The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, Part 60

Author: Union Historical Company, Des Moines, pub
Publication date: 1880
Publisher: Des Moines, Iowa : Union Historical Co.
Number of Pages: 1074

USA > Iowa > Polk County > The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men > Part 60

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Another incident occurred while holding court at Homer. Two gentle- men residing at Fort Dodge had occasion to visit a saw mill three miles south of Homer at which latter place they stopped for dinner. Court had not yet adjourned and they concluded to drop down and take a look at Judge McFarland's court. They stood in the opening left for a door gaz- ing at judge, bar and jury when the judge about "half seas over " raised his head and spied them. Although in the midst of a trial he abruptly stopped proceedings and announced:

" I behold two candidates for admission to this honorable bar, and appoint as committee to examine them, Timber Woods, Berkley and B. Gentlemen, retire and examine the candidates."

The committee retired with the candidates to the west side of the house, and, having a due appreciation of their duties under the circumstances, and the qualifications of candidates to this honorable bar, drew a pint flask filled with " forty rod" and passed it to the candidates, who displayed singular skill in digesting this statute. After three several attempts to reach the bottom of the case the committee announced its readiness to report, which report was made to the court in the most admirable manner by "Old Tim- ber," assuring the court that the committee had discharged its duty faith- fully, and he was proud to announce that the candidates had passed a cred- itable examination, and were entirely competent to become members of the honorable bar. After administering the oath to the candidates the court ordered adjournment for drinks and lunch.

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

474

HISTORY OF POLK COUNTY.

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 jurisdiction I give way."

On one occasion, when the Judge was on his way up to the seat of justice of Boone county, he stopped at a wayside tavern for dinner, and while en- joying the hospitalities of the house, the Sheriff of Webster county, on his way to Des Moines, stopped at the same tavern, having in charge a horse thief whom the officer was taking to the latter place for safe confinement till the next term of court. The Judge immediately inquired of the Sher- iff whom his prisoner was and the nature of his offense. Upon learning that his offense was unquestionable he called the prisoner to him and thus addressed him:

"I, sir, am Judge McFarland; you are a horse thief; confess your guilt and I will sentence you to the penitentiary for one year; refuse to confess, and I will immediately have a grand jury summoned to indict and a petit jury to convict you; then I will send you up for ten years."

It is said that the horse thief confessed and was then and there sentenced to one year's imprisonment at Fort Madison, which term of sentence he actually served at the State penitentiary.

One of the first papers started at the seat of justice of Boone county was the Democrat. The proprietor was T. W. Dennison, an attorney of that place.

In those days it was a very common practice for the people to subscribe money to aid in the establishment of papers about to be founded in the community. When this paper was started by Dennison, Judge McFarland subscribed fifty dollars toward raising a subsidy. The Judge did not pay his subscription, and after the paper was removed from the county Denni- son brought suit against him for the amount of his subscription. In way of defense the Judge claimed that the money was subscribed to aid in the establishment of a Democratic paper, and that Dennison had totally failed to carry out his part of the contract; that he had not advocated pure De- mocracy according as laid down in the Cincinnati platform; that he had not vindicated the party in regard to the Kansas and Nebraska act, nor de- fended the Supreme Court in its decision of the Dred Scott case; that the policy of said paper was not of a character to consolidate the universal Dem- ocratic party upon the acquisition of Cuba and South America, and the gen- eral spread and elevation of the American eagle.

To this answer the plaintiff filed the following demurrer on the grounds that:

" Said count does not show that the Democratic party ever had any prin- ciples, or what those principles were, or whether or not they existed at the time of contract.

" It does not show that the said constitution and Cincinnati platform

475

HISTORY OF POLK COUNTY.

were sufficient to support said supposed principles of said supposed party.

"It does not sufficiently state what the action of the Democratic party was or was expected to be in regard to the Kansas act at the time of sign- ing the contract.

"It does not charge that the said plaintiff promised that he would sup- port the Supreme Court decision in the Dred Scott case, or that the prin- ciples of said decision were ever comprehended by defendant, or that de- fendant had any interest in the propagation of slavery as advocated by said court.

"The said answer does not show that the said universal Democratic party was ever split upon the acquisition of Cuba, or the general elevation and spread of the American eagle.

