USA > Iowa > Wapello County > The history of Wapello 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 > 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 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86
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,
1
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, oranything 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.
Winter Wheat.
Indian Corn.
Oats.
Value of
Products
COUNTIES.
Acres
of Im-
Aeres
Unim-
under
Culti-
No. of
No. of
No. of
No. of
No. of
No. of
No. of
No. of
of Farm
proved
proved
Land.
vation
in
Land.
in 1874.
Acres.
Bushels
Acres.
Bushels
Acres.
Bushels
Harv't'd
Harv't'd'
Harv't'd
Acres.
Bushels
Harv't'd
Dollars.
Appanoose.
161059
134767
161083
156821
125188
109388
9606
77789
1049
10838
64871
2385243
13756
$1611937
Alamakee.
61880
181
1964
24325
905920
387346
931639
12776
442829
1415769
Audubon.
21146
23819
15986
54352
6876
89235
10
97
9225
394655
33233
Adams
65 159
13735
17947
281376
184153
Adair
83182
55680
66265
27550
435011
7
70
174
25174
3951
3500
80S60
1402.128
4455
141293
159739
695318
Buena Vista .
828171
33118
297318
37031
27010
15514
228231
Benton.
53911
3328921
2791
67069
23940S
99406
162737
445070
207828
2664995
Boone ..
156937
71810
105612
1343366
32505
429257
7
280
83244
11
84
46151
1595752
15190
10401
404620
Butler.
58908
Bremer
143493
145067
124877
57907
*19167
20
1270878
1018453
700
38685
1026641
13827
421719
518571
1209785
Black Hawk
213023
47001
104$10
19056
150881
181256
4SSTS
89361
644.95
28754
14259
157210
1108024
56592
1939590
1811250
16804
1:431
538196
1144620
Buchanan.
37059
71418
61201
812342
48831
556209
1898424
2615949
Clay.
39919
33375
51638
28974
17491
153159
180120
4436
98,66
123343
Cherokee
45412
31693
401507
9459
315215
3545
115595
35019
Cass.
45304
Crawford
110861
92785
40123
40582
1901062
9079
176281
58058
283111
41417
15262
21000
676209
248869
321894
17957
648658
2902
99158
1284899
488857
Cedar .
Cerro Gordo
529:0
309995
166485
40167
640544
26
78224
2815921
20243
48648
415463
295
28199
21030
9512
265443
675837
֏199
228097
2606149
Clayton
212291
290855
151908
130 5125
1:47
37918
1471263
591617
173622
86883
20021
669895
2081793
Clinton
68683
1010345
12
428
3061388
23701
702059
Chickasaw
57337
91772
74104
40162
643519
89297
96504
3
514279
309744
63
16821
11744
416300
S049019
894656
Carroll
53065
89159
Clarke ..
93691
26756
$10161
20
16014
550041
3238
26996
50487
78803
26618
17968
217090
7
55
39066
1580260
107577
367648
451365
Calhoun.
11010
100631
150
10656
351120
12337
2993
73182
7054987
10
221613
Davis.
150J38
116003
131597
5378
80993
87172
5379
56105
62127
2115569
13643
345707
Decatur
115751
95275
1603090
Dubuqu
187831
98561
146244
8211
7.169
817
12239
50184
1763140
1702391
10555
344551
Des Moines.
49240
634135
81
1720
67118
2307938
25115
643822
1024541
143665
287392
1636132
58165
Delaware
472029
97618
161357
10615
113396
71728
8688
117310
102924
9242
62305
60401
5
50
56150
1690535
20377
632113
1772992
Dickinson
15770
1698314
29850
11961
5701
25822
3183
44455
2403
3:282
45334
.
Dallas
134135
57763
114625
29256
445818
57652
9937
335124
Emmet
9989
7
186
2484898
Floyd
147098
25586
8387
3911
1510
2197
14273
1519
3211
1502047
110708
15244
32130
62067
Fayette.
179504
941439
26162
6424.18
15461
487729
133458
1367377
98156
60779
46
Franklin
968
37091
1296480
20770
701407
1503127
69859
43 46
65390
863670
155909
21066
758983
9532
328679
777106
Fremont
115307
198882
103039
81096
13229
206001
841
1708985
5419
179645
Grundy
146039
47926
135108
16625
78845
1046066
59910
52323
67381
976657
10175
1482582
11786
Green .
49838
19391
257700
2
14
$60
783037
783027
1669184
4227
401948
120948
1598977
620905
Guthrie
87259
47220
76892
27189
393574
22
38902
153505
792461
Hardin
128331
4145
39930
Humboldt
29114
86906
97765
88164
491251
41304
1379961
3569 15
1066627
Howard
27013
12016
20902
9998
297381
10982
307912
3974
90944
115923
200001
171018
61871
36115
582808
9916
10210
310268
734409
Harrison
94818
33:451
70287
23918
81
1200
3462
69140
Hancock
10162
143701
41720
1620192
786677
341615
9005
1889
2067
57899
1:53
Hamilton
89405
63966
39935
70006
48816
Henry.
182080
52050
20676
294682
20441
670731
5108
168262
52762
1da .
7292
50249
9194
110831
15026
180220
9011
113203
62672
2415670
13393
358221
1765670
6511
3108
48815
2301
Iowa
191011
89337
15SI88
48410
36
1080
108465
670217
7912
€2518
2713830
455
14060
7482211
193200
142401
491
11756
319071
2005049
Jackson
Johnson
241021
71257
142401
53962
193019
13315
550000
666779
521156
45306
100
1274
1665518
71143
3158178
23652
210919
17760
522197
1750091
2417875
Jasper
278891
179752
79926
Jones.
