USA > Iowa > Van Buren County > The history of Van Buren County, Iowa, containing a history of the county, its cities, towns, &c, a biographical directory of citizens, war record of its volunteers in the late rebellion, general and local statistics history of the Northwest, history of Iowa &c > Part 35
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75
The society so incorporated may, annually or oftener, elect 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, 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 there of 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 clection 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
Acres
Acres
Spring Wheat.
Winter Wheat.
Indian Corn.
Oats.
Value of
Products
COUNTIES.
of 1m-
Unim-
under
proved
proved
Culti-
vation
No. of
No. of
Bushels
No. of
No. of
Bushels
No. of
No. of
Bushels
No. of
No. of
of Farm
Land.
Land.
Acres.
Bushels
in
in 1874.
Harv't'd
Acres.
Harv't'd
Acres.
Harv't'd!
Acres.
Harv't'd
Dollars.
Appanoose.
161059
161083
125188
9606
77789
1049
10838
64871
2385243
Alamakee.
134767
156821
109388
61880
937639
181
1964
24325
905920
13756
387346
442929
$1611937
394655
12776
1415769
Audubon.
21146
23819
15986
6876
89235
10
97
9225
33233
184153
Adams
65459
43735
54352
17947
83182
55680
66265
27550
281376
435014
7
174
25474
3951
141293
Adair
3500
30S60
1402428
4455
159739
695318
828171
Buena Vista .
33118
15514
162737
7888
228231
2791
67069
207828
297518
37034
27010
Benton ..
53911
239408
99 10G
1343666
7
280
83244
3328921
15190
445070
2664995.
Boone.
156037
71810
108642
32505
429257
11
84
46151
1595752
10101
404620
1018453
Butler.
149498
58908
124977
57907
779167
20
700
38685
1270378
13827
421719
1209785
Bremer
145967
213025
47001
104810
181256
48878
641795
28754
1026641
14259
518571
1144620
Black Hawk.
56592
19056
150881
89361
1939590
16804
538196
1898424
Buchanan ...
71418
157240
61291
1108024
812342
48831
1811250
17431
556209
2615949
Clay. .
3,059
39919
33375
17481
153159
8797
180120
4436
98766
123343
Cherokee
51638
28974
45412
31693
401507
9459
315215
1901062
3545
115595
176281
35019
Cass ...
110864
45301
40123
40582
Crawford
58038
283414
92785
676209
15262
21000
324894
17957
648658
9079
1284899
2902
99158
483357
Cedar
248869
Cerro Gordo ...
41417
166485
40467
640544
26
295
78224
2845921
675837
52950
309895
48648
28199
415463
9512
265443
20243
2606149
212291
21030
37948
1471263
$199
228097
591617
Clayton
151908
173622
86883
1305125
1347
20021
669895
2081793
Clinton
290855
57337
68683
1010345
12
428
89297
3061338
23704
702059
3049019
Chickasaw
96504
94772
74101
40162
643519
3
63
16821
514279
11744
446300
894656
Carroll
58065
309744
39159
26756
340161
3
20
16014
550041
3238
107577
Clarke
98694
26996
50487
78803
217090
1580260
26618
17968
39066
451365
7
55
Calhoun.
11040
109631
10
150
10656
351120
12337
367643
2993
73182
7054987
Davis
150338
116003
131597
5378
30993
5379
56405
62127
2115569
221613
1763140
13643
345707
1603090
Decatur
115151
87172
93275
8211
77169
817
12239
50484
10555
344551
1024541
Dubuque
187831
98561
8
1702391
643322
1636132
Des Moines.
146244
49240
634135
1720
67118
25115
143665
472029
58165
97618
10615
113396
8688
117310
102924
2307938
9242
287392
Delaware
1690535
1772992
20577
1693314
Dickinson
15770
62305
161357
60401
71728
5
50
56150
44455
632113
29850
11961
5701
25822
3183
2403
37282
45331
Dallas
132135
57765
114625
20256
445848
7
186
57652
2484898
9937
335124
1502047
Emmet
9989
25586
8387
3911
1510
2197
14273
1549
3241
15244
Floyd
147098
32130
110708
62067
941439
26462
6424-18
15461
497729
1367377
Fayette.
