USA > Wisconsin > Iowa County > History of Iowa County, Wisconsin > Part 78
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In March, 1871, in deference to a minority of the electors of the town of Ridgeway, an election was held to vote on the question of dividing the town in the center on the north-and- south line and erecting two new towns. The proposition was defeated at the polls. Dur- ing this year, the Treasurer's books, on examination, failed to correspond with the sworn returns of George H. Otis, the late Treasurer. A deficit was evident, and criminal proceed- ings were instituted against the offender. Armed with a State warrant, the Sheriff proceeded to arrest the defaulter, who, getting wind of his approach, fled from the country. A true bill was returned against him by the grand jury at the next session of the County Court, but Otis has since managed to evade the "lynx-eyed law " and retain his personal liberty. Another case of embezzlement cropped up in 1872, when Francis Vivian, a venerable and trusted officer of the county, was accused of not returning to the Board of Supervisors various sums of money received and entered in his books. The accused strenuously asseverated his complete innocence of the grave charge, and volunteered to submit his books to be andited by a special committee. The examination revealed a deficiency of about $15,000, and also demonstrated that the ex- Sheriff had been victimized to that extent by the machinations of his deputies, in whom he had confided implicitly. Mr. Vivian was so deeply affected and sorely grieved by the incul- pating testimony that he was totally prostrated mentally and physically. To erase the stain occasioned by the betrayal of his subordinates, he disposed of his property, and by other means raised the amount of $5,300, with which a compromise was effected.
PAST AND PRESENT COUNTY BUILDINGS.
In 1835, the people of Mineral Point subscribed $575 toward building a court house, and the Sheriff, Levi Sterling, was directed to contraet for the erection of a suitable edifice. The specifications provided for a building 24 feet square, of hewn logs, and two stories in height. The lower floor was to be 8 feet in the clear, and the upper story was to measure 7 feet. Both stories to have strong oaken joists and sleepers, with oaken flooring of one-and-one-fourth- inch plank. The upper story was to be divided into four rooms with plank partitions, and the roof was to be covered with shingles in a workmanlike manner. Winding stairs, encased from the level of the windows, were to communicate with the upper floor. Three rooms were to have one window each, and the doors were to be hung with good butt hinges and screws. The Judges' bench was to be elevated two feet from the level of the floor, with proper steps. A table seven feet long was to be provided for the bar and Clerk of the Court. Both rooms on the upper and lower floor were to be supplied with seats for the jury. The upper rooms were to be ceiled with half-inch plank having the under side dressed. The building was to be well stocked and pointed with lime mortar ; furnished with good and sufficient sash for the windows, with good glass put in with putty. The Sheriff was allowed the option of using stone or wood for the floor of the lower story.
During the year 1842, the necessity of a county building for the centralization of the county business, was rendered obviously manifest by the incessant inconvenience occasioned by the loca- tion of the courts and Sheriff's offices in one part of the town, while the other officers were quar- tered elsewhere. The loss of time and delays inseparable from such a wretched condition, prompted the Board of Supervisors to advertise for proposals, for the erection of a commodious building, containing accommodations for the dispatch of all county business. The tenders were opened July 28, 1842, when the contract was awarded to Eleazar Smith and Michael Carson, whose joint bid for $6,150 was declared the lowest. The contractors accepted the Supervisor's terms, and furnished bonds guaranteeing the completion of the building, ready for the reception of the officers, in June, 1843. To vacate the site of the new building, the ancient court house
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was sold at public auction July 31, 1842, with a stipulation that the purchaser should remove the structure back forty feet, and leave it in good condition, to be delivered when vacated by the county in 1843.
