Iowa County, Wisconsin - Chapter 18, 1881 (part 10 of 17)
From History of Iowa County, Wisconsin, Containing an Account of Its Settlement, Growth, Development and Resources...biographical Sketches.., published 1881. 15,936 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
Contents
21 sectionsThe section headings the book prints inside this chapter. Each one jumps to where it begins.
- Fort Howard, Green Bay
- Mean Stre.Ngth Treated Quarterly
- Fort Winnebago
- Fort Crawford
- Treated Quarterly
- Electors And General Elections
- Common Schools
- Abstkact Of Laws
- Assessment And Collection Of District Taxes
- Borrowing Money
- Assessment Of Taxes
- Collection Of Taxes
- Highways And Bridges
- Abstract Of Laws
- Intoxicating Liquors
- Bills Of Exchange And Promissory Notes
- Hours Of Labor
- Form Of Conveyances
- Seal
- Assignment Of Mortgage
- Title To Real Property By Descent
Parts
The book prints this as one long chapter. It is split here so no single page grows too heavy to load; the text runs continuously across the parts and nothing is omitted.
The text
15,936 wordsMachine-read from scans of History of Iowa County, Wisconsin, Containing an Account of Its Settlement, Growth, Development and Resources...biographical Sketches.., published 1881. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.
The effects of reclaiming the soil, or "breaking " as it is called in the west, have, years ago, when the state first began to be settled, been disastrous to health and to life. The moist sod being turned over in hot weather, and left to undergo through the summer a putrifying fomentative process, gave rise to the worst kind of malarial, typhoid (bilious) and dysenteric disease. Not, however, that the virulence or mortality altogether depended upon the soil emanations. These were undoubtedly .:ggravated by the absolute poverty of the early settlers, who were wanting in everything, in jjroptr homes, proper food and i>roper medical attendance, medicines and nursing. These fevers have tiwept the state years ago, particularly in the autumns of 1844 and 1845, but are now only observed from time to time in limited localities, following in the autumn the summer's "breaking." But it is pleasing to be able to add that through the advancing prosperity of the state, the greater abundance of the necessaries and comforts of life, and the facilities for obtaining medical care, the diseases incident to " settling " are much less common and much less fatal than formerly.
One of the principal reasons for gathering climatological observations, is to obtain sanitary information, which serves to show us where man may live with the greatest safety to his health. Every country, we might perhaps correctly say every state, has, if not its peculiar diseases, at least its peculiar type of diseases. And by nothing is either this type or variety of disease so much influenced as by climate. Hence the great importance of the study of climatology to health and disease, nay, even to the kind of medicine and to the regulating of the dose to be given. It is, however, best to caution the reader tliat these meteorological observations are not always made at jjoints where they would most accurately show the salubrity of a geographical district, by reason of the fact that the i>ositions were chosen not for this special purpose, but for purely military purposes. We allude to the forts of Wisconsin, from which our statistics for the most part come. Another caution it is also well to bear in mind in looking over the class of diseases reported at these stations in connection with their observations. The diseases arc those of the military of the period, a class from which no very favorable health reports could be expected, considering their habits, exposure, and the influences incidental to frontier life.
The geography of disease and climate is of special interest to the public, and a knowledge especially necessary to the state authorities, as it is only by such a knowledge that state legislation can possibly restrain or root out the endemic diseases of the state. In connection with the gathering of vital statistics must go the collection of meteorological and topographical statistics, as without these two latter the former is com])aratively useless for sanitary purposes. More ]>articularly does this apply to the malarial diseases of the state.