" It does not show wherein said paper has failed, or defendant suffered damage by reason of being at any loss to know what said principles were through the negligence of plaintiff, or that there ever was one prin- ciple of said party sufficiently large to be fully comprehended by said de- fendant."

The case was finally settled by McFarland paying the costs of the suit.

Boonesboro was a favorite resort for Polk county lawyers during the ses- sions of court there. Two causes conspired to take Polk county attorneys to Boonesboro; first, Boone county was a part of Polk until 1849, and all legal business from Boone county was transacted at Fort Des Moines till the fall of 1851; the second reason was that a large portion of Polk county, as well as a large part of Boone belonged to the river grant, and the ques- tions growing out of this grant, which occupied a greater part of the time of the courts in early days, applied alike to both counties. The old log court-house at Boonesboro was a very familiar place to many of the Polk county lawyers, and many scenes, amusing as well as pathetic, transpired inside its basswood log walls.

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 McFar- land, refer the mind back to this old log house.

D. O. Finch was the main dependence of the River Land Company in its frequent litigation with the people of upper Des Moines valley, and right valiantly did the shrewd Dan and his gallant partner contest the rights of their clients. In the long-continued and fierce conflicts which sprang up between the River Land Company and the settlers, these attor- neys more than once risked their lives in championing the cause of their employers. A very exciting affair, of the kind commonly known as the River Land Skirmish, created great excitement at the time, and is of suffi- cient interest yet to be reproduced.

The river land skirmish occurred in April, 1859. The causes that led to this war have been so often written that they are familiar to all, but for impartiality's sake they are now repeated.

In the winter of 1857, the people along the Des Moines river, north of Des Moines, almost unanimously petitioned the Legislature to abandon dam(n)ing the river (they wanted an outlet for their maple sugar), settle up

476

HISTORY OF POLK COUNTY.

some way with the company, and use the land to build a railroad "up and along the Des Moines river." The Legislature had lost faith in the slack water enterprise also, and granted the petitions. They gave nearly all the land to the company for the two half dams they had built. They allowed all the charges for outlay and expenses of the company, and paid them in land at one dollar and a quarter an acre, when it was said to be worth from tive to ten dollars per acre.

These two half dams cost the State a strip of land five miles wide, from the Mississippi river to Fort Dodge. The Hon. C. Beal, member of the house from Boone county, who had been the company's attorney here, dodged the vote. The people were unanimous in calling that settlement a down- right steal. It really looked so to them, and they. united in saying that if the company got the land they ought to take it unincumbered with timber, and all united to remove it. The best ethics of the times allowed a man to cut and take timber off the river lands. It is rather believed that the pul- pit encouraged it, because the preachers did it.

This region then presented a fine field for labor. Times were hard, and the timber harvest brought many adventurers from other counties to help remove the incumbrance. Such was the commercial stagnation here for a year or so that the only articles of commerce were timber and maple sugar. The market for these products was at Fort Des Moines. Timber was cut, hauled to the river and then floated in rafts to the new capital city to be used in its building boom. Many farmers took rafts of logs from their deeded land, and Boone county people waxed fat, and Fort Des Moines grew apace upon the timber trade which was indeed brisk.

But the chiefs of the River Company began to suspect that all was not right up that way. They wanted the timber left on their land. So they em- ployed sub-agents and detectives, who went up and down the river with a sort of secret brand, which they placed somewhere on every log and stick of hewed timber near the river all through the county. This brand was not observed by teamsters, raftsmen or owners, but when the raft pulled up at the Fort the entire raft would be replieved from them by the River Com- pany. No doubt these agents and detectives thought they were branding none but river land logs, but in that they erred, and branded many logs that came off deeded land. Raftsmen that had formerly come home over- land with a good supply of groceries, wet and dry, and full of fun, and jolly, began to come home despondent, and having a few new invectives for that d-d thief, the River Company. Men who owned these rafts abandoned them rather than go to law. So the sole branch of winter, spring and early summer industry was about to be cut off.

