USA > Iowa > Pocahontas County > The pioneer history of Pocahontas County, Iowa, from the time of its earliest settlement to the present time > Part 31
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242
PIONEER HISTORY OF POCAHONTAS COUNTY, IOWA.
June 1, 1873, and at Sioux City until on the claim the following notice:
December 31, 1877, when by executive orders issued by the president of the United States, they were consolidated homestead. Pass on. with the office at Des Moines. At the time of the last named date there were less than 2000, acres of lands in Iowa subject to the disposal of the government; and arrangements were made for homesteaders to obtain com- plete title by making final proof be- fore the courts of record in the coun- ties where the land was situated. This county belonged to the Fort Dodge district, except the west range of townships, including Cedar, Dover, Marshall and Swan Lake, which be- longed to the Sioux City district.
N. B .* We, the undersigned, claim this
U. S. GRANT. BRIGHAM YOUNG. SITTING BULL.
Of course no one dared to meddle with this claim.
THE RAILROAD LANDS.
A reference has been made to the act of congress approved May 15, 1856, t granting to the state of Iowa, for the purpose of aiding in the construction of railroads across the state, every al- ternate odd-numbered section for a distance of six miles on each side of the road. This act provided that when the lines of these roads should
The land office at Fort Dodge was a matter of great convenience to all the be definitely fixed, if it should appear settlers in the eastern part of this that any section or part thereof thus county, for they had opportunity to granted had been previously sold or visit the office and report their intend- pre-empted, then the railway com- ed settlement while on the way to panies might select, subject to the ap- their lands. By this means they were proval of the Secretary of the Inte- freed from all anxiety and fear on the rior, from the unoccupied and unsold part of the "claim jumper." Those lands nearest their line of railway, so who located claims in the west range much land in alternate sections as of townships, had to go to the office at should equal the amount thereof sold Sioux City and it was not an unusual or pre-empted; but the lands thus lo- occurrence for the settler to find that cated should in no case be more than the lands he had selected were either fifteen miles distant from the line of bought or taken by others before he the railroad. Under this provision, arrived and gained the attention of it will be perceived, the belt of rail- the register of the land office, espe- road lands would naturally vary all cially if he discovered to others on the way from six to fifteen miles on the way the location of his claim and each side of the line of the railway.
spoke very highly of its merits. We
The legislature of Iowa, by an act learn there are residents of this county at a special session held in Iowa City today who had this experience when and approved July 14, 1856, made a the rush of settlers came to this sec- grant of these lands to the Dubuque tion with the advent of the railway, & Pacific R. R. Co. upon the condi- about the year 1870.
The story is told that a certain chap, who selected a claim a little further west, made a free use of the names of several of the most prominent men in this country at that time in order to hold it while he went to the land of- fice. This was done in a very effect- tice." ive manner by tacking to a stake set
tion that the company should com- plete and equip 75 miles of its main line within three years from Dec. 1, 1856, 30 miles in addition each year thereafter for five years, and the re- mainder of their road including a *From "Nota bene" and means "Take No-
+Page 81.
243
PIONEER PERIOD.
branch from Dubuque to the mouth
In the year 1860, Morris K. Jesup, of the Tete des Morts, ¿ within one year Platt Smith, W. W. Hamilton and thereafter,-Dec. 1, 1865. The main Herman Gelpecke had become the line of this company was to extend successors of Messrs. Hewitt, Walker, from Dubuque to Sioux City.
Schuchardt and Raymond as trustees
All persons who, at the time this of the Dubuque & Pacific R. R. Co. A grant was made, held valid claims by large amount of bonds had been is- actual occupation and improvement sued under the mortgage of March 14, upon any of these railway sections 1857, and default in the payment of were protected in their rights, but to the interest having been made, these secure this protection, within three trustees brought an action of fore- months from the passage of this act, closure in the district court of Du- they had to prove to the satisfaction buque county at the August term, of the county judge that their claim 1860, against the railway company and was valid and existed at the time the a decree of foreclosure was entered grant was made; then on the pay- August 21, 1860, by which it was or- ment of $2.50 an acre they were en- dered that these trustees recover of titled to a patent for the land.
