USA > Iowa > Pocahontas County > The pioneer history of Pocahontas County, Iowa, from the time of its earliest settlement to the present time > Part 23
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For nearly twenty years after the arrival of these first settlers the prog- ress of the county was very slow. At that time there were no settlers west of these places except the few pioneers who had located along the Little "The pioneers who came to this Sioux river. The Spirit Lake Massa- county during the fifties and also the cre had occurred early in the spring sixties, in leaving their more or less of 1857 and the excitement from it comfortable homes in the Eastern had, to a large extent subsided before states for the western prairies, found the settlement of the northern part a country so wide, so smooth and so of the county had fairly commenced; unbroken in its painfully solemn qui- yet for several years the settlers were etude, hundreds of miles from mail subject to considerable anxiety lest facilities and neighbors so few and another outbreak should occur. Dur- far between that only those who were ing the years immediately following patient, persevering, brave and cour- these first settlements, many pioneers ageous could achieve success. The passed westward through this section and it was only occasionally that one of forty years finds a land dotted with stopped to select a claim and improve it.
new resident of today, after the lapse towns and villages, schools and church- es, thrifty groves, broad acres of fer- For many long years Fort Dodge, distant twenty to forty miles, was the prosperous and happy people, with all nearest trading point and postoffice for all of the settlers in the county. In 1857 there was no mail route to the tile soil and a country settled with a the advantages and luxuries of the East brought within easy attainment by the network of iron that has spread west except the one from Fort Dodge like a civilizing web over the prairie via Twin Lakes and Sac City to Sioux wastes of 1857."
184
PIONEER HISTORY OF POCAHONTAS COUNTY, IOWA.
VII.
THE ORGANIZATION OF THE COUNTY.
"What constitutes a state? Not high raised battlements or labored mounds, Thick walls or moated gate; Not cities proud, with spires and turrets crowned: But men, high-minded men; Men, who their duties know, And their rights dare maintain."
1859.
URING the fall and Clerk of the District Court, A. H. winter of 1858 the Malcolm; Treasurer and Recorder, settlers discussed the William H. Hait; Drainage Commis- propriety of effecting sioner, James Edelman; County Sur- the organization of veyor, Guernsey Smith; Coroner, Hen- the county and most ry Park; Sheriff, Oscar Slosson. This of them signed a petition asking the report of the board of County Canvass- County Judge of Webster County-to ers was made at Fort Dodge March 21, which Pocahontas was then attached- 1859, and on that same day before to issue a call for an election and an or- Luther L. Pease, County Judge of der for organization. This petition Webster county, David Slosson took was granted and a special election was the oath of office and filed bonds as ordered to be held on March 15, 1859, County Judge of Pocahontas county, under the auspices of a Committee of his term of office to continue until his County Canvassers, consisting of Luth- successor should be elected and quali- er L. Pease, County Judge, Henry fied. All the other officers elected Winn and Egbert Bagg, Justices of the qualified before Judge Slosson, except Peace, all from Webster county. By A. H. Malcolm and on May 11, 1859, at this order Des Moines township was the first session of the county court S. constituted, embracing the entire N. Harris being appointed in his stead, county, but as a matter of conven- qualified as Clerk of the Court until ience to the voters it was divided into his successor should be elected and two voting precincts known as the qualified. This appointment was the Des Moines and Lizard precincts. Two first official act of the County Judge of voting places were designated, one at Pocahontas county in open court and the house of Henry Jarvis on section it was the only one at this session of 24, 93-31 (Des Moines township) and the Court.
the other at the house of Chas. Kel- ley on Sec. 12, 90-31 (Lizard township.)
Officers for Des Moines township, which then included the entire coun-
At this election 23 votes were cast ty, were also elected as follows: Jus- and the following county officers were tices of the Peace, Robert Struthers elected: County Judge, David Slosson; and S. N. Harris and Township Clerk,
185
THE ORGANIZATION OF THE COUNTY.
W. H. Hait. No record was made of July 8, 1859, Ringland & Brady, $ 125 00 the election of trustees or assessor. Aug. 19, " 66 66 1003 00
On April 19, 1859, W. H. Hait was ap- Nov. 8, " pointed assessor, and on October 12th, following, justice of the peace in place Dec. 17, " of S. N. Harris, who did not qualify.
