The pioneer history of Pocahontas County, Iowa, from the time of its earliest settlement to the present time, Part 24

Author: Flickinger, Robert Elliott, b. 1846
Publication date: 1904
Publisher: Fonda, Iowa, G. Sanborn
Number of Pages: 1058

USA > Iowa > Pocahontas County > The pioneer history of Pocahontas County, Iowa, from the time of its earliest settlement to the present time > Part 24

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It will be noticed that until this date the title to these lands rested upon an act of Congress and a subse- quent one by the General Assembly of Iowa, both of which were of a gen- eral nature referring to a certain class

lands are now occupied as farms. The tracts patented to the county on which the taxes have been paid annually, thereby avoiding entanglement by tax sales, have good and perfect title.

Another remarkable incident in the story of the swamp lands is the of lands, namely, "swamp and over- fact that John M. Stockdale under his imperfect deed from the county,

flowed lands" and not to particular tracts. This left the title of particu- continued to sell all the lands included lar tracts without foundation until therein, he seeming to be entirely in- the selections should be approved by different about the matter of patent. the government and their respective The fact that most of these lands had patents be issued. Until the land in been patented to other parties made particular tracts should be patented no difference to him so long as he to the county, its title thereto would could find buyers willing to purchase be imperfect and its deed to another from him. The last lot sold by him would of course convey no title to the was in the year 1882; it contained 9,000 land. This was the kind of deed giv- acres and the price paid was $200. Of en to Jolin M. Stockdale, who under- the 29,000 acres patented to him and stood its imperfect nature, but ex- upon which the taxes have been paid pecting to secure the approval of his the county probably suffered no great entire list, he was willing to let the loss, since the amount originally re- entire matter rest in that condition. ceived together with the taxes and He began at once to sell particular interest paid would amount to about tracts, putting his lists in the hands the present value of the land. The

191

THE ORGANIZATION OF THE COUNTY.

misfortune of the transaction came in 1, 1860, Oscar Slosson was appointed a subsequent period of litigation over Assessor in his stead for one year. On titles and consequent uncertainty in January 9, 1860, David Slosson was ap- the minds of owners as to the stabil- pointed a Justice of the Peace for two ity of their tenures. years.

It will be seen, from this brief re- sume, that patented swamp lands have good titles and the rejected selections had no valid title through John M. Stockdale .* The traffic in these re- spective swamp lands was a great scandal upon land titles and many in- nocent parties were bled severely.

The election officers making the re- turn of this general election in the fall of 1859, were those of the Des Moines precinct, namely, Perry Now- len, Robert Struthers and Henry Jar- vis, Judges; Samuel N. Harris and W. H. Hait, Clerks. At this election 34 votes were cast and all of them were credited to Des Moines township be- cause it embraced the entire county at

1860.

The first officials of the county, elect- that time.

ed at the special election of March 15, 1859, held office only during the re-

If the previous year (1859) was one of organization, discussion and con- maining months of that year. At the tracts, the year 1860 was one of fur- general election held October 11th fol- ther development in the matter of or- lowing, a full set of county officers for 1860 was elected as follows: John A. James, County Judge in place of

ganization and was marked by the oc- currence of several interesting events.

April 1, 1860, under the appoint- David Slosson; Samuel N. Harris Clerk ment of John A. James, Robert of the Court, a position he had filled Struthers and W. H. Hait, consti- by appointment; Wm. H. Hait was re- tuting the first county Board of Equal- elected Treasurer and Recorder, Hen- ization, levied taxes for that year as ry Jarvis, Sheriff; Robert Struthers, follows: State tax one and one-half Surveyor; William Jarvis, Coroner and mills; county tax four mills; teachers' Drainage Commissioner; Perry Now- fund four mills; schoolhouse fund four len, Superintendent of Schools. Per- mills, and for road purposes one mill. ry Nowlen did not qualify, and on March 20, 1860, Oscar F. Avery was appointed Superintendent by John A. James, County Judge.