208907
63298
140684
86090
1107170
100217
65-123
4525999
1909534
15267
532239
31
16,389
125590
462178
409
18260
464824
2916838
1896416
Jefferson
66979
16237
164904
6192
66739
55061
1695510
14005
44612S
Keokuk
208125
98999
149672
33278
368528
149
2SS35,
1363
75697
3827282
15582
447603
1530140
1919728
Kossuth.
31550
48798
10798
193832
78692
13139
1-10
27857
Lee .
133580
10551
72624
15400
200407
9781
59563
119777
2190306
5143
279069
105306
Lucas.
108052
15812
59757
88837
13054
31
11817
1631518
319811
12766
153387
8182
76712
329
47022
1902530
12665
342164
Lyon.
2645
$177
13189
1030554
54
10396
281118
32651
Linn ..
62649
175655
52178
636597
12
160
91773
3139923
22670
585648
2590052
Louisa
151007
52922
Mitchell.
100066
19:64
189929
13SS
16267
49642
2184658
6792
175755
1665739
126381
20176
232398
94133
65534
1083811
2697
11274
411961
14078
542662
1591878
Mahaska.
122 190
205
Marion ..
199369
82779
150268
153214
315,62
395532
529663
180
2212
83775
S768209
3835063
10616
196218
335746
2195785
2181346
Mills
141512
53604
45136
84680
99837
21385
312961
32
543
59543
1533976
10987
6528
232639
Madison
161998
183709
137979
1003509
37553
628314
102215
78206
25
484
2953630
8743
285108
1709080
Monroe
Marshall
223735
91,30
11638
263
5584
69194
1739916
241081
938862
52249
47552
56278
117303
39911
69395
101413
1123382
21
45575
200
67699
2808256
11512
12611
463245
2368278
Monona ..
Muscatine.
1789 15
48:32
15:31
183811
21577
818338
2504
66475
104633
129599
32375
416471
63
629
54760
1715973
13287
405562
447665
Montgomery ..
1747906
50607
86026
1381
531509
8
33626
166
39251
1441467
5322
201635
1072127
O'Brien
$2070
26:31
14904
151506
6379
106052
3107
53931
191542
Osceola.
18190
207689
31406
14651
8,69
74757
2510
17279
1390
26829
69581
Polk
56841
140150
563389
21
894
77407
3272010
12188
431841
2140023
Pochahontas.
21928
35572
19219
37636
₲434
30771
8931
229263
2541
40494
112666
Pottawattome
124630
208989
419189
90619
3363
588011
63
475
47258
1750039
5278
168081
1252629
Powesheik.
48697
171589
76286
85748
3571105
11416
333565
2393022
Page ..
156782
175171
115484
51312
22659
855792
1220
20235
71386
2239013
9758
346507
1293463
Plymouth
58283
519.2
41379
83629
442706
10
160
10097
4161
Palo Alto.
120437
434123
18517
32225
16679
8606
23208
325
175778
Ringgold.
18100
50373
6641
12057
2979
4€859
96616
58329
10026
78951
125
1762
35613
1145937
9118
255007
1115782
Scott .
235515
19123
185742
762315
40
618
59071
2226316
15915
528868
30-11873
Story
148649
433+4
89326
99387
26053
330597
8
20
47230
31.944
51273
1033743
Shelby
17674
1783477
11278
343265
53180
22023
689556
2251
71676
573026
Sioux.
33824
36.394
33315
22.193
231286
6780
32038
4591
45096
166980
Sac ...
31336
17201
11056
279716
3035
6599
Taylor.
102SG1
235315
24179
10
79142
110031
8662
238880
15116
206313
241
3068
48260
1419680
8718
269657
908476
Tama.
253182
90222
14378)7
13514
381469
2316405
57005
21-1911
9:013
73251
2842859
Union
33216
Van Buren ..
15826
105S6
141183
53
960
21063
1130930
6127
181148
624260
153074
993-18
Wayne.
113:263
7455
5SSOS
10928
121854
1236
50211
656 25
1823622
353698
1439586
66795
143
2405187
12596
147766
117€89
10355
76316
18212
367396
1361876
Warren ...
2208392
Winnesheik
191265
167178
159737
42175
651679
61
910
80280
3561365
8391
281510
2461 10
Woodbury
131670
259169
112175
1813135
27185
977816
24307
8216508
2265252
44179
57097
33007
15213
48927
32157
2:8875
14647
490371
8072
91647
298209
Worth.
45957
23092
410187
14193
3530
122291
2832211
4145
161553
396506
Washington
Webster.
225176
55.52
157881
41616
469879
1439
453320
9,208
61741
70010
891051
73265
15701
2035264
5
28713
917911
7491
207.193
733342
Winnebago.
Wright
17589
30625
12421
30551
8939
162281
11
270
1374
1827
140219
35516
32387
29957
13629
10089
52125
281821
45109
418!
288685
Wapello.
196166
135176
150209
63491
185173
17368
15:535
1617
16159
5.035
2143791
11570
293590
1455319
Totals
12627850 8410435
93549051 3690711 42669731
69188
759277
4700176 136284542 982994
29144352 $181536747
HP. Hendershott
OTTUMWA
HISTORY OF WAPELLO COUNTY.
GEOLOGY.
The universal desire to know the causes of manifest effeets, 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 dise 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 geologie 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 geologieal faets 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 roeks are called Archæan or Laurentian. These are the most ancient roeks known to geologists; at one time they were
324
HISTORY OF WAPELLO 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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