By an act of the legislature of Iowa, . approved Jan. 28, 1857, the five railway companies in Iowa, to whom the first grants in Iowa had been made,* were allowed to execute mortgages or deeds of trust upon these odd- numbered sections of railroad lands for the purpose of securing the funds necessary to complete the construc- tion of their respective railroads.
Under the provisions of this act the Dubuque & Pacific R. R. Co. on March 14, 1857, executed a trust deed of all their lands along their proposed route, to Abram S. Hewitt, Thomas E. Walker, Frederick Schuchardt and Curtis B. Raymond, trustees of said company, for the sum of $12,000,000 secured by 12,000 construction bonds of $1000 each, with the right to issue a further amount of 3,000 similar
the Dubuque & Pacific R. R. Co. the sum of $1,722,510, and if payment of this amount was not made in ten days then the equity of redemption should be forever barred and fore- closed. In contemplation of this fore- closure, a large number of persons who were interested in the railway com- pany, as holders of its bonds and stock, formed a new company under the name of the Dubuque & Sioux City R. R. Co., to become the successor of the Dubuque & Pacific R. R. Co., for the purpose of acquiring all their rights, privileges and land grants, and to complete the construction of the railroad. This deed was executed by the president and secretary of the railway company and also by Morris K. Jesup and others, trustees, default having been made.
On April 7, 1862, an act of the Gen- bonds, making on the whole a sum not eral Assembly of Iowa was approved exceeding $15,000,000. To secure the requiring the Dubuque & Sioux payment of these bonds the railway City R. R. Co. to release all the company conveyed to these trustees "swamp and overflowed" lands with- all their right, title and interest in in the fifteen-mile limit of the road the public lands granted to it.
ĮTa'ta de More, a creek near Sabula.
*Burlington & Missourl River. (now C. B. & Q.) Mississippi and Missouri River, (now the C. R. I. & P.) Iowa Central Air Line, (now C. & N. W.) Dubuque & Pacific, (now Ill. Cen- tral, ) and McGregor & Missouri River (now C. M. & St. P.)
to the county in which they were sit- uated, according to the act of con- gress approved March 3, 1857. In con- sideration of this relinquishment of the "swamp and overflowed" lands, the time of completion of any part of the road was extended one year.
244
PIONEER HISTORY OF POCAHONTAS COUNTY, IOWA.
On December 1, 1866, when it should the south half of Center, Sherman and have been completed, this road ex- Marshall, in the third tier of town- tended only to Iowa Falls, and the ships, and all or parts of sections 29, company failed and refused to execute 31, 32, 33 and 35, Swan Lake township. the release of the swamp and over- Previous to the transfer of its in- flowed lands as required by the act of terest to the Dubuque & Sioux City the legislature of Iowa, April 7, 1862. R. R. Co., Aug. 24, 1860, thie Dubuque By an act approved March 10, 1868, & Pacific Co. had built the road. to the General Assembly of Iowa de- Waterloo, a distance of 80 miles, and clared the forfeiture of the lands had disposed of a large amount of their granted to the Dubuque & Pacific lands to eastern capitalists, who in (now Dubuque & Sioux City) R. R. turn sold them to settlers at $1.25 to Co. beyond the extension of their line $2.50 an acre and all the titles thus and their reversion to the state of given were good.
Iowa. All their lands in Lincoln township On January 7, 1868, the Dubuque & Sioux City R. R. Co. conveyed so much of the Dubuque & Sioux City rail- road as remained to be constructed were sold to the Artisan's Bank of New York city, and this bank becom- ing insolvent, the railroad lands in that township were ordered by the at that time and the pro ratio of six courts of the state of New York to be sections a mile of the lands granted by congress to aid in the construction of this road west of Iowa Falls, to the Iowa Falls & Sioux City R. R. Co. sold at public auction. This sale was held in the city of New York, July 23, 1862, and the purchasers were Geo. W. Powers, Jacob S. Carter, John E. Cor- with and Charles J. Forrest.