June 23, 1860, Hiram Evans was a juror, the first and only one named at this early date. Others who served in that capacity later that year were ward Hammond, Isaac N. Belknap,

At that time the entire county still Ora Harvey, Robert Struthers, Ed- formed but one township with two voting precincts, and the following Abiel Stickney, David and Orlando township officers were elected: Trus- Slosson, W. H. Hait, Patrick Forey, tees, William Jarvis, Perry Nowlen James Donahoe, Roger and Patrick and Oscar Slosson; Justice of the Collins and William E. Clark. Peace, W. H. Hait; Township Clerk, PUBLIC IMPROVEMENTS. Henry Jarvis; Road Supervisors, Perry Nowlen and Patrick Fury; Constables, William Jarvis and Roderick Harris; Assessor, A. H. Malcolm. A. H. Mal- colm did not qualify, and on January

The most important events that oc» curred during the year 1860, that ren- der that year memorable in the histo- ry of the county were the erection and completion of the first public improve- first court house at Highland City- the name for a short time given to the first county seat-and of the first

*Mr.Stockdale died in Washington, Pa., ments in the county, consisting of the Sept. 17, 1897. He was well known to the ear- ly settlers of this county, and the titles to many farms bear his name as their first owner.

192

PIONEER HISTORY OF POCAHONTAS COUNTY, IOWA.

bridge over the west branch of the Des Moines river, a short distance northeast of the public building.

FIRST PUBLIC ROADS.

August 6, 1860, in response to a pé- tition signed by a number of the citi-

For the preparation of the materials zens of the county and presented to to be used in the construction of these John A. James, County Judge, Ed- public improvements, a brickyard was ward Hammond was appointed a com- established at Highland City for the missioner to view and locate a county manufacture of brick, and a sawmill road from the best point on section 4, was located in the timber for the pur- Des Moines township, and passing pose of sawing the lumber. The op- southeast by the newly located county portunity of obtaining profitable em- seat, extend to the line of section 7, ployment was afforded many of the 92-30, now Avery township, Humboldt settlers when these various enterprises county. This road when located, was were all in successful operation and surveyed by Robert Struthers and Ed- the hum of business interrupting ward Hammond and, on May 6, 1861, the solemn stillness of the wilderness was established by the Board of was delightful music to every ear. County Supervisors.

Late in the fall of that year (Dec. 9,

On the same day, August 6, 1860, in 1860) the court house and bridge were response to a petition signed by thir- completed and both of them were teen citizens of Lizard precinct, Pat- sources of great convenience to the rick Forey was appointed a commis- people living in that section of the sioner to locate a county road, for the county. For nearly two years the accommodation of the settlers along public records of their respective of- the Des Moines river and vicinity, ex- fices had been kept and the public tending from the northeast corner of business of the county transacted in the SE} Sec. 36, 93-31 (Des Moines the homes of David Slosson and W. township) southward by the best route H. Hait. The public records and busi- to the southeast corner of Sec. 36, 90- ness were now transferred to the new 31 (Lizard township.) After the com- and comfortable quarters that had pletion of the Des Moines river bridge been provided for them. The occu- the proposed route of this highway pancy of the new building was in a was changed so that on May 7, 1861, measure coincident with the election when it was established by the Board of the first board of county supervis- of County Supervisors, it extended ors, in the fall of 1860.

from the river bridge southward to Sec. 2, Lizard township, where it crossed Lizard creek on the line be- tween sections 1 and 2, thence south and east on the west and south lines of section 1. John A. James was ap- pointed to view the route as thus amended, and the survey of it was made by H. Morrison, of Fort Dodge, assisted by Orlando Slosson and Hiram Evans as chain carriers. These were the first public highways located in the county.