Acclimation is very rarely discussed or even alluded to by our people in relation to Wisconsin, for the reason that, come from whatever part of Europe men may, or from the eastern states, acclimation is acciuired for the most part unconsciously, rarely attended by any malarial affection, unless by exposure in such low, moist localities, where even the natives of the state could not live with impunity. It seems to be well eiKJugh established that where malaria exists, whether in London, New York, or Wisconsin ; where the causes of malarial disease are permanent, the effects are permanent, and that there is no positive acclimation to malaria. Hence it should follow that since life and malaria are irreconcilable, we should root out the enemy, as we readily ran by drainage and cultivation, or, where drainage is impossible, by the planting of those shrubs or trees which are found to thrive best, and thereby prove the best evaporators in such localities. Our climate, approximating as it does the 45th degree (being equi-distant from the equator and pole), would a priori be a common ground of compromise and safety, and from this geographical position is not liable to objections existing either north or south of us.
Our population is of such a confessedly heterogeneous character that naturally enough it suggests the (juestion : Has this intermingling of different nationalities sensibly affected our health conditions .' Certainly not, so far as intermarriages between the nations of the Caucasian race are concerned. This opinion is given first upon the fact that our classes of diseases have neither changed nor increased in their intensity by reason of such admixture, so far as can be learned by the statistics or the history of disease in the northwest. Lmported cases of disease are of course excepted. Second, because all that we can gather from statistics and history concerning such intermingling of blood goes to prove that it is beneficial in every respect, physically, mentally and morally.
England, of all nations, is said to be the best illustration of the good attending an intermingling of the blood of different nations, for the reason that the English character is supposed to be, comparatively speaking, good, and that of all countries she has been perhaps more frequently invaded, and to a greater or less part settled by foreign peoples than any other.
From a residence of nearly a quarter of a century in the center of Wisconsin, and from an adequate knowledge of its people, whose nationalities are so various and whose intermarriages are so common, it is at least presumable that we should have heard of or noted any peculiar or injurious results, had any such occurred. None such, however, have been observed. Some fears have been expressed concerning the influence of Celtic blood upon the American temperament, already too nervous, as is alleged. It is scarcely necessary to say that these fears are unsupported by figures or facts. Reasoning from analogy, it would seem safe to affirm (hat the general intermingling by intermarriage now going on in our population, confined to the Caucasian nationalities, will tend to preserve the good old Anglo-Saxon character, rather than to create any new character for our people. If this view needed support or confirmation, it is to be found in some very interesting truths in relation to it. Mr. Edwin Seguin, in his work on Idiocy, lays special stress on the influences of races in regard to idiocy and other infirmities, like deafness. He says that the crossing of races, which contributed to the elimination of some vices of the blood (as may be the Gase in the United States, where there are proportionally less deaf and dumb than in Europe), ]jroduces a favorable effect on the health of the population, and cites as an example, Belgium, which has fewer deaf and dumb than any country in Europe, owing to the influence of the crossing- of races in jiast ages from the crowds of northern tribes passing', mingling and partly settling there on the way to England.
We are aware that it has been predicted that our future will give us a neui type, distinct from all other ])eoples, and that with this type must come not only new diseases but modifications or aggravations of the present diseases, in particular, consumption and insanity. But so long as we are in a formative state as a nation, and that this state seems likely to continue so long as the country has lands to be occupied and there are people in Europe to occupy them, such speculations can be but of little value.
The two chief factors of the social and sanitary well-being of a people are a proper education of the man and a proper cultivation of the soil. Our two principal occupations in Wisconsin are education and agriculture, the learners in the schools being in excess of the laborers on the soil. A happier combination could scarcely be desired, to form an intelligent and a healthy people. How this will affect our habits in the future it is easy to conceive, but for the present it may be said (of so many different nationalities are we composed), that we have no habits which serve to distinguish us from the people of other northwestern states. A well-fed and a well-taught people, no matter how mi.\ed its origin, must sooner or later become homogeneous and a maker of customs. In the mean time we can only speak of our habits as those of a people in general having an abundance of food, though it is to be wished the workers ate more beef and mutton, and less salt-pork, and that whisky was less plentiful in the land. The clothing is sufficient, fuel is cheap, and the dwellings comfortable. Upon the whole, t\\e habits of the people are conducive to health. It is thought unnecessary to refer to the influence upon health in general of other occupations, for the reason that manufacturers, traders and transporters are for the most part localized, and perhaps not sufficiently numerous to exercise any marked influence on the state health.