The Iowa Falls & Sioux City R. R. Co. was formed to complete the construction of the road from Iowa Falls to Sioux City, and the Du- buque, Bellevue & Sabula R. R. Co. was organized to construct the Tete des Morts branch along the west bank of the Mississippi river south from Dubuque. On April 7, 1868, an act of the General Assembly of Iowa was ap- proved that renewed the grant of lands forfeited by the Dubuque & Pacific (per the Dubuque & Sioux City) R. R. Co. to the two compa- nies last named, upon the condition that the main line be completed to Fort Dodge by July 1, 1869 and to Sioux City before January 1, 1872.
They also sold a great many of their lands in this county to a company composed of some twelve men in Bos- ton, who organized themselves into the corporation known as the "Iowa Homestead Company," and appointed Geo. J. Forrest, Wm. J. Barney and Frederick C. Gebhardt their trustees. These trustees acquired the title to these lands direct from the railroad company and held them for the Iowa Homestead Co. until about March. 1880, when they sold them to the Iowa Land & Loan Co., of which Joseph Sampson, of Sioux City, (then at Storm Lake) was president for many years.
The railroad lands in the south half of Center township were included in the grant received by the Dubuque & Sioux City R. R. Co., and all of these south of section 15, including sections 15, 17, 19, 21, 23, 25, 27, 29, 31, 33 and 35 were sold to Warrick Price, of Cleve- land, Ohio.
DUBUQUE & SIOUX CITY R. R. LANDS .- Under these enactments the following lands in Pocahontas county were assigned to the Dubuque & Pacific (Illinois Central) R. R. Co., name- ly: All the odd-numbered sections in Lizard, Bellville, Colfax, Cedar, Dover, Grant, Lincoln and Lake townships, The Rogers' Locomotive company, embracing the two south tiers, and in of New Jersey, in compensation for
245
PIONEER PERIOD.
supplies furnished the Dubuque & Missouri River R. R. Co." was organ- Pacific R. R. Co. and their successors, ized to build a railroad from McGreg- became the owners of 4,800 acres of or, in Allamakee county, to a point the lands granted this company in on the Missouri river, and on July 19, this county, located in Lizard, Bell- 1867, this company received a grant ville, Colfax, Sherman and Grant that included the following lands in townships. Pocahontas county: Part of sections
DES MOINES VALLEY R. R. LANDS. 7 and 9 in Clinton township, part of -The Des Moines Valley Railroad Co. section 3 in Des Moines, part of all the was organized to build a railroad odd-numbered sections from 3 to 35 in from Des Moines to the north line of this state along the Des Moines river, and this company received a grant of Washington, part of sections 1 and 3 in Sherman and part of sections 1, 3, 5, 7, 9 and 11 in Center township. The land along the line of its railway un- patent for these lands was issued by der the act of congress approved July the State of Iowa, Dec. 20, 1880.
12, 1862. Their lands in this county were located in the north and eastern parts of it, as follows:
Clinton township-All of sections 19, 23, 25, 27, 29, 31, 33, 35 and part of Sec. 3, 5, 7, 9, 11, 13, 15, 17 and 21.
Des Moines-All of section 1 and part of section 3, 5, 7, 9, 15, 17, 19, 21, 23, 25, 27, 29, 31 and 33.
Powhatan-All of sections 13 and 22, and part of Sec. 1, 3, 11, 18, 19, 21, 26 and 27.
Swan Lake-All of section 1, 5 and 8, and part of sections 3, 4, 6, 7, 9, 17, 18 Co., which in 1881 built the railroad and 20.