Another public improvement that remains at Old Rolfe a reminder of the same eventful year, is the brick school house, located near to and just west of the court house. The contract for this building was let July 21, 1860, to W. H. Hait and Robert Struthers for $4,850. The brick were burned in the immediate vicinity and the lum- ber was sawed at the steam sawmill of W. H. Hait, purchased from John M. Stockdale. It was completed and ac- cepted March 9, 1861. This was the The third public road was not lo- first school house built in the county, cated until January 6, 1863, when Pat- and as a building it is still in good rick Collins was appointed a commis- condition for use.

sioner to view and locate a road for

193

THE ORGANIZATION OF THE COUNTY.

which Patrick McCabe and others had of September 15, 1860, no mention is filed a petition, requesting that it ex- made of Lizard voting precinct being tend from the corner stake of the east accorded the full rights and privileges line of Sec. 24, 90-31, (Lizard town- of a township, but as a matter of fact ship) by the most suitable route north- what Clinton did Lizard did also; and westerly to the quarter stake at the at the general election of November 6, west line of section 13, near the house 1860, Lizard precinct elected one coun- of Michael Walsh, and thence north- ty supervisor, Michael Collins, who westerly to the Buena Vista county was at the same time elected township line at the southwest corner of Sec. 6, clerk for Lizard township and so qual- 92-34, (Marshall township). This di- ified before John A. James, County agonal road was on the direct line Judge, January 7, 1861. John Calligan, from Fort Dodge to Sioux Rapids, Charles Kelley and Patrick Collins then the county seat of Buena Vista were elected trustees and John Quin- county. It passed from the northeast lan assessor, all for Lizard township. part of Lizard township through Lin- Other township officers were elected coln and Grant to the northwest cor- but their names have not been pre-

ner of Marshall township.

FIRST DIVISION OF THE COUNTY-LIZ- ARD AND CLINTON TOWNSHIPS ORGANIZED.

served. This exercise of the rights and privileges of a township indicate that Lizard township was established September 15, 1860 .*

When the county was organized DES MOINES, LIZARD AND CLINTON TOWNSHIPS RE-ARRANGED.

in March, 1859, it formed one town- ship with two voting precincts. Des On May 7, 1861, Des Moines and Clinton townships being still included Moines precinct included the four townships in the northeast part of the in the same school district, the county county and Lizard precinct the four townships in the southeast part of it.

On September 15, 1860, in response to a petition signed by a large num- ber of the legal voters of the county and presented to John A. James, June 4th following, this action was County Judge, a third election pre- declared null and void.

cinct (Clinton) was established, em- bracing all of townships 91 (Lake) and 92, (Clinton) and the south half of the south tier of sections of township 93 (Des Moines,) all of range 31. The house of Edward Hammond was designated as the polling place where at the time of the next annual elec- tion they should elect one county su- pervisor, township clerk, assessor, three trustees, two justices of the peace, two constables and one road su- pervisor, all of whom were elected November 6, 1860. Clinton township was thus established by the order of Judge John A. James, of date Sep- tember 15, 1860.

was divided by the Board of Super- visors into two districts by a line run- ning east and west that should divide equally the entered land, for school purposes. At their next meeting, on

*These particulars have been given quite fully at this place because of the difficulty experienced in ascertaining the date when Lizard township was established. Those who have gone over this ground before, meeting with the same difficulty, have either re- frained from designating the date when that township was established, or have given as the date of the es- tablishment of both Lizard and Clin- ton townships, June 4, 1861. From the facts narrated above, it will be perceived that this date is nearly one year too late; that Lizard township, which was made a voting precinct of Des Moines township in March, 1859, when the county was organized, and Clinton also were both fully estab- lished in the enjoyment of all the rights and privileges of a township,

In the records of the County Judge from September 15, 1860 .- R. E. F.

194

PIONEER HISTORY OF POCAHONTAS COUNTY, IOWA.