In searching for historical data of disease in Wisconsin, we are able to go back to the year 1766, commencing with the aborigines. The Indians, says Carver, in his chapter on their diseases, in general are healthy and subject to few diseases. Consumption from fatigue and exposure he notices, but adds that the disorder to which they are most subject is 'pleurisy. They are likewise afflicted with dropsy and paralytic complaints. It is to be presumed that while Carver is speaking generally, he means his remarks to apply, perhaps, more jjarticularly to those Indians with whom he lived so long, the Sioux of this state. That they were subject to fevers is gathered from the use of their remedies for fever, the " fever bush " being an ancient Indian remedy, and ecpially valued by the inhabitants of the interior parts of the colonies. Besides this, they had their remedies for complaints of the bowels, and for all inflammatory complaints. These notices sufficiently indicate the class of diseases which have certainly followed in the wake of the Indians, and are still occurring to his white brother, making it plain enough that lung diseases, bowel complaints, and fevers are in fact native to the state. The fact must not be ignored that the Indian is subject to the same diseases as the human race in general.
After Carver, we may quote Major Long's expedition in 1824. The principal disease of the Sacs appears to be a mortification of the intestinal canal, more common among men than women, the disease proving fatal in four days if not relieved. It is unaccompanied with pain, and is neither hernia, dysentery, nor hemorrhoids. Intermittents were prevalent, and the small-pox visited them at different periods. As the Chippcwas have a common Algoncjuin origin with the Sics, and as their home and customs were the same, it may be expected that their diseases were similar. The principal disease to which the Chippewas are liable is consumption of the lungs, generally affecting them between the ages of 30 and 40 ; they linger along for a year or two, but always fall victims to it. Many of them die of a bowel complaint which prevails every year. This disease does not partake, however, of the nature of dysentery. They are frequently affected with sore eyes. Blindness is not common. Many of them become deaf at an early age.
Referring to the report of the commissioner of Indian affairs for 1854, we find that the decrease in the number of the Menomonees is accounted for by the ravages of small-pox, in 1838, of the cholera, in 1S47 (whicli lalter was superinduced by misery and starvation), and by the fever, which from time to time, commonly in the winter, has been raging among them, being clearly the consequence of want of provisions and other necessaries. The report for 1850 says, there has been considerable sickness among the Winnebagoes for several months past ; dysentery has been the prevalent disease, confined mostly to children. For 1857 : the Winnebagoes have suffered considerably from chronic diseases, scrofula and consumption. For 1859: the chief malady among the Winnebagoes is phthisis pulmonalis and its analogous diseases, having its source in hereditary origin. Some of the malignant diseases are occasionally met with among them, and intermittent and remittent fevers. In 1863: of the Menomonees, there is a large mortality list of the tribes under my charge. Measles and some of the more common eruptive diseases are the causes. But the most common and most fatal disease which affects the Indians at this agency is pneumonia, generally of an acute character. There is but little tubercular disease to be found in any of these tribes, Menomonees, Stockbridges, Oneidas, etc. In the report for 1865, one can not but notice with some regret the absence of all allusion, except to small-pox, to the diseases of the Indians. Regret, because reliable information of such diseases serves a variety of valuable purposes, for comparison, confirmation, etc., of those of the white population. For these reasons, if for none other, it is to be hoped that the attention of the proper authorities will be called to this feature of such reports.
The first reliable report on the diseases of the people (as distinguished from the Indians) of Wisconsin to which we have had access, is Lawson's Army Report of Registered Diseases, for 10 years, commencing 1829, and ending 1838 (ten years before the admission of Wisconsin into the Union as a state).
Fort Howard, Green Bay
Under the class of diseases of the jespiratory organs, are comprised 384 catarrh, 6 pneumonia, 60 pleuritis, and 28 phthisis pulmonalis; under the class of digestive organs, 376 diarrhoea and dysentery, 184 colic and cholera, and 10 hepatitis; under the class of diseases of the brain and nervous system, 15 epilepsy, etc. The deaths from all causes, according to the post returns, are 25, being 1^ per cent, per annum. The annual rate of intermittent cases is 6, and that of remittent is 3, per 100 of mean strengtli.