The fact that so many parts of sec- branch of the Chicago & Northwestern tions appear in this grant is due to system, received no grant of lands nor the fact the government had issued any public aid along its line in this scrip to many persons, especially sol- county. diers, in compensation for services OTHER LAND GRANTS. rendered the government, and those who held this scrip had purchased therewith parts of these sections be- fore the grant was made to this rail- road company.
In the year 1877, the Des Moines Valley R. R. Co., having completed its line only to Fort Dodge via Tara, went into liquidation and the Des Moines and Fort Dodge R. R. Co. be- came its successor. In 1881 it extend- ed the railway through this county to Ruthven and secured possession of the lands previously granted.
MCGREGOR AND MISSOURI RIVER R. R. LANDS,-The McGregor and City R. R. Co.
It is not known that this company built any railroad, and its successor, the Chicago, Milwaukee & St. Paul, R. R. Co., built none in this county nor within fifteen miles of it, but they acquired the lands, franchises, etc., the former company. This company made sales directly to the settlers and favored all of them with a rebate on the purchasing price that broke a certain number of acres within a specified time.
The Toledo & Northwestern R. R.
passing through Rolfe and Laurens, a
There have been approved to Iowa, under the several grants of congress, above 8,000,000 acres of land, or nearly one-fourth of the entire state. Of this amount about 400,000 acres were approved to the state to aid in the improvement of the Des Moines river; 1,500,000 acres for the support of the public schools; 204,000 acres for the support of the Agricultural College; 45,000 acres of saline lands, the unsold portion of which was transferred to the State University by an act of the General Assembly of Iowa approved
*The successor of the McGregor & Sioux
246
PIONEER HISTORY OF POCAHONTAS COUNTY, IOWA.
March 25, 1864; 4,675,000 acres to aid ter (Sec. 13) 240; Swan Lake (Sec. 30) in the construction of the first rail- 80; Marshall (Sec. 8, 18, 20) 1214; total, ways across the state; and 1,570,000 1534 acres. acres of swamp lands, including those Clinton county, March 20, 1870, in for which cash and land indemnity Dover (Sec. 10) 40, and Swan Lake had been allowed.
(Sec. 2, 22, 24, 34) 400; total, 440 acres.
Cedar county, in Washington town- ship (Sec. 5, 7, 17, 18) 1064 acres.
THE DISTRICT AND CIRCUIT COURTS; FIRST SESSIONS.
The first record of a term of the dis- trict court and of a trial before it is of date, "Highland, Nov. 2, 1860." Hon. A. W. Hubbard, of Woodbury county, was the presiding judge, and the first case was entitled:
A. K. HILL VS. PERRY NOWLEN,
and W. H. Hait appeared as the attor-
Ten other counties in the earlier ney for the plaintiff.
settled portions of this state, located 14,086 acres in this county. The selec- this term of the court and it was en- tion and location of these lands was titled "John M. Stockdale vs. John C. as follows:
Straight."
Thomas McCormick, a native of Ireland, was declared a citizen of the United States.
These items represent the business done at this first session of the dis- trict court in this county, and both the record and attestation thereof are in the handwriting of Judge Hubbard.
The time for the next term of court was May 22, 1862, but the only case in
Butler county, June 20, 1865, in Lin- hand was granted a change of venue coln (Sec. 18) 214; Grant (Sec. 2, 6, 14) to Kossuth county by reason of the 608; Center (Sec. 2, 6, 18, 30) 767; Sher- fact it was impossible to secure a jury man (Sec. 4, 6, 18) 771; total, 1684 acres. of twelve men in this county for the
Allamakee county, June 27, 1865, in trial of it. This change of venue was Powhatan (Sec. 8, 10, 28, 30, 34) 1787 granted by the judge without coming
to this county, and all the other items
Bremer county, June 29, 1865, in of business were postponed until the acres.
Center (Sec. 4) 130; Lake (Sec. 6, 18, 30) next session of the court.