At a meeting of the County Board April 25, 1843, the Presbyterian Church of Mineral Point, through their agent, Mr. John Bracken, proposed to loan the county of Iowa the sum of $500, and $100 additional if the funds of the society admitted it, conditional that the county was to give that denomination the exclusive use of the court-room for religious services, when not occupied for other purposes. They were not to receive any interest on the loan, and, if funds were available, they were to add a bell to the court house. At any time when the board desired to refund the money, the society's privileges were to cease. This liberal offer was instantly ac- cepted, and John Bracken was ordered to pay the money to the court house contractors as the work advanced. This resolution was subsequently rescinded, when it was learned that the so- ciety refused to indorse the action of their agent. who, they claimed, was not empowered to act for them. From this date, the work progressed at a snail-like pace, owing to the want of money which crippled the contractors. A subscription list was opened at Francis J. Dunn's office, by some publie-spirited citizens of Mineral Point, and the sum of $600 was quickly realized.
About this time, the specifications were altered in such a manner as to revolutionize the original plan, and work a decided improvement in the external appearance of the building. The roof was changed from a conical shape, to a straight pitch with a pediment. The dome was removed from the center of the building to the front, and re-constructed according to a plan drawn by E. Penoga, for a court house at Rockford, Ill. Four columns twenty-eight feet in height were erected, to make a portico ten feet in width. For these extras, the builders were allowed $1,318.50.
In 1872, increased duties of the county offices, incidental to a growing business, rendered imperative the demand for more commodious quarters. The jail and Sheriff's residence still re- tained their original location, occupying the south half of the court house, to the exclusion of more important offices. With a thought to the future demands of an extensive population, the erec- tion of an independent building for a jail was deemed advisable. The lower floor of the court house was remodeled into offices at an expense of $2,400. A substantial stone jail and Sheriff's residence were erected at the same time, involving an expenditure of $12,500. The design of the jail is the embodiment of the best points contained in draughts of the Milwaukee and Lan- caster prisons. The jail measures on the ground, 32x34 feet, and is seventeen feet high above the water-table. The walls are of stone, lined on the inside with one-quarter-inch boiler-iron plate. The interior is divided into eight compartments or cells, arranged in two tiers, the upper two being reached by an iron stairway and balcony. The Sheriff's domicile is a comfortable stone residence, measuring 22x40 feet in area, and twenty feet high.
The town of Eden was platted and set off January 4, 1877, when the first election was held in the schoolhouse of District No. 9. Eden was erected by taking twenty-six sections from Town 6, Range 1, of Highland, and eight sections in Town 6, Range 2 east.
In 1877, a petition signed by several hundred voters was presented to the Board of Super- visors, asking that the town of Dodgeville be separated from the village of the same title, for assessment purposes. The committee to whom the bill was referred, reported. that, upon careful examination of the law. they found that such separation would deprive the villagers of a govern- ment, as their charter conferred no power, and made no provision for the assessment and collec- tion of taxes, or for holding elections other than for the election of village officers. The result. therefore, of granting the petition, would be to disfranchise the inhabitants of the village of Dodgeville until such time as an amendment to their charter could be procured from the Legis- lature. In accordance with the report, the petition was placed on file.
Heretofore, the sessions of the board had been guided by the dictates of prudence, and log- ical discussion was always admitted without regard to the irrelevancy of the subject. To termi- nate all idle wrangling, and to conduct deliberations with a dignity commensurate with their importance, a code of rules was adopted October 26, 1877. The rules of parliamentary practice
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as comprised in Jefferson's code, were constituted the standard authority. The following standing committees were struck off: On General Claims, Tax Claims, Equalization and Assessment, Finances and Taxation, Public Property, Treasurer's Accounts and Clerk's Accounts. All bus- iness coming under notice of the board must await a report of the respective committees prior to being ultimately disposed of.
JUDICIAL DISTRICTS AND FIRST CASES.
Before the organization of the county of Iowa, the inhabitants of the territory now embraced by Grant, La Fayette and Iowa Counties, were wont to adjust their grievances in a legal manner before the United States District Court, then represented by Judge Duane Doty at Prairie du Chien, the county seat of Crawford County. Subsequent to 1829, the civil and criminal calendar was governed by the county Justices of the Peace, who, in the event of a grievous misdemeanor. after a hearing, would commit the offender for trial at Prairie du Chien.