There is nothing that hurts a fellow so much as to interfere with his trade, and while this wholesale, reckless branding was wrong, and furnished a good cause for the war, the people thought these branders a nuisance, and that it was right to suppress them. A man by the name of Farr was the west side brander, and Warner the east side brander. One day Farr was found in the timber in Upper Yell township, and whipped awfully. He was tied to a tree, and three or four men had, in turn, worn out the " gads" on his bare back and shoulders, when he was let loose to take care of him- self. The same party proceeded to the river, and there saw Warner on a raft of logs on the other side of the river, then considerably swollen, busy with his branding iron. They opened fire on him with their rifles, and the

477

HISTORY OF POLK COUNTY.

balls whistled in such close proximity to his head that he forgot he was a lame man and hastily withdrew.

These terrified and abused men went to Des Moines that night and re- ported the outrages. Hon. D. O. Finch was the attorney of the company, and they at once raised a company of men to go up there and enforce the law and preserve order. They went up in force and well armed. Part of them bivouaced at Dr. Hull's tavern, three miles out, and part of them came into town. They were a match for anything.

The quartering of troops among the sires of 1776 was one of the causes that led to the revolution, and the presence of these armed men from Fort Des Moines did not in the least allay the excitement. Warrants were is- sued for several parties, and they were arrested. Among them was old man Phipps, one of the most peaceable and best disposed men in the county. The men who abused Farr and shot at Warner were all disguised, and Mr. Farr could not identify them; yet as soon as he saw the gray-haired old man he had Mr. Finch discharge him. In the meantime the people of the county began to come in. A bloody row seemed imminent, and would un- doubtedly have occurred but for the cool head and determined bravery of Sheriff William Holmes, who was day and night on the streets ming- ling with the crowds. The court was in session at the court-house, which was jammed and crammed full, and there were at least three hundred deadly weapons there in the possession of men who would have used them upon the slightest pretext.

An-eye witness of that scene describes it as the most perilous one he was ever permitted to see. During the evening the sheriff was so much occupied in watching the belligerents that he lost sight of the prisoner for a few minutes, and he disappeared. A suit growing out of this diffi- culty finally came up for trial in the Webster county court. The court- house at Fort Dodge was crowded to its utmost capacity, and the excite- ment was intense. The evidence was all in, and the attorneys had all spoken except Finch, who arose to speak shortly after dark. Just as the gentleman began his remarks the lights were suddenly blown out and Finch supposing that personal violence was intended, moved quietly to an- other part of the room and thereby escaped several blows which were in- tended for himself. He finally met some friends, who loaned him two pis- tols, and, with these in his hands, the room in the meantime having been relighted, he made his way back to the bar intent on finishing his speech. The justice, however, decided to adjourn court till the following week when Finch completed his speech and had the prisoners bound over. Upon returning to Des Moines, an attempt was made to assassinate Mr. Finch, which was frustrated by his bravery and strategy.

This stopped the log branding business and low water in the river for a year or so destroyed the timber trade south, and the people set to work to build upon and fence their lots and farms with timber so plen- tiful and cheap, but now the timber from the river land is all gone, and stumps and brush mark its lines so well that a stranger passing through the timber can point out where the river land tract begins and where it ends.

FINANCES OF THE COUNTY.

During the early history of the county, revenues were light, although the rate of taxation was very little if any less than at present. During the

478

HISTORY OF POLK COUNTY.

first four or five years the county expenses ranged from fifteen hundred to three thousand dollars. The books were not kept in a very systematic manner, and it is difficult now, even as it must have been then, to so far understand the system of book-keeping as to be able to determine accu- rately the exact condition of the county finances. This much we do know, that with the very limited resources at their command the persons whose duty it was to manage county affairs, kept the machinery in operation and no large debts were contracted.

The following disconnected facts will afford some idea of the taxes levied in early times, salaries of officials, county revenues, etc .:

In July, 1846, G. B. Clark was paid thirty dollars for assessing the en- tire county.

The first tax was levied in the year 1846. It consisted of fifty cents on every one hundred dollars, to use the language of the Commissioner's Clerk, for county purposes. A tax of three-fourths of a mill per cent for Terri- torial purposes, and a poll-tax of fifty cents on every male person over the age of 21 years. From a statement which was especially made at the time, it appears that the entire sum to the credit of the county from this levy amounted to $375.14.