On June 4, 1861, the Board of Super- the south tier of townships (Lizard, visors decided to re-arrange the three Bellville, Colfax and Cedar), the south existing divisions of the county into half of 91-33 (Grant), and south half three "townships, districts or election of 91-34 (Dover). These changes left precincts." Under this new arrange- the county in the shape indicated by ment Des Moines township embraced the accompanying cut. the entire north half of the county On December 1, 1862, another change

DES

MOINES

CLIN

TON

LIZ

ARD

Pocahontas County, June 4, 1861.

and the north half of township 91-34 was made in the boundaries of the (Dover), except township 92-31 and townships by the Board of Supervisors. the south tier of sections in township Lizard township was given the south 93-31 (Des Moines). Clinton township tier of townships {Lizard, Bellville, was composed of townships 92-31 Colfax and Cedar), the south half of (Clinton), 91-31 (Lake), 91-32 (Lincoln), 91-33 (Grant) and south half of 91-34 north half of 91-33 (Grant), and the (Dover) as before, and in addition south tier of sections of 93-31 (Des thereto the south tier of sections of Moines). Lizard township embraced townships 91-31 (Lake) and 91-32 (Lin-

195

THE ORGANIZATION OF THE COUNTY.

coln). Clinton township was arranged Cedar township. In the meantime so as to include all of township 92-31 townships 91-31 (Lake), and 91-32 (Clinton), the north five tiers of sec- (Lincoln), had been taken from Clin- tions of townships 91-31 and 91-32 ton and attached to Lizard, thus leav- (Lake and Lincoln), and the north ing Clinton to embrace township 92, half of townships 91-33 and 91-34 range 31, as at the present time.

(Grant and Dover), the south tier of On September 6, 1870, Dover town- sections of 93-31 (Des Moines) and the ship was established, embracing town- south half of township 92-34 (Mar- ship 91, range 34, that had previously shall). Des Moines townshipremained formed a part of Lizard and Clinton the same as before, except that the townships, and on June 7, 1871, town- north half of township 91-34 (Dover), ship 92-34 (Marshall), was attached to and south half of township 92-34 (Mar- Dover.

shall), had been assigned to Clinton. THE REMAINING TOWNSHIPS ESTAB- LISHED.

On September 3, 1866, the township of Nunda was established, composed of township 93-32 (Powhatan), which was set off from Des Moines .. Al- though the records do not show it, this township originally embraced al- so the two townships west of it now called Washington and Swan Lake; later the south half of Swan Lake was annexed to Des Moines. April 20, 1867, the name of this township was changed from "Nunda" to "Powha- tan." In June, 1874, the name was again changed from Powhatan to "Jackson;" and on January 8, 1878, it was finally changed from "Jackson" to "Powhatan. "

On June 2, 1868, the south tier of sections in township 93-31 (Des Moines) was taken from Clinton and annexed to Des Moines.

On September 4, 1871, two new town- ships were established, Colfax and Swan Lake; the former embracing township 90, range 33, and the latter township 93, range 34.

On June 4, 1872, township 91, range 32 was established under the name of Carter township, but on July 8, 1873, the name "Carter" was changed to "Lincoln."

September 7, 1872, Center township, (92-32) was established.

September 5, 1876, Washington town- ship was established, embracing town- ships 93-33 and 92-33, (Washington and Sherman.)

June 5, 1877, township 91-31 (Lake), was established under the name of Burke township, and on September 3d following, the name "Burke" was changed to "Lake. "

April 5, 1880, Sherman township was established, embracing township 92, range 33.

June 5, 1882, township 92-34 (Mar- shall), was established as Laurens

On June 6, 1870, several new town- ships were established that materially affected the map of the county. Bell- township, but on September 2, 1884, ville township was established on this the name "Laurens" was changed to date, embracing township 90, range "Marshall." This was the last town- 32; Cedar was established, embracing ship organized and since the change township 90, range 34, and Grant town- of its name to Marshall, no similar ship, embracing township 91, range 33. changes have occurred. It may be A petition was also presented asking observed that the civil townships, as for the establishment of Colfax town- at present organized, are identical in ship, (90-33); for some reason this pe- their boundaries with the congression- tition was not granted, and on the 6th al townships; and from the establish- of September following, it was sepa- ment of Des Moines township in 1859, rated from Lizard and annexed to the period of their organization, in-

196

PIONEER HISTORY OF POCAHONTAS COUNTY, IOWA.

cluding the last change noted, em- cahontas county.

braced just a quarter of a century.