During the first two years of the county's organization, 1859 and 1860, the general management of the coun- ty's affairs was vested in the County Judge, the Board of Supervisors not having an existence at that time.
The County Judge held all the authority now vested in the Board of Supervisors and part of that vested in the Auditor and District Court.
The first entry in the Record Book of Dayid Slosson, the first County Judge of Pocahontas county, is of date, May 25, 1859, and reads as fol- lows:
STATE OF IOWA; } ss: Pocahontas Co., S
COUNTY COURT,
May 25, 1859.
Now on this day comes N. W. Mills & Co., and present their bill for books furnished for said county amounting to the sum of $285.00, as per voucher, said amount having been examined and found correct, it is therefore or- dered by the Court that said claim be allowed and that a warrant be issued in favor of said N. W. Mills & Co. for $285.00 and vouchers placed on file.
DAVID SLOSSON, County Judge.
W. H. Hait was allowed a bill of $6.00 for bringing the above books for the County Records from Des Moines.
850 00
" 29, "
1920 00
1866 50
Total for the year 1859 .... $5864 50 On July 9, 1859, the salary of the county officials including the Treasur- er, Clerk of the Court and County Judge was fixed at $50.00 each for that year.
W. H. Hait made a transcript of the Records relating to Pocahontas coun- ty from those of Webster county and received for this service $30; and Dav- id Slosson, for the rent of his house for the use of the county officers dur- ing the year 1859, received $80.
Aug. 8, 1859, on the application of a majority of the citizens of this county, A. W. Hubbard, of Sioux City, Judge of the 4th Judicial district of Iowa, appointed C. C. Carpenter, of Webster county; Niles Mahan, of Palo Alto county and Hiram Benjamin, of Hum- boldt county, Commissioners to locate the county seat of Pocahontas county as near the geographical center as pos- sible, having due regard for the pres- ent and future population and to make report of their proceedings in this matter to the County Judge of Poca- hontas county. In accordance with these instructions Messrs. C. C. Car- penter and Hiram Benjamin on Aug. 20, 1859, visited this county and made a report locating the county seat on the SW≥ of the NE} and SWI of sec- tion 26, Des Moines township, con- taining 200 acres according to the original survey. The little village
On the same day it was ordered that a warrant of $100 be issued to George S. Ringland and John W. Brady in part payment of a contract made and that grew as a result of this lo- entered into by and between Messrs. cation of the county seat was succes- Ringland & Brady and Pocahontas sively called Highland City, Milton, county on the -- day of March 1859, (Old) Rolfe and Parvin, and it contin- for the selection, surveying and mak- ued to be the county seat until Oct. 1, ing returns of the swamp and over- 1876, when the public records were re- flowed lands of the county. On this moved to Pocahontas.
As soon as the county seat was lo-
contract, for the survey of the swamp lands, there were issued that same cated the erection of a public build- year other warrants as follows: ing or court house became the all-
186
PIONEER HISTORY OF POCAHONTAS COUNTY, IOWA.
absorbing topic of public discussion. the county."
There were some serious difficulties to be met and overcome. The erection of a building of suitable size would in- volve a large expenditure of money, and if there was any one thing that the early settlers could not give, but all alike felt the imperative need of, it was money. When the financial panic of 1857 is recalled one is not sur- prised at the statement that there was no money in the hands of the settlers of Pocahontas county at this early date for this public improve- ment. It must be remembered they were very few in number and having built their cabins, shanties or log houses, the effort to hold their claims and subsist on the productions of the soil exhausted all their resources. The only things of which they had a surplus were sunshine, fresh air and swamp land. The sunshine and wind did not "count for much" in a bargain and the swamp lands were regarded as scarcely more valuable, save that they could be measured, the mine of wealth possessed in them being both undiscovered and unappreciated.