304; Powhatan (Sec. 32) 560; and Wash- ington (Sec. 18, 20, 22) 880; total, 1870 acres. The next records of the district court are of date Oct. 31, 1863, and show the business done at the second Dubuque county, Nov. 18, 1865, in session of the court. At this date Lake township, lot No. 2 of Sec. 22, Isaac Pendleton, of Woodbury county, had become the successor of Judge
31 acres.
Jasper county, Feb. 17, 1869, in Cen- Hubbard and, not arriving until the
The grant in Pocahontas county for the support of the public schools, em- braced section number 16 in each township, or 10,240 acres.
Of the Agricultural College. lands, 4,730 acres were located in this county on Jan. 13th and April 15th, 1869, un- der the act approved Dec. 16, 1864. Of this amount 1,760 acres were located in Bellville township, (Sec. 14, 28, 31, 32 and 36) and the remainder in Colfax (Sec. 18, 20), Lizard (Sec. 20, 28), Mar- shall (Sec. 22, 26), and Swan Lake (Sec. 26, 34, 36), townships.
Tama county, Sept. 23, 1864, in Pow- hatan township (Sec. 2, 3, 6) 1031 acres.
Johnson county, Dec. 28, 1864, in Powhatan (Sec. 8, 18) 400 acres, and Washington (Sec. 4, 6, 10) 1081 acres; total 1481 acres.
Buchanan county, Feb. 28, 1865, in Powhatan (Sec. 20) 200 acres and in Washington (Sec. 2, 14) 600 acres; total 800 acres.
Only one other case was tried at
247
PIONEER PERIOD.
third day of the session, Philip Rus- sell, the clerk of the court, main- tained the session by opening the many. court each day at the appointed hour and then adjourning it from day to land. day until the time of his arrival.
There were twenty-two other coun- ties in Northwest Iowa in this judi- cial district at this date and the dis- trict court held only one session each year in thirteen of them, Pocahontas being among this number. In the other nine counties two sessions were held annually.
1871, May 1, John Kreul, Germany. 1871, May 1, Peter H. Niemand, Ger-
1871, May 1, Robert Lothian, Scot-
HAIT'S SAWMILL.
The only sawmill ever erected in the county was the one located at Old Rolfe in 1860, by Wm. E. Clark and John M. Stockdale for the purpose of sawing the material for the first court house and bridge over the Des Moines river at that place. It consisted of a circular saw run by steam and was lo-
In 1869; the "circuit court" was es- cated near the residence of W. H. tablished for the purpose of holding Hait on section 26, Des Moines town- two sessions each year in every county. ship. After the completion of the The first session of this court in this court house and bridge, Mr. Hait county was held at (Old) Rolfe, May 4, bought it and retained possession of it 1869, by Judge Jared M. Snyder, of until 1870, when it was sold to the Humboldt county, and only two items owner of a grist-mill in Webster coun- of business were transacted that be- ty. came matters of record. James N. The first one who died in this coun- Prouty made application and was ad- ty was Patrick Calligan, in the Lizard mitted to the practice of law before settlement, in August 1856.
this court. He then presented to the
court Thomas Peters, a foreigner, and in the limits of the county were Rose
secured his naturalization. When the second session of the court was held in this county, Feb. 8, 1870, sev- ter of Mr. and Mrs. John Calligan, eral state and probate cases were heard and disposed of.
On the records of the courts during 1858; Mary, daughter of Mr. and Mrs. this period the names of the following Michael Walsh, April 10, 1858, and persons appear as applicants for nat- Charles Joseph, son of Mr. and Mrs. uralization, the date given being the Charles Kelley, May 6, 1858. All of one on which the final papers were is- these belonged to the Lizard settle- sued and the country, their native ment. The portraits of all but two of place: these persons may be seen in this vol-
1860, Jan. 3, Robert Struthers, Scot- ume. land.
The first birth in the Des Moines
1861, Aug. 23, James Hood, Canada. settlement occurred on January 1, 1863, Nov. 2, William Struthers, 1859, when Ellen, a daughter of Mr. Canada.
1864, Feb. 2, Matthew Tilley, Eng- She is now Mrs. Richard Mathers, of land.