Mean Stre.Ngth Treated Quarterly
Every man has consequently, on an average, been reported sick about once in every six months, showing this region to be extraordinarily salubrious. The annual ratio of mortality, according to the medical reports, is -^ per cent. ; and of the adjutant-general's returns, i-^ per cent.
Fort Winnebago
Under the class of diseases of the respiratory organs are comprised 448 catarrh, 1 1 pneumonia, 29 pleuritis and 10 phthisis pulmonalis; under the head of digestive organs, 193 diarrhoea and dysentery, 149 colic and cholera, and 17 hepatitis; under the class of brain and nervous system, i epilepsy. The total number of deaths, according to the post returns, is 20. Of these, 3 are from phthisis pulmonalis, i pleuritis, 2 chronic hepatitis, i gastric enteritis, i splenitis, etc.
Fort Crawford
Under the class of diseases of the respiratory organs are included 1,048 of catarrh, 28 pneumonia, 75 pleuritis and 13 phthisis pulmonalis; under the head of digestive organs, 933 diarrhoea and dysentery, and 195 colic and cholera; tinder the head of brain and nervous diseases, 7 epilepsy, etc. The total of deaths, according to the post returns, is 94, the annual ratio being 2^^ per cent. The causes of death are: 6 phthisis pulmonalis, 6 epidemic cholera, i common cholera, 4 remittent fever, 3 dysentery, etc. In the third quarter of 1830 there were 154 cases of fever, while the same quarter of 1.S36, with a greater strength, affords hut one case, the dilTerencc seeming to depend upon the temperature.
Treated Quarterly
Consequently every man on an average has been reported sick once in nearly every four months. But high as this ratio of sickness is, at this fort, and, indeed, at the others, it is low considering the topographical surroundings of the posts. But besides these injurious topographical and other influences already alluded to, there were still other elements of mischief among the men at these stations, such as " bad bread and bad whisky," and salt meat, a dietary table giving rise, if not to " land-scurvy," as was the case at the posts lower down in the Mississipi>i valley (more fatal than either small-pox or cholera), at least to its concomitant diseases.
The reason for using these early data of the United States Army medical reports in preference to later ones is, that even though the later ones may be somewhat more correct in certain jiarticulars, the former serve to establish, as it were, a connecting link (though a long one) between the historical sketch of the diseases of the Indian and those of the white settler; and again - these posts being no longer occupied - ho further data are obtainable.
'1 he first charitable institution established by the state was formally opened in 1850, at Janesville. The census of 1875 showed that there were 493 blind persons in the state, those of school age - that is - under 20 years of age, probably amounting to 125. The number of pupils in the institution that year, 82 ; the average for the past ten years being 68. If the health report of the institution is any indication of the salubrity of its location, then, indeed, is Janesville in this respect an enviable city. Its report for 1876 gives one death from consumption, and a number of cases of whooping-cough, all recovered. In 1875, ten cases of mild scarlet fever, recovered. One severe and two mild cases of typhoid fever, recovered. For 1873, no sick list. For 1872, the mumps went through the school. For 1.S71, health of the school reasonably good; few cases of severe illness have occurred.
This was organized in June, 1852, at Delavan. The whole number of deaf and dumb persons in the state, as shown by the census of 1875, was 720. The report for 1866 gives the number of pupils as 156.