According to the terms of this con- tract the public building was to be built of brick upon a stone foundation. It was to be a "court and school house combined," 36 feet wide in front, 50 feet deep and the second story 14 feet high. The brick were to be made of as good clay as could be procured in the vicinity and well burned. They were to be laid in mortar composed of well burned and well slaked stone lime and clean, sharp sand. The wall in the first story was to be 16 inches and in the second, 12 inches in thick- ness. All the openings for doors and windows, except the round-topped ones of the second story, were to have lin- tels of wood, that should not appear upon the face of the wall, and have arches of brick thrown over them. All the timber used, including the floor- ing, was to be of oak, elm or walnut and of the best quality obtainable in the vicinity. The roof, a plain comb, was to be supported by rafters 3x4 in. overlaid with good sheeting and cov- ered with good shaved or cut shingles not more than four inches to the weather. The chimneys, two on each
The proposition to utilize the swamp or overflowed lands of the county, the side, were to be built in the walls and special survey of which was then in extend above the roof at the eaves. progress, met with general favor, and The frieze and cornices were to be on September 7, 1859, at a special elec- furnished with beads and moldings to tion held for that purpose this prop- correspond with the tools most easily osition was submitted to a vote of obtained. The front door was to be the people. At the two polling places double and have four panels on each at which this election was held, six- half. The front steps were to be fur- teen votes were polled and all of them nished with seven-inch risers and ten- were cast in favor of this method of paying for the building, and disposing of the "waste" lands of the county.
inch treads with molded nosings; and the platform extending the full width of the entrance, was to be four feet wide and finished at each end with a
A form of contract was then pre- pared that provided for the erection square pediment. The space on the of a court house and also a bridge first floor was to be divided into four across the west branch of the Des apartments with a hall-way through Moines river near the proposed site of the center of it. The court or the county seat, both by William E. school room in the second story was to Clark, of Baltimore, Md., and the con- be furnished with a Judges' bench, sideration specified therein was "all jury and prisoners' boxes, and the the swamp and overflowed lands in stairway with newel post, hand-rail
187
THE ORGANIZATION OF THE COUNTY.
and banisters. These were all to be in such cases made and provided, do of black walnut varnished. The rest of the interior woodwork was to have two coats of white lead in oil mixed
hereby give notice to the legal voters of said county that the question will be submitted to them at a special election which is hereby called for with other colors to bring it to the that purpose to be held on the 19th proper tint.
day of November, A. D. 1859, within The bridge was to be built at the most convenient point on section 25, Des Moines township, upon supports constructed of wood, sills and posts well framed together, the spans not the several townships of said county, at the usual places of holding elec- tions in said township and county, whether or not a public building and bridge shall be erected in said County of Pocahontas to be paid for with the swamp and overflowed lands to be more than thirty feet and rest- in said county as set forth in contract ing on stringers not less than 10x12 in. square, four in number to each span. It was to be ten feet wide, covered and which is now submitted for sat- isfaction or rejection; and I do further declare that the manner of voting shall be as follows: Upon each ballot with oak planks two inches in thick- shall be written or printed, "For the ness and be' above the high water mark.
Both the building and the bridge were to be received by the County Judge upon the approval of Egbert Bagg, of Webster county, architect and inspector. Upon the completion of this contract David Slosson issued the following proclamation calling for another special election to be held Nov. 19, 1859, to approve or disapprove this contract:
STATE OF IOWA, S SS: Pocahontas Co., S
COUNTY COURT,
Oct. Term, 1859.
contract for the erection of a public building and bridge to be paid for in swamp and overflowed lands," or "Against the contract for the erection of a public building and bridge to be paid for in swamp and overflowed lands;" and I further declare that if a majority of the votes be cast affirma- tively, then such vote shall be deemed to be in favor of the contract herewith submitted, and said contract shall be binding upon the said Wm. E. Clark and upon the officers and people of Po- cahontas county as therein set forth in every particular; and if a majority of the votes so cast are in the nega- tive it shall be deemed a rejection of the contract and neither party shall in any wise be bound thereby. The votes shall be returned by the proper judges of the several precincts to the County Court of said county, on or be- fore the 23d day of November, 1859, to be there canvassed according to law.
Whereas, a contract has been en- tered into between Wm. E. Clark, of Baltimore City, and state of Maryland, and the County Judge of Pocahontas county and state of Iowa, for the erec- DAVID SLOSSON, Co. Judge of Pocahontas County. tion of a public building and bridge; and whereas, in the above referred to contract the County of Pocahontas This proclamation of the County Judge was duly published by Oscar Slosson, "the high Sheriff of Pocahon- tas County " and, after the lapse of some thirty days according to the proposes to pay the entire cost of erecting said public building and bridge by deeding her lands known as Swamp and Overflowed Lands to the said Wm. Clark, as will more fully ap- pear by the contract hereto appended; public records, the voters of the coun- and whereas, it is prescribed by law ty in response thereto met first at the home of Henry Jarvis, but adjourned and held this election at the house of that the above referred to contract and the question therein involved shall be submitted to the people of the county in the manner provided his brother William Jarvis where, ac- for in Section No. 114 and 115 of the cording to the canvass made Novem- ber 21st, it was declared twenty-one votes were cast and all of them in fa- code. Now, therefore, be it known that I, David Slosson, Co. Judge of Pocahontas county, in compliance with the said contract and the law vor of approving the proposed contract.
188
PIONEER HISTORY OF POCAHONTAS COUNTY, IOWA.
This was, however, the election at By appointment of Luther L. Pease, which Patrick Forey cast the famous' county judge of Webster county, "decisive vote."* According to tradi- at Fort Dodge, Michael Collins, Chas. tion or the statements of those who Kelley and I prepared the poll-books participated in it, some of whom are of Lizard precinct for the first election still living, this election was the first of that year. The polling place for all spirited contest among the voters of the voters of the Lizard precinct, at this county and it became intensely all of the four elections held in 1859, interesting because the voters in the was at the home of Charles Kelley on two settlements or precincts, being section 12, Lizard township. At the relatively about equal in numbers, be- special election held Nov. 19, 1859, came directly arrayed against each Michael Broderick was one of the other, not on the lines of partisan pol- clerks at the home of Charles Kelley; itics, but in regard to the propriety I voted there early in the morning of of the proposed disposition of the that day and then went to the polling swamp lands of the county.
place in the Des Moines precinct to
The fact the public records contain challenge illegal voters; and Patrick no summary of the vote on this occa- Forey was the only Lizard voter who sion in the Lizard precinct is no great- voted in the Des Moines precinct that er surprise than the general fact that year and he only once, namely, at this they contain no summary from that last special election."* precinct of any of the four elections
That Walter Ford and others who held in the county during the year assisted in preparing the first Lizard 1859. The following incidental allu- poll-books and also as clerks and judg- sions in the records of the County es of election in the Lizard precinct Judge, by way of recording payment during the year 1859, are not incident- for services rendered as election offi- ally named in the county records is no cers during that year, are very sug- doubt due to the fact they presented gestive. At the first election of March no claims for the public services thus 15th, Michael Collins was one of the rendered.
judges and Michael Broderick one of the clerks; at the second one held on the 7th day of September, John Calligan and Peter Garrahan were judges and Philip Russell and Mich- ael Collins were clerks; at the third or general election held on the 11th of October, Patrick McCabe, John Cal- ligan and Peter Garrahan were judges and Michael Broderick one of the clerks. The latter was also paid $8.00 as a messenger, for carrying the re- turns of Lizard township for the year 1859.
According to the facts thus inci- dentally noted in the records of the County Judge and more fully stated by Walter Ford and others, the result of the special election of November 19, 1859, in regard to the contract for the erection of a court house and bridge to be paid for with the swamp lands of the county, was no doubt 11 for ap- proval and 10 for disapproval; or a ma- jority of one-the decisive vote of Pat- rick Forey-in favor of approving the contract. The votes were canvassed on the 21st day of November and as a
The following statements from result of the election, the contract Walter Ford, one of the Lizard was declared by the County Judge to voters at that time and now a resi- be binding upon the parties.
When the fact is noted that the
dent of Clare, are pertinent: "The Lizard and Des Moines precincts were consideration in this contract was both organized in the spring of 1859. *Letter of Walter Ford, Clare, Iowa, March 18, 1899. "See pages 165-166,
189
THE ORGANIZATION OF THE COUNTY.