179504
98156
133758
60779
863670
46
968
37091
1296480
20770
704407
1503127
Franklin
69339
43046
65590
31096
455909
24066
758983
9532
328679
777106
Fremont
115907
198832
103039
13229
841
146039
135108
206901
Grundy
67384
16625
73845
1703985
5419
179645
47926
976607
40175
11786
783037
1482582
401948
1046066
257760
783027
1593977
Green
50010
49838
52323
19391
44
4227
120948
620905
Guthrie
87259
47220
76892
27489
393574
22
360
38902
1669134
4145
153505
792461
Hardin
128331
39930
97765
38464
497251
41304
1379961
10982
3569 15
1066627
Humboldt
29114
36906
27013
12016
20902
9998
297381
3971
115823
307912
90944
200001
Howard
10210
340268
734409
Harrison
94848
171048
337451
61871
72287
36115
582803
9916
23948
143701
84
1200
41720
1620192
3462
69140
786677
Hancock
10162
341615
9005
70006
2067
57899
1953
48816
89405
Hamilton
4889
63966
670731
5108
52762
Henry
182080
39935
20GT6
20441
168262
7292
50249
52050
294682
110831
15026
180220
9041
62672
2415670
13393
1765670
6514
113203
358221
Ida
9194
3109
48815
2301
108465
455
14060
7482211
Iowa .
191011
89357
158488
48410
670247
36
1080
€2518
2713830
1665518
11756
319071
2005049
Jackson
193230
142401
142101
43515
550000
491
7942
53962
23652
521156
1750091
Johnson
241021
71257
193019
45306
666779
100
1274
77142
3158178
4525899
17760
2447875
278891
522197
Jasper
15267
532239
2916838
Jones
208907
179752
1107170
100217
63298
216949
79926
140684
36090
462478
31
409
65423
1909534
18260
464824
Jefferson
167389
66979
16237
164904
66739
208125
125590
6192
55061
1695510
14005
446128
1896416
1530140
Keokuk.
99999
Kossuth
31550
149672
33278
368528
148
1363
75697
3327282
15582
447603
21857
1919:28
48793
29835
110
193832
78692
133.380
10798
13139
Lee
10351
72624
15100
200407
9781
59863
119777
2190306
5143
105306
11817
279069
1631518
Lucas
108952
59757
88837
13954
153587
31
829
47022
1902530
12665
342164
1030554
Lyon.
15872
54
2645
10396
3477
82651
Linn
281118
318S11
12766
8132
76742
13789
62649
175655
52178
650597
12
160
91773
3439923
22670
585648
2590052
Louisa.
151007
52922
100066
19,64
189939
13S8
16267
49642
2184658
6792
175755
1665739
Mitchell.
126384
70176
11274
411961
14078
542662
232398
94133
65534
1083811
122190
1591878
Mahaska
82779
150068
31362
395532
205
2697
83775
3768209
16646
496248
2195785
Marion
199669
153214
45136
529663
189
2212
84630
3835063
10937
335746
2181346
Mills
141512
53604
99837
24385
312961
137979
62S314
32
543
59513
1533976
6528
232639
161998
102215
188.09
484
2953630
1003509
Madison
78206
37553
25
69194
8743
295103
1709030
Monroe
91730
11638
101413
263
5594
45575
1738916
11512
241081
938362
Marshall
223735
47552
117303
69395
52242
56278
1125382
21
200
67699
2808256
2308278
Monona ..
81S339
13611
465245
39314
21577
2304
66475
447665
Muscatine.
178945
183811
104633
48-32
129699
15331
32375
416471
63
629
54760
1715973
13287
405562
1747906
Montgomery
50607
86026
1391
551539
39251
1441-167
5322
201635
1072127
O'Brien
33626
32070
26131
14904
166
157526
6379
106052
3107
53931
191542
Osceola.
18190
207689
31 106
14651
8769
74757
2510
17279
1390
26829
69581
Polk
56841
140150
37GS6
21
894
77497
3272010
12188
431841
2140023:
Pochahontas ...
21928
35572
124630
19219
7431
563389
30774
8981
229263
2511
40494
112666
Pottawattomie
90679
33369
208989
419489
589971
63
475
47253
1750038
5278
168081
1252629
Powesheik
48697
156782
171589
57312
762826
85748
3571105
11416
333565
2393022
Page ..
175471
22659
355792
1220
20235
2239043
9758
346507
1293-163
Plymouth.
58233
51912
115184
41379
71386
3362S
442736
10
160
10097
175778
4161
120437
434123
Palo Alto.
18317
32225
16679
860G
23208
325
2079
96616
Ringgold.
18100
58329
50.373
10026
78851
125
1762
6641
142057
4€859
35613
1145937
9118
255007
1115782
Scott
235515
19123
47699
59071
2226346
15915
3041873
Story .
43974
1857-12
762315
40
618
528868
145649
99337
26653
330897
8
20
51273
1783477
11273
343265
1033743
Shelby
53180
39326
47230
22029
317944
17671
689556
2254
71676
573026
Sioux
39824
36,394
33515
22993
251286
6780
32039
4591
45096
166980
Sac
31336
47201
2.1179
11036
10
8662
279716
3035
6599
238880
Taylor.