The counties of Iowa and Crawford, by an act approved November 15, 1836, were consti- tuted the First Judicial District. Charles Dunn, Chief Justice of the Supreme Court of Wisconsin, was appointed first Judge of the First District. The first annual court should be convened for Iowa County on the third Monday of May and the first Monday of October, being twice a year.
The first divorces in Iowa County were effected by acts of December 8 and 9, 1837. whereby bills of separation were granted to John and Mary McArthur, and A. W. Floyd and Eleanor Floyd.
The first term of the United States District Court for this county was convened at the Court House in Mineral Point on the third Monday of May, 1837, by Hon. Charles Dunn, Chief Justice of the Territory and sole Judge of the said court. The court was opened by Justice De Seelhorst, Sheriff, who returned into court a panel of grand jurors, consisting of the following persons :
James Connor, Francis Kirkpatrick, Paschal Bequette, Franklin Washburne, Richard H. McGoon. John Van Metre, James C. Wright, Charles Galloway, John Metcalf, Robert C. Hoard, Augustus C. Dodge, John R. Coons, John Moore, John Messersmithi. Jr., Milton Bevans, Olvin P. Williams, Colby Frost, Thomas S. Denson, Andrew Dunn, Joshua McShain, John Loofborrow, Armstead W. Floyd and John Milton.
The court having appointed Edward McSherry Clerk of the Court, he appeared and quali- fied by taking the requisite oath of office. Robert Dougherty was chosen Deputy Clerk.
William T. Chapman was appointed County Attorney.
On motion of the Attorney General, an order was granted by the court for a grand jury, the order being made "returnable instanter." On calling the panel of jurors, fifteen responded to their names, and the remaining nine were adjudged guilty of contempt and a fine entered against their names. On the delinquent jurors appearing next day and advancing apologies for their remissness, the fines were remitted by order of the court.
Moses M. Strong and Charles S. Hempstead, on motion of Thomas P. Burnett were admitted to the practice of their profession as advocates at the bar of Iowa County. Cyrus S. Jacobs presented his license, and was accorded the same privilege.
The first case heard by the court was that of Ira and Milton Bevans vs. Joseph Morrison, on a question of law. Parley Eaton moved before the court for a rule upon the Justice before whom the proceedings were heard in this suit, to make a return for reasons filed. The motion was taken under advisement.
The next two cases were those of James Petty vs. Phillip Jackson for trespass, and Will- iam B. Heather vs. Ralph Goldsworthy, in appeal.
The two first judgments recorded were entered against two prominent pioneers for the simple offense of assault and battery. The date of entry was May 11, 1837.
In the suit of the United States vs. Jamieson Hamilton, the defendant was mulcted in a fine of $10, regardless of his plea of "not guilty." The second case was against Henry L. Dodge, who was condemned to pay $3 and costs. amounting to $11.182.
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TIIE COUNTY SEAT WAR.
Dodgeville provoked the embittered struggle, and always acted on the offensive. By the astute generalship and liberality of her citizens, the superior natural advantages of Mineral Point were developed into insignificance, and its officers were reluctantly forced to imbrue themselves in the conflict. With nothing to gain, and everything to lose, the combat was un- equal, and, solely for the purpose of preserving her institutions against hostile invasion, the people of Mineral Point took up the defensive.
The first presentment of the impending trouble, loomed up on the political horizon in 1855, when two petitions were presented to the Legislature, praying for the removal of the county seat. One memorial, comprising 1,300 signatures, favored the selection of Dodgeville, and the other document, representing the views of 600 voters, urged the eligibility of Linden. The latter bill was thrown into the shade by the preponderance of opinion in favor of the former village. The Dodgeville bill was referred to a select committee of the Senate.
The Select Committee to whom was referred the Senate Bill No. 139, " A Bill to provide for the removal of the county seat of Iowa County from Mineral Point to Dodgeville," reported as follows : Upon the merits of the ques- tion involved in said bill, your committee are not of the opinion that it would be for the welfare of the people of the whole county of Iowa, or of the majority, to remove the county seat from Mineral Point to Dodgeville at the present time.