COUNTY SEAT RE-LOCATED.

At the general election held Oct. 12, 1875, a proposition to re-locate or re- move the county seat from (Old) Rolfe to Pocahontas Center, was submitted to a vote of the people with the re- sult that 356 votes were cast in favor of this proposition and only 57 against it. In view of this approving vote of the people the Board of Supervisors ordered the change of county seat on October 18th following; and the pub- lic offices and records were transferred from (Old) Rolfe to Pocahontas, Octo- ber 1, 1876.

ORIGINAL ORDER FOR THE ORGANIZA- TION OF POCAHONTAS COUNTY.

The following order of Luther L. The election to organize said county Pease, County Judge of Webster coun- shall be held in the Lizard precinct at ty, obtained after the foregoing part of this chapter had been printed, will the house of Charles Kelley; and Michael Collins, Patrick Forey and Charles Kelley shall be judges of said election at said place of voting. be read with interest, since it furnish- es positive information in regard to the establishment of two voting pre- cincts at the time of the organization

of the county-Lizard and Des Moines shall be judges of election at said place precincts-and the names of those who of voting.

were appointed to serve as judges at this first election in each precinct.

STATE OF IOWA, { Webster County. S SS.

COUNTY COURT, FORT DODGE, Feby. 19, 1859. On this day comes Guernsey Smith, of the county of Pocahontas, which is by law attached to the county of Web- ster for election purposes, and pre- sents the petition of John A. James and twenty-six others, citizens and

the said Smith makes oath that said petition contains the names of a ma- jority of the legal voters of said Po- cahontas county, and makes applica- tion for an order to hold an election for the purpose of organizing said Po-

It is ordained, by the County Court of Webster county, that an election be held in said Pocahontas county on the third Tuesday in March, (15) 1859, for the purpose of organizing said county, and for electing the following county officers, towit: A County Judge, Clerk of the District Court, Treasurer and Recorder, Sheriff, Sur- veyor, Coroner and Drainage Commis- sioner; also the following township of- ficers, towit: Three township trustees, a township clerk, two justices of the peace, two constables, one assessor and a supervisor of roads for each district.

It is further ordered that two elec- tion precincts be formed in said Poca- hontas county: Townships number 90 and 91, of ranges 31 and 32, shall constitute, be designated and known as Lizard precinct; and townships number 92 and 93, of ranges 31 and 32, shall be known and designated as Des Moines precinct.

The place of voting in the Des Moines precinct shall be at the house of Henry Jarvis; and Samuel N. Har- ris, Perry Nowlen and Guernsey Smith

And it is further ordered that Guernsey Smith be directed to post three notices of said election in each precinct in said county at least fifteen days before said third Tuesday in March, 1859, one of which notices in each precinct must be at the place of holding said election.

The judges of said election are re- quired to make return of said election to the office of the County Judge of Webster county, on or before the seventh day after the holding of said voters of Pocahontas county, and election. The poll-books containing

said returns are to be returned sealed, as the law directs.

Given under my hand and the seal of Webster county, the date first above written. LUTHER L. PEASE, County Judge.

GR.D. BOLLARD- GF. GHSPLUMB- RECORDER

CLERK OF THE COURT

GHOW BISSELL SURVEYOR -

JOHN

SHERIFF

DIE

LEONARDE HANSON RECORDER ELECT FOR 1899

OFFICERS OF POCAHONTAS COUNTY 18983

C.A. CHARLTON TREASURER

6FM. STARR DEPUTY CLERK

MISS M. ELLA BOLLARDS DEPUTY RECORDED

ORA PIMALCOLMO DEPUTY TREASURER

M. J. KEENAN DEPUTY SHERIFF

Group of County Officers and their Deputies, -1898.

M.A.HOGAN. e FONDA. In.

A.H.RICHEY LAURENS. elA. C

BOARD OF

SUPERVISORS

POCAHONTAS

COUNTY,

IGTHATCHER AUDITOR

1808.

TERRENCE DOYLE CHAIRMAN

CLAUS JOHNSON- DES MOINES TOWNSHIP 0

C.M.HUNT DEPUTY AUDITOR POCAHONTAS, IOWA.

CHAS. ELSEN LAKE TOWNSHIP

Auditor and Board of County Supervisors,-1898.

197

THE COUNTY OFFICERS.

VIII.

THE COUNTY OFFICERS.

"We live in deeds, not years; In thoughts, not breaths; In feelings, not in figures On a dial."

COUNTY JUDGE.

N March 15, 1859, Judges and ex officio the first County when the county was Auditor. organized, David

In 1861, when the Board of County Slosson was elected Supervisors was organized, the office as the first County of the County Judge became a com- Judge, and six days paratively unimportant one; the gen- later qualified for that office before eral authority previously vested in Luther L. Pease, County Judge of him was transferred to the Board and Webster county, at Fort Dodge. He _there was left for him only some mat- was not a candidate for re-election, ters pertaining tothe probate court, and on January 3, 1860, he was suc- the settlement of estates, the adminis- ceeded by John A. James who held tration of oaths and the performance the office until May 6, 1861, when he of an occasional marriage ceremony. The office of County Judge, however, continued in existence until the year

resigned and Isaac N. Belknap was ap- pointed by the newly organized Board

of County Supervisors to fill the va- 1869, when, in accordance with a law cancy. At the ensuing general elec- enacted the previous year, it was abol- tion of that year Perry Nowlen was ished and its incumbent made ex officio

County Auditor, an office that was

elected and qualifying as his successor January 1, 1862, served until June created at that same time. The cir- 2d of that year, when he resigned and cuit court, though it was afterward Charles C. Converse was appointed to abolished, came into existence that fill the vacancy. The office was vest- same year, 1869.

ed in him from June 2, 1862, until On January 5, 1861, John A. James, October 19, 1863, when Fred E. Met- County Judge, issued a warrant of calf, who had been elected as his suc- $100 to Edward Hammond for grading cessor, qualified for a term of two the court house yard, and seven oth- years. On January 1, 1866, he was ers amounting to $2500 to John M. succeeded by Samuel N. Harris, who Stockdale, on a contract for the erec- in the fall of 1867 was re-elected and tion of a bridge.

After the date on which these war-

held the office until January 4, 1869, when he resigned and William D. Mc- rants were issued there are no further Ewen became his successor. The lat- records of the proceedings of the ter thus became the last of the County County Judge, until April 13, 1865, a

198

PIONEER HISTORY OF POCAHONTAS COUNTY, IOWA.

period of more than four years, when the first warrant of $100.00 was issued Frederick A. Metcalf, as Judge of the to Geo. S. Ringland and John W. Bra- County Court, issued a marriage li- dy on the contract for the special sur- cense to Samuel A. Booth and Angie vey of the swamp lands of the county, C. Keeney, with both of whom he which contract, it is stated on Nov. 8 states he was "personally acquainted following, had been concluded in the and knew them to be of competent month of March, previous. Eight age and condition." He received $1.00 persons held the office of County Judge for the license issued. On May 2d fol- during the period 1859 to 1869, but lowing, he issued a similar license to only four of them performed any acts Orlando Slosson and Loretta L. Coffin. that were made matters of record;

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The pioneer history of Pocahontas County, Iowa, from the time of its earliest settlement to the present time, Part 24

Author: Flickinger, Robert Elliott, b. 1846 Publication date: 1904 Publisher: Fonda, Iowa, G. Sanborn Number of Pages: 1058

Author: Flickinger, Robert Elliott, b. 1846
Publication date: 1904
Publisher: Fonda, Iowa, G. Sanborn
Number of Pages: 1058