102861
235315
79142
15116
110094
206813
244
3068
48260
1419680
8718
269657
908176
Taina
255182
90222
21-1941
9:013
1437807
73251
2842859
13574
3944691
2316405
Union
57005
33216
99528
45S26
10586
113263
141188
53
960
21063
1130930
6127
187748
624200
Van Buren
153671
7155
58808
10928
121854
50211
1823622
12596
353698
1439586
Wayne.
147766
66795
117689
10355
76316
1236
65625
2405187
13212
367396
1361376
Warren ...
19 1265
167178
158737
42173
65 1679
143
61
910
80280
3561365
8391
281510
2208392
Winnesheik
Woodbury
216110
131670
259169
44179
5:097
112175
1813465
27185
977316
24307
8216508
2265252
15213
218875
14647
490371
3072
91647
298209
Worth ...
4802.
33007
45957
32157
23032
3530
122291
4145
161557
396506
Washington
225176
55 52
410187
157884
41616
469879
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KEOSAUQUA
THE NEW YORK LUB L, LIBRARY
AS LYXA ) TL ENT -
HISTORY OF VAN BUREN COUNTY.
GEOLOGY.
The universal desire to know the causes of manifest effects, and to ascertain the origin of all things, is as marked to-day as it was in those far-off times when the earth was deemed a flat disc resting upon the back of an elephant, the elephant upon a tortoise, the tortoise upon a serpent, and the serpent upon - an undiscovered something. Each age regards its store of knowledge as almost infinite, yet each succeeding generation finds some new fund to draw from and expand the sum of wisdom. Science has opened many pages in the great book of nature, and has supplied the key to the mysteries therein recorded. Future research may modify the theories at first advanced by the patient investigators of the absorbing work ; but so firmly established are many of the ideas promulgated in the school of modern science that they must be ac- cepted as fixed facts. In no division of study has greater or more certain progress been made than in that of geology. The finest intellects of the century have been engrossed in the labor of determining the origin of the earth and the gradations by which it has reached its present habitable conditions. As a part of the history of this particular section of the globe, the formation of the rocks and soil, is certainly a topic worthy of considerable space in this record of events. We have, therefore, compiled a geologic sketch of the lower valley of the Des Moines, with the belief that it will be an acceptable paper.
In the general history of the State which is given in this volume, will be found a somewhat elaborate description of the geology of Iowa, from a scientific standpoint. It remains for us to limit the circuit of our work in connection herewith to the actual boundaries of the Des Moines Valley. We shall attempt to popularize a most interesting but not generally studied theme, and endeavor to explain, in simple form, what is too often rendered obscure to the uninitiated in scientific methods, by technical terms and expressions. Since those who wish to do so can turn to the general chapter and learn of the geologic structure of the State, let us now bring to a focus the more practical ideas relative to the subject of the recent or superficial formations of this region. This is designed to be only a short popular treatise, so as to interest every man and woman of good observation who shall peruse it, and to call their attention, at least, to the surface formation of the earth, so that in a few years there may be hundreds of observers of interesting geological facts where there is but one at the present time.
That geology commends itself to us as a truthful science will be very readily elucidated by a simple statement of a fact within the comprehension of all.
To illustrate : A certain kind of rocks are called Archæan or Laurentian. These are the most ancient rocks known to geologists ; at one time they were
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HISTORY OF VAN BUREN COUNTY.
supposed to be destitute of fossils. In all the systems of rocks, they occupy the lowest, and consequently the oldest, position ; but in whatever part of the earth found, they are always recognizable by the geologist. So the Devonian rocks are distinguished by certain fossil fishes that are found in them, and in them alone. The Carboniferous rocks are known by certain fossil mollusks; the Cretaceous, by certain reptiles that occur in no other formation ; and so every geological period has its characteristic fossils, by means of which the formation and its comparative age may always be accurately determined.
The geologist will always know the coal-bearing rocks from any other class ; and this knowledge ought to be possessed by every one interested in explora- tions for coal.
The geologic history of Iowa is but a page in the general history of the continent of North America. This continent has been demonstrated to be the oldest portion of the earth, notwithstanding the misnomer, "New World." It is new only in civilization. The geologist reads is the rocks evidences of age that are far more reliable than those which are placed on perishable scrolls by the pen of man. The oldest groups of rocks are not found in Iowa, but are visible in the Canadas. The first system, underlying all others, in this State, is the Azoic, seen only in a small section of the northeast portion of Iowa. Next come the Lower and Upper Silurian, the Devonian, the Carboniferous and the Cretaceous systems. Of the earlier formations we shall say nothing, as allusion to them necessitates a far more extended article than we desire to prepare.
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