In addition to this there were small sums derived from the resource of license, but the total revenues of the county during the first year did not amount to $500.

In 1847 the Commissioners made the second tax levy. It consisted of a tax of four mills to the dollar for county purposes. The Territory had in the meantime arisen to the dignity of a State, and in order to creditably maintain this dignity the State tax was raised from three-fourths of a mill per cent in 1846 to a two-mill tax in 1847.

Addison Michael was the first County Treasurer, and at the expiration of his term of office the Commissioners called him to a rigid account of his stewardship. The following is a copy of the record of said statement:

Ordered, That the board settle with Addison Michael, late Treasurer of Polk county, for the year ending 1846, whereupon it appears to the Board that on the 17th day of August, 1846, the said Michael became indebted to the county of Polk by receiving for collection the tax list of 1846, amounting to the sum of three hundred and seventy-five dollars and fourteen cents, and on the 7th day of January, 1847, the said Michael was credited with one hundred and fifty-six dollars and seven cents, and on the fourteenth day of April, 1847, with fifty-six dollars, and on the 5th day of October, 1847, with four dollars and fifty cents. On the 14th day of April, 1847, the said Michael was credited with two dollars and sixty-five cents settled with Auditor of State, and on this date, to-wit: the 6th day of October, 1847, the said Michael files in the office of the Clerk of the Board a list of delinquent taxpayers, the amount of tax unpaid on said list being one hundred and forty-four dollars and six cents. It is, therefore, ordered by the Board that the said Addi- son Michael be and hereby is credited with the said one hundred and forty-four dollars and six cents, and the clerk of the board is ordered to furnish the County Treasurer with the said list of delinquent taxpayers, and the said Treasurer is required forthwith to col- lect the taxes thereon.

It is further ordered, That the said Addison Michael be allowed the sum of ten dollars and ninety-six cents for services in collecting taxes.

After the county seat was located at Des Moines and town lots begun to be sold by the Commissioners there were considerable revenues derived from this source.

At the close of his term of office as agent for the county Lewis Whitten made a settlement with the County Commissioners from which we are able to form some idea of the extent of these transactions and the amount of

Peter Newcomer

481

HISTORY OF POLK COUNTY.

revenue derived from this source. In this settlement it appeared that Whitten had received from the sale of real estate and the collection of rents the sum of $540.19. It further appeared that he had in the mean- time canceled warrants to the amount of $539.22, thus leaving him in- debted to the county in the sum of ninety-seven cents.

The next record to which we shall allude, for the purpose of showing the financial condition of the county, is that of a settlement made in 1852. This record also gives some idea of the amount of salary paid to county officials in those days. The record is as follows:

" Quarterly accounting between B. Rice, County Judge; Samuel Gray, Treasurer and Recorder; Hoyt Sherman, administrator of the estate of F. G. Burbridge, deceased, late County Judge, and Hoyt Sherman, County Clerk.

"Now come the above named parties and present their exhibits of the amount of fees received by them respectively from the 6th of October, 1851, to the 3d of January, 1852, by which it appears that

F. G. Burbridge received. $ 7.60

1.00

B. Rice.

69.30

Samuel Gray.

Hoyt Sherman 110.35

Total amount $188.25

" Salary of F. G. Burbridge as County Judge from Oct. 6th to Nov. 23,. 1851, $22.50; salary of B. Rice from November, 1851, to January 5, 1852,. $84.40; salary of Samuel Gray from October 6, 1851, to January 5, 1852, $137.00; salary of Hoyt Sherman from October 6, 1851, to January 5, 1852, $137.00.

"Cash received by each officer in part pay for his services, is:

F. G. Burbridge $ 11.75

B. Rice . . ..

38.60

Samuel Gray.

68.95

Hoyt Sherman 68.95

Total. $188.25

" The balance still due them on salaries is as follows:

F. G. Burbridge. $ 13.75

B. Rice. .

45.80

Samuel Gray. 68.05

Hoyt Sherman 68.05

Total

$195.65

482

HISTORY OF POLK COUNTY.

" The following was the rate of taxation in 1856:

State

1} mills on $1 27

School

¿ mill «

Road

1 mill «

Poll

$.50 each male over 21 yrs.