The majority of your committee are well acquainted with all sections and portions of the county of Iowa, and, while they readily admit the fact, that, in ordinary cases, the county seat should be as near as practicable to the geographical center of the county, yet there may be, and often are, instances where it is equally or more convenient and desirable to the whole people of a county, as a community, that the seat of justice should be located at a point quite remote from the geographical center. Such an instance, in the opinion of your committee, is presented by the county of lowa, as at present exhibited and settled. This is chiefly owing to the peculiar relative positions of the mining and farming settlements, and towns in said county, and the greater density of the former over the latter.
The county seat of Iowa County as at present bounded and organized, was located at Mineral Point by a vote of the people, after a spirited contest in 1847, since which time the inhabitants of the county have with great una- nimity acquiesced in its permanent location there. At that point, the county has all the necessary buildings for county purposes.
The county of Iowa has been peculiarly and unfortunately situated. Once embracing nearly three-fourths of the territory constituting our State, in the erection of public buildings and other sources of expenditure incident to a large, though sparsely settled country, she, at an early day, became deeply involved in debt, but a small portion of which has been paid or assumed by either of the flourishing and vigorous counties which have, from time to time, been organized from the borders of "old lowa;" hence, she has for years been struggling along, crippled in her resources, her paper scarcely worth 50 cents, and her taxes most grievous to be borne. But now, thanks to the flourishing times, abundant crops, and low taxes of the last two or three years, but more particularly to the prudent manner in which affairs of said county have been managed since the adoption of the town system of government therein, her " oldest inhabitant" now for the first time sees his county out of debt, and her paper as good as cash at one hundred cents on the dollar. Under the above circumstances, your committee do not believe that a majority of the citizens of said county are desirous of moving their county seat eight miles to the village of Dodgeville, and enacting over the struggle of embarrassment and indebtedness necessarily incident to the erection of new county bnillings, etc., from which she has just emerged.
Your committee are of opinion that questions which give rise to so much excitement of a personal and sectional character, and which are so frequently followed by expensive and voxatious litigation as county seat questions often are, should be submitted to a vote of the people at the polls, except in cases of urgent public necessity, or at the demind of at least a large minority of those interested. We are of opinion that no such necessity or demand exists in the present instance.
"The chairman of your committee who introduced the bill under consideration, did so at the request of some three or four citizens of Dodgeville, who demanded its introduction as a matter of right, your chairman hopes in good faith. If, however, their main object or that of others operating through them, was to get the opinion on this subject of a legislative committee in general, or the chairman of your committee in particular, we trust they will not consider themselves disappointed.
Believing that no good object would be obtained by the passage of said bill, your committee recommend that it be indefinitely postponed.
Sigued.
AMASA Conn, Chairman. CHARLES DUNN, D. TAYLOR.
The question of removal was mooted again in 1858, and a bill introduced into the Legisla- ture, submitting the question to the vote of the electors at the general elections in the following November. This bill passed a final reading and was approved April 28, 1858. When the bill was before the House, Levi Sterling, a member of the Assembly from Iowa County, took a
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determined stand, opposing its passage. He objected to the proposed removal, on the ground of increased taxation, consequent on an augmented debt, which, in the prevalent financial strin- gency, was unadvisable. He likewise advanced a cogent argument in the title of the land, whereon the court house was erected, being vested in the city of Mineral Point, and that, on vacating the premises, the building would advert to that city, as the title was only valid so long as the county retained possession.
In the interregnum pending the election, Dodgeville citizens proposed to indemnify the county for any possible damages arising from a change of location. By act of the Legislature, bonds amounting to $8,000 were issued and deposited with the County Treasurer in trust, for a building fund. This amount was afterward increased by voluntary contributions.
At the November elections, the electors, by a majority of 350. declared in favor of removal. At the announcement of the result, the county was convulsed to its very center, and, in the southern portions, the utterances were dire and deep, strongly denunciatory of the canvass as fraudulent. The northern section was satisfied with the gain, and took no pains to conceal their manifestations of triumph over their late antagonists. The existence of the two clements so diametrically opposed in their views, bred a hostility that threatened to embroil the partisans in a bitter enmity.