Little sickness, a few cases of sore throat, and slight bowel affections comprise nearly all the ailments; and the physician's report adds: "The sanitary reports of the institution from its earliest history to the present date has been a guarantee of the healthiness of the location. Having gone carefully over the most reliable tabulated statements of deaf-mutism, its parent- age, its home, its causes, and its origin, \vc would most earnestly call the attention of the public to the fact that the chief cause comes under the head of congenital, 75 of the 150 pupils in ilii;, institution having this origin. Such a fearful proixjrtion as this must of necessity have its origin in a cause or causes proportionately fearful. Nor, fortunately, is the causation a mystery, since most careful examination leaves not a shadow of doubt that consanguineous marriages are the sources of this great evil. Without occupying further space by illustrative tables and argumentsi we would simply direct the attention of our legislators and thoughtful men to the /aw 0/ this disease - which is, that the number of deaf and dumb, imbeciles, and idiots is in direct keeping with the degree of consanguinity. With such a law and exhibit before us, would not a legislative inquiry into the subject, with the view of adopting f retentive means, be a wise step.' The evil is fearful ; the cause is plain; so, too, is the remedy."
This institution is situated on the banks of the Fox river, at Waukesha, and was organized in i860. The whole number of the inmates since it was opened in July, i860, to October lOi 1876, was 1,291. The whole number of inmates for 1876 was 415. Of these, since the period of opening up to date, October, 1876, 25 have died : 8, of typhoid fever; i, of typhoid erysipelas ; I, of gastric fever: 3, of brain fct-er; i, nervous fever; 2, congestion of the lungs; 2, congestive chills; 5, of consumption; i of dropsy; and i of inflammatory rheumatism.
This was located at Waupun in July, 1857. On September 30, 1876, there were 266 inmates. But one death from natural causes occurred during the year. The health of the prisoners has been unusually good, the prevalent affections attendant upnjn the seasons, of a mild and manageable character.
This institution, located near Madison, was opened for patients in July, i860. The total number of admissions down to the year 1877, was 1,227 males, 1,122 females, total 2,349. Over one half of these have been impro^'cd ; nearly one third recovered ; while less than one quarter have been discharged unimproved. Total number of deaths, 288. At the commencement of the year, October i, 1875, there were in the hospital 376 patients. In the report for the year ending September 30, 1876, we find the past year has been one of unusual health in the hospital. No serious epidemic has prevailed, although 20 deaths have been reported, 7 fatally ill before admission, 4 worn-out cases, etc. Insanity, coming as it does, under this head of an article on State Health, is of the highest interest from a state point of view, not only because so much may be done to remedy it, but that still more can and ought to be done by the state to prevent it. Our insane amount to i in 700 of the whole ])opulation, the total number in hospitals, poor-houses and prisons being in round numbers 1,400. It is a striking fact, calling for our earnest consideration, that the Germans, Irish and Scandinavians import and transmit more insanity - three to one - than the American-born population produce. The causes assigned for this disparity, are, as affecting importation, ihal those in whom there is an hereditary tendency to disease constitute the migratory class, for the reason that those who are sound and in the full possession of their powers are most ai>t to contend successfully in the struggle to live and maintain their position at home; while those who are most unsound and unequal to life's contests are unable to migrate. In other words, the strongest will not leave, the weakest can not leave. By this, the character of the migratory is defined. As affects transmission, poverty is a most fruitful parent of insanity, so too is poor land. Says Dr. Boughton, superintendent of the Wisconsin State Hospital for the Insane:
Wisconsin is characterized by a large poor class, especially in the northern ])art of the state, where people without means have settled on new and poorly paying farms, where their life is made up of hard work, exposure to a severe climate, bad and insufficient diet, cheerless homes, etc., etc. These causes are prolific in the production of insanity. It is easy, therefore, to trace the causes that give us so large a per cent, of insane in many of the counties of the state. Nor is it of less interest to know, as Dr. B. adds : We draw our patients from those families where phthisis pulmonalis, rheumatism and insanity prevail. Insanity and rheumatism are interchangeable in hereditary cases, so too are insanity and phithisis. What may be accomplished by intelligent efforts to stem the increase of insanity in our state .'' Much. Early treatment is one means, this is of course curative in its character. And its necessity and advantage are well illustrated ill table No. lo of the annual report of Dr. Boughton, for 1876, where it is seen that 45.33 of males, and 44.59 of the females who had been sent to the State Hospital having been insane but three months before admission, were cured, the proportion of cures becoming less in proportion tc) the longer duