
11612
241081
465245
988962
18611
2368278
Muscatine.
178945
48332
129699
32375
416471
629
21577
54760
818388
1715978
2904
66475
447665
Montgomery.
104633
50607
86926
1981
551589
63
188
99251
1441467
19287
405562
1747908-
O'Brien
Osceola.
33526
18490
82070
26134
14904
8
31408
14651
8769
157526
74757
6879
106052
5322
201685
1072127
3107
58981
191542
Polk
Pochahootas.
207689
21928
56841
140450
85572
19219
97686
563389
2510
17279
21
394
3272010
1390
77497
26829
69581
Pottawattomnie
124680
419489
90G+9
7431
83369
90774
688971
475
8981
229263
12188
431841
2140028
Powesheik
208989
48697
171589
57312
762826
63
47258
1750088
2541
40494
112666
5278
168081
1252629
Page ...
Plymouth
156182
175471
115484
22089
855792
1220
20235
86748
71386
3571105
2289048
11416
939565
2393022
9758
346507
1293468
Palo Alto
58238
18517
51912
32225
44379
16679
83528
8606
442736
10
23208
150
10097
925
175778
6641
142957
4161
120137
484128.
Ringgold
Scott
18400
235515
68829
19123
60878
10926
78851
125
1762
85618
1145987
2979
46859
96616
Story
148649
43974
185742
99387
47698
25558
762315
390897
40
618
20
69071
2226346
9118
15915
255007
628868
1115782
3041878
Shelby
Sloux.
63180
47290
817944
61273
1789477
99324
99326
93515
22029
8
17674
348265
967394
689556
11273
2254
1088748
71676
678026
Sac ...
Taylor
81336
102861
4+201
235515
24179
2299G
11056
251286
110094
6780
82088
10
45096
8562
279716
4591
8085
6599
186980
288880
Tama.
Ualon
255182
90222
791.12
21.1941
15446
97013
205813
1487807
244
8068
48260
73251
1419680
2842859
8718
269657
908476
Van Burco.
57005
33216
45826
10586
141188
53
960
24068
18574
884469
2816405
1190990
6127
187748
624200
Wayne ..
153674
147766
99528
66795
118269
117689
7455
58808
10928
121854
60211
1828622
12596
858698
1489586
Warren ..
Wiunesheik
194265
246140
167178
191670
158787
10375
76346
143
250469
42175
112175
654679
1818465
61
1236
2405187
910
65525
80280
13242
367896
27185
3561865
977916
8391
281810
1861978
Woodbury
44179
57097
83097
15219
218875
14647
24907
8216508
2208392
2265252
Worth.
Washington
48927
225178
45957
490971
3072
91647
298209
Webster.
97238
55652
32157
410487
61744
157884
29092
14193
8580
70910
41646
30554
469879
Winnebago.
991051
1489
78265
122291
2892241
4445
396506
28713
917911
15701
181557
453320
2085264
17389
80625
12421
8939
5
Wright
95516
32387
28957
13629
162281
196166
11
270
1374
7491
207498
62425
783942
Wapello.
10089
281821
1827
45109
150209
63.191
17368
157585
16159
413.1
185178
140219
185178
288685
Totals.
1617
57035
2148791
11570
298590
1455819
12627850 8410435
93549051 9690711
42669731
69188
759277
4700176 186284542
982994
29144352 $131536747
MIPLEASANT
1
HISTORY OF HENRY COUNTY.
GEOLOGY.
During the years 1853-56, the State authorized an exhaustive geological survey of Iowa, under the direction of Prof. Hall. From that volume, which is every way reliable, the following description of Henry County is literally copied :
"Henry County lies immediately north of Lee, and is bounded on the east by Des Moines and Louisa Counties, on the north by Louisa and Washington, on the west by Jefferson and Van Buren, and on the south by Lee. It has an area of twelve townships, or 432 square miles, and is well-watered by Skunk River and its tributaries.
"Skunk River enters the county near the northwest corner, and, after winding along its western borders for about ten miles, trends off in a south- easterly direction, passing out of the county near the southeast corner. The principal tributaries of Skunk River in this county are Cedar and Big Creeks. The former enters it from the west, near the northwest corner of Salem Town- ship, and, after a winding course of a few miles, turns due north and empties into Skunk River just below Rome. Big Creek rises in the eastern part of New London Township, and runs northwesterly through New London and Marion Townships, and then turns sonth, and finally southeast, emptying into Skunk River about two and a half miles above Lowell.
"Water-power is abundant on these streams, especially on Skunk River, which affords good mill-sites at intervals of five to six miles throughout its extent in this county. Heavy bodies of timber are found on these streams and their tributaries, affording an abundant supply to the whole county. Black and white oak and hickory are the principal growth upon the uplands; while along the streams may be found black and white walnut, red, and .burr, and pin oak, linden, hackberry, white and sugar maple, hickory, elm, ash, honey- locust, sycamore and cottonwood.
"The following section exhibits the geological formations outcropping in this county :
Alluvium.
60 to 80 feet.
·Drift
Coal measures. 40 to 50 feet.
Concretionary limestone. .30 to 40 feet.
Geode bed. 30 feet.
Keokuk limestone
30 to 40 feet.
Crinoidal limestone.
10 feet.
ALLUVIUM.
"The only deposits of alluvial bottoms in this county are found on Skunk River, which is skirted by a narrow belt on both sides, seldom exceeding a mile in width. These bottom-lands sustain a magnificent growth of timber,
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HISTORY OF HENRY COUNTY.
and, when cleared and brought under cultivation, are among the most product- ive in the country. The soil is usually a deep, black, sandy loam, admirably adapted to the growth of corn, sweet potatoes, and all other products requiring a dry and warm soil. Fruit of all kinds may be raised either on the bottoms. or bluff lands, with more certainty of annual crops than on the prairies.
DRIFT.
"Overlying the mountain limestone and coal-measures throughout the county, we find a heavy deposit of drift material, consisting of clay, sand and gravel, with bowlders of quartz, granite, gneiss, hornblende, porphyry and sienite, as well as limestone, and containing also bits of coal and slate derived from the breaking-up of the coal-measures over which the Drift agencies have passed. The appearance of these bits of coal in the beds of streams leads many persons unacquainted with the circumstances under which the Drift for- mation has been deposited, to suppose that a coal-seam must necessarily exist wherever such fragments appear ; but a careful study of this deposit, and the circumstances under which it was formed, will soon produce the conviction that no coal-seam or other extensive deposit of mineral wealth can reasonably be looked for in it.
"Native gold has been obtained from the gravel-beds of this deposit in Indiana, and may, perhaps, be found in Iowa or Illinois, but in quantities too small to repay the labor of washing. Fragments of galena and native copper are likewise found in the drift. Beds of sand and clay are abundant in the drift almost everywhere, and furnish an inexhaustible supply for the manufact- ure of brick; and wells of good water may be obtained from it on the prairies and uplands, by digging from twenty to forty feet deep. Where the prairies are quite rolling, good springs, occasionally occur, issuing from the sandy por- tions of this deposit where they rest upon the clay-beds beneath.
COAL-MEASURES.
" Several outlines of coal occur in Henry County, on the east side of Skunk River and Cedar Creek ; but none of them have as yet yielded a profitable coal- seam, nor is it probable they ever will. North of Salem, and between Skunk River and Cedar Creek, a deposit of coal occurs, extending about five miles from north to south, with an average width of about three miles. This has, as yet, only afforded a seam of indifferent coal, from sixteen to twenty-four inches thick ; it, however, affords considerable deposits of potter's clay, some of which are likely to prove of value. A deposit of this kind was observed near True- blood, and Hyatt's Mill, on Section 28, in Tippecanoe Township; it was exposed in some old coal-diggings, and was from four to five feet thick. A heavy bed of bituminous slate overlies the coal in this vicinity, and sometimes takes its place entirely. This slate has been designated cannel coal by some parties, and has given rise to expectations of an abundant supply of mineral fuel that will not be realized. The outlier is entirely surrounded by the out- croppings of the underlying limestone, which is exposed everywhere along the bluffs of Skunk River and Cedar Creek, and underlies all the coal-deposits in Southern Iowa.
"On the east side of Big Creek, in Centre Township, on Section 26, an out- lier of coal occurs in a depression or basin in the concretionary limestone, which outcrops within fifty yards of the coal-diggings, and apparently at a higher level. It has yielded no coal of any value, and the diggings are now abandoned. The outlier of coal which occurs in Danville Township, in Des Moines County,
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325
HISTORY OF HENRY COUNTY.
also extends into the edge of Baltimore Township, in this county; but it is only valuable for the deposit of potter's clay which it affords. On the west side of Skunk River, above the mouth of Cedar Creek, coal occurs under more favorable circumstances, and in a seam averaging two and a half to three feet in thickness. This seems to be an extension of what may be termed the Fair- field basin, which is supposed to occupy the greater portion of Jefferson County.
" At Crawford's Mill, on Skunk River, six miles below Deedsville, coal out- crops in the river bluffs in connection with a bed of shaly clay and iron ore. At this point, Messrs. Eaton, Allen & Co., have sunk a shaft some fifty feet in search of coal, commencing on the west bank of the river, immediately above the concretionary limestone, and passing entirely through that bed into the shaly clays of the geode bed beneath. As, on reaching the limestone, they are below all coal-deposits, the farther they penetrate in that direction the more remote is the prospect of finding a workable seam. It is quite probable that a coal-seam may be found at this point, between the one already opened and the limestone below ; and if the shaft had been commenced at or near the top of the bluff, and carried down to the upper surface of the limestone, the question would have been definitely settled as to the amount of coal to be found at this point.
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