At the January session of the Board of Supervisors, in accordance with a resolution pre- sented by L. W. Joiner, Francis Little, Gardiner C. Meiggs and Mr. Joiner, were constituted a building committee, with power to prepare plans and specifications for a building of sufficient capacity and suitable construction for a court house and jail, with proper juror's rooms and jailor's residence, not to exceed in cost $10,000. The Dodgeville bonds for $8,000 were accepted at par toward defraying the cost of the building. The committee was to select a site, and, after receiving a warranty decd for it, they were to advertise for proposals and lease the contract to the lowest tender. To facilitate the business of the board, the use of the town hall was offered free of rental. The county offices were then removed to Dodgeville, where the ensuing meeting of the board convened on July 11, 1859.
Before the elcetion, the residents of Mineral Point were prone to regard the agitation as the vaporing of a few malcontents, with an ephemeral influence that could never materially affect their interests. Aroused to a full appreciation of the situation, a few of the leading men coun- seled together and discussed the best measures to reverse the popular decision. A loophole of escape was presented by the defective law under which the election was conducted. Immediate steps were adopted to annul the election, and to this effect a formal demand was made upon the Reg- ister of Deeds, Joseph Lean, to remove his office and papers back to Mineral Point. The demand was not entertained. The illegality of the election was finally determined in the Supreme Court on an application for a writ of mandamus to compel Joseph Lean, Register of Deeds, to remove his office to Mineral Point. Judge Cothren appeared as counsel for Mineral Point, while Judge Orton represented Dodgeville. The former place contested the removal on the ground that the law did not take effect, because it was not published in accordance with the requirements of the statutes. It was also alleged that certain residents of Dodgeville executed bonds and trust deeds for the purpose of securing the erection of county buildings there in case of removal, and issued hand- bills informing the people of that fact ; and that this had a corrupting influence on the elcetors, in inducing more to vote for the removal than the actual majority in favor of it.
The court announced its decision by Associate Payne, holding the objections valid, and giving Dodgeville twenty days to establish its proofs of legal publication, in default of which judgment would go in favor of Mineral Point. An ultimate decision was arrived at on July 11, 1859, whereby the election was annulled. The judgment was delivered by Judge Payne, Justice Cole dissenting. T. J. Otis was the courier who conveyed the welcome intelligence to the well nigh frantie residents of Mineral Point. Although the messenger arrived at 3 o'clock in the morning, within a very few minutes the entire population was aroused by the clangor of church bells, the boom of cannon and the rattle of musketry. Bewildered, the citizens sprang from their beds, and, in disheveled attire, rushed into the streets, where they were speedily
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apprised of the turn in the tide of local events. About 7 o'clock, the youthful and aspiring " Young America" organized a procession, which, headed by a tin trumpet band, paraded the different streets, venting their superabundant enthusiasm in commingled noises. The city cannons not being considered equal to the occasion, a messenger was dispatched to Warren, Ill., on the morn- ing train, with instructions to charter a twelve pounder, regardless of expense. The artillery arrived in the afternoon, when a squad of amateur gunners were deputed to advance on Dodge- ville, in sufficient proximity to carry the sounds of rejoicing into "the enemy's " camp.
The animosity was so fervent that it permeated the mercantile community, and, according to their views, the merchants and traders were patronized by the adherents of their own party. At that time only two papers existed in the county, and, as both of those were in Mineral Point, Dodgeville was without an organ to expound the particular political tenets of its people. To remedy the deficiency, and to comply with the law relating to the publication of local laws, the Iowa County Advocate was founded in 1858, and, subsequently, the Herald, published also in the interests of Dodgeville, made its appearance. The Herald, having been instituted to admit of the publication of the law in two county papers, was only short lived, and lapsed into oblivion on fulfilling its functions. Partisan doctrines of the most radical character were freely promul- gated, and the salient weaknesses of the two towns were enlarged upon and distorted in an effort to win votes. Personalities were also freely indulged in. Obloquy and contumely were inter- changed with a liberality, that, in the present day of libel suits, would be fruitful of financial ruin.
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