Road tax

2.00

This levy was regarded at the time as very burdensome; it doubtless will seem to have been very light in modern times, when people are paying their three to four per cent tax.

The resources of the county at that time may be estimated from the fol- lowing table:

1849.

1850.

1851.

No. of polls.

635

739

856

Acres of land

49,135

109,573

144,781

Valuation .

$74,476 $381,463 $473,461

Value of town lots.

$ 3,430 $ 37,930

$ 81,122

Capital invested in merchandise

$14,755 $ 11,550 $ 20,729

Value of mills, carding machines, etc.

$ 3,304 $ 13,811 $ 12,000

No. horses over two years old .

747

1,115

988

Value

$27,327 $ 28,017 $ 42,176

No. cattle over two years old

1,725

2,111

2,445

Value

$19,568 $ 28,946

$ 30,717

No. of mules and asses over one year old.

No. of sheep six months old.

2,415

2,693

2,311

Value

$ 3,514 $

4,132 $

3,225

No. hogs over six months old.

4,553

4,720

3,813

Value

$ 4,873 $

4,761

5,971

No. pleasure carriages.

Value

$ 1,000 $

1,456 $

2,014

No. watches.

Value

$ 656 $

1,309 $

1,498

Value of gold and silver coin and bank notes

$ 3,937 $

5,961 $ 3,034

Value of claims or demands for money ..

$ 5,910 $ 18,502 $

15,405

Value of all other personal property over $100 ..

640 $

2,606'$

3,498

We now come to the statement of the financial condition of the county in modern times, and in doing so will produce the statistics for the years 1867, 1877 and 1879; we will also give some statistics from the neighbor- ing counties of Warren and Boone for the year 1879:

County

483

HISTORY OF POLK COUNTY.

1867.

Statement of accounts in General Fund with amount of warrants issued to each:

To county officers $ 7,825.62

To township officers

1,912.77

To District Court. 10,017.55

To jail expenses, boarding prisoners 1,774.05

To repair to court-house. 857.16

To stationery and printing.

2,820.73

To Board of Supervisors, pay, etc.

861.44

To paupers and insane .

814.64

To bounty on scalps.

250.80

To bridges and roads . 3.08

To Ezekiel Clark on judgment.

1,322.03

Total

$28,459.79

The amount of revenue collected during the year, with a statement for what fund collected, was as follows:

State fund

$19,182.29

County fund.

32,349.16

School fund

7,672.91

Court-house fund

7,672.91

District fund

75,247.28

Bridge fund.

7,672.92

Pauper fund

15,345.84

Road fund

2,361.59

1877.

Exhibit of general and special tax levies.

For State tax on the county valuation 2 mills.

For school tax on the county valuation. · 1 mill.

For county tax on the county valuation 4 mills.

For bridge tax on the county valuation 3

For pauper tax on the county valuation

1층

For insane tax on county valuation.

12 66

For city general tax on city valuation 10

For city water rents on city valuation

For city sinking fund on city valuation 2

For city sewer tax on city valuation 2

For city tax on valuation of Altoona. 5

For city tax on valuation of Polk City. 3

For special road tax on valuation of Madison tw'p 1 mill.

For special road tax on valuation of Douglas tw'p .. 66

For cemetery tax on valuation of Madison tw'p. 1 For library tax on valuation of Ind. District Park Avenue 3, Bloom- field township. 1

Also 50 cents poll tax and city poll tax.

For city bond interest on city valuation

484

HISTORY OF POLK COUNTY.

Revenue collected.

State fund

$ 22,743.03

State insane hospital fund.

3,917.63

County insane hospital fund

7,800.68

Bridge fund

34,611.64

Pauper fund

16,472.75

County fund

74,583.60

Road fund

8,689.59.

School fund

22,687.43

District school fund

129,634.67

1879.

Showing general and special tax levies.

For State tax on the county valuation 2 mills.

For school tax on the county valuation 1 mill.

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The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, Part 60

Author: Union Historical Company, Des Moines, pub Publication date: 1880 Publisher: Des Moines, Iowa : Union Historical Co. Number of Pages: 1074

Author: Union Historical Company, Des Moines, pub
Publication date: 1880
Publisher: Des Moines, Iowa : Union Historical Co.
Number of Pages: 1074