an indefinite and also an undeter- Ringland & Brady, was rejected as mined quantity, namely, "all the a whole by the commissioner of the swamp and overflowed lands in Poca- general land office; and one is not sur- hontas county," one is not surprised prised at this result when it is known there should have been a difference of that the whole of township 91, range opinion among these early pioneers in 32 (Lincoln), was included as swamp. regard to its ratification. A great The second one was made by G. S. Ring- deal of space in the public records of land and Guernsey Smith, who made 1859 is devoted to selections and con- their report Aug. 3, 1859. In this re- tracts relating to the swamp lands in- port they state that they were appoint- volved in this contract. This dispos- ed commissioners by the County Judge al of them became an important event to make selections of the swamp and in the history of the county, one overflowed lands, and it is presumed often referred to by the early settlers, that such was the case, although and as it did more than all subsequent no entry of their contract or appoint- transactions to cloud the titles to ment is found on the records. They lands then listed as "swamp and over- swear that "they have examined the flowed," a brief history of them will lines of each and every tract select- be appreciated.
THE SWAMP LANDS .*
On the 28th of September, 1850, an act of congress was approved by which the United States granted to the state of Iowa all of the swamp and over- flowed lands within the limits of the state then undisposed of. Two years later the State of Iowa, by an act of the General Assembly, approved Feb. 2, 1853, granted these "swamp and overflowed lands" to the counties in which they were situated, and made provision for their selection. This was the status of these lands when Pocahontas county was organized. David Slosson, on behalf of the coun- ty and in pursuance of these acts, as soon as he was elected County Judge- in March, 1859,-entered into a con- tract with Ringland & Brady, of Fort Dodge, for their special survey and se- lection. As this contract does not appear on the records it is impossible to give its exact terms, but it has been stated the surveyors were to re- ceive for their services a certain com- pensation for each acre thus selected. Two selections were made during the year 1859. The first one, by Messrs.
*J. J. Bruce in Pocahontas Record, May 1, 1884, and Plat Book of Pocahontas County, 1887, page 6.
ed, and that the greater part of each is swamp and overflowed land." The number of acres according to their footing is 72,075.75, an amount equal to 114 sections or six sections more than three townships-about one-fifth of the entire county.
At this day it seems quite incredi- ble that an amount of land so large should have been reported under oath as "swamp and overflowed." There are, however, three good reasons which may in a measure explain why an amount so large was selected. In the first place the compensation for the selection and survey was based on the number of acres selected; second, at that time the value of these treeless prairie lands was neither realized nor appreciated on the part of the pioneer residents of the county, many of whom were indifferent to a certain extent as to what became of them; and third, the cupidity of the parties who conspired to become possessors of so vast a domain. This second selec- tion, however, had to be submitted to the commissioner of the general land office for his approval or rejection.
The contract with William E. Clark, of Baltimore, Md., of date Oct. 18, 1859, and declared Nov. 21st, follow- ing, as having been approved by the
190
PIONEER HISTORY OF POCAHONTAS COUNTY, IOWA.
people-on Nov. 14, 1860, "for good and of agents in all parts of the country. valuable considerations in hand paid" He gave warranty deeds, selling gen- was assigned by W. E. Clark to John erally large quantities to each pur- M. Stockdale, of Webster county. chaser and representing to parties The latter, under President Buchan- purchasing that patents could be pro- an, had been register of the U. S. cured at any time upon application, land office at Fort Dodge, and the but as the land was not taxable until former proved to be a mere figure- patented, it was better to let them lie head working under his direction. as they were and thus avoid taxation. When Lincoln was elected, the lat- ter soon retired from the land office and assumed open control of his scheme.
Of the 76,250 acres deeded by the county to John M. Stockdale, the commissioner of the general land of- fice approved and issued patents to him The public building and bridge for 29,000 acres, and formally reject- when completed by John M. Stock- ed the remaining 47,000 acres as not dale were accepted, and on Dec. 9, swamp land within the meaning of 1860, there was deeded to him, accord- the act. The last were disposed of by ing to the government survey, 76,250 patent as follows: about 27,000 acres acres of land in Pocahontas county, in a body to the Dubuque and Pacific the deed containing a clause that ex-
Ry. Co., some to the Des Moines Val- pressly released the county from all ley Ry. Co., some to the Chicago, Mil- liability arising from the reclaiming waukee and St. Paul Ry. Co., some to of these lands. This deed was attest- the Agricultural College, some to cash ed by John A. James, County Judge, purchasers and others were claimed and the estimated value of the lands by homesteaders. Nearly all of these conveyed was $91,000.
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