1867, June 4, John Weise, Prussia.
The first marriage in this county oc-
1867, June 4, Michael Weise, Prussia. curred in the Des Moines settlement December 30, 1859. The ceremony was
1869, May 4, Thomas Peters
1871, Feb. 6, Bernard Stegge, Cer- performed by Samuel N. Harris, clerk of the district court. and the con-
many.
The first white children born with- Ann, daughter of Mr. and Mrs. James Donahoe, Feb. 23, 1857; Maggie, daugh-
Aug. 11, 1857; Annie, daughter of Mr. and Mrs. Michael Collins, March 10,
and Mrs. Robert Struthers, was born. Clinton township.
248
PIONEER HISTORY OF POCAHONTAS COUNTY, IOWA.
tracting parties were Michael O'Boyle Miss Elizabeth Harris, the ceremony and Margaret Sheridan, both of Hum- being performed by Robert Struthers, boldt county. The first marriage of a justice of the peace. residents of this county occurred at On July 15, 1869, the Pocahontas
the home of Samuel N. Harris, in Journal, the first newspaper published Des Moines township, July 18, 1861. in the county was established at (Old) In this instance the contracting par- Rolfe by W. D. McEwen and J. J. ties were William Seymour Fegles and Bruce.
X
Second Period, 1870 to 1882-Period of Railroad Construction and Township Organization.
"While I behold the rushing tide of life, Advancing westward, covering all the land, A land, the richest in the fertile world, The glorious garden of the peopled eartlı, Budding, blossoming like the lovely rose, I ask myself, what will this country be When for its development time is given?"-L. BROWN.
THE FIRST RAILROAD.
Tthe beginningof this following; to Fort Dodge in May and period, it may be said to Pomeroy Dec. 25, 1869. This rail- "The movers came road reached Cedar creek on the bank by dozens, staked of which Fonda now stands, about their claims and May 1, 1870, and was completed at built their cabins." Storm Lake July 4, following. The The year 1870 marks a new era in west half of this railroad was built the history of this county. It was from Sioux City to Storm Lake.
during this year the first railroad was
William Bott, who is still an hon- built through its borders, and this ored resident of Fonda, superintended event gave a new impetus to the set- the laying of the track of this first tlement of the county, that was felt railroad from Iowa Falls to Storm in every township, but most in those Lake and, as a foreman of track-lands situated in the southwestern part of continued in the employ of the rail- it.
road company for a number of years
In 1866 the Dubuque & Sioux City afterward. IIe and his family were R. R. Co. had secured the extension of the first occupants of the depot at their line from Dubuque to Iowa Fonda, and they enjoyed this luxury Falls, a distance of 143 miles, but there until the arrival of the first ticket and it rested. In October, 1868, John I. freight agent, Geo. Fairburn, a young Blair, of Blairstown, N. J., contractor man from Dubuque, full of hope, and builder for the lowa Falls & pluck and energy, well equipped for Sioux City R. R. Co., began the exten- all the duties of this new and responsi- sion of the road to Sioux City, a dis- ble situation on tlie frontier, and who, tance of 183 miles. This railroad was from that date, Oct. 15, 1870, until the completed to Webster City Dec. 31st, present time, has been prominently
249
SECOND PERIOD, 1870-1882.
identified with the public and busi- by the Construction Co .* ness interests of the new city then founded, first called Marvin, now Fonda.
The completion of the Iowa Falls & Sioux City railroad was signalized by the construction company running an excursion train from Fort Dodge to Sioux City on July 4, 1870. This train consisted of an engine profusely dec- orated with flags, several open flat- cars and a caboose; and most of the passengers were workmen and those who were interested in the rail- road.
Among those who came on this train to see the location of the new town on the east bank of Cedar creek, was Abram Weaver, of Deer- field, New York, the present owner of section 1, Cedar township. On this, his first visit to this section he made the purchase of the west half of that section and two other tracts of land in the vicinity of Twin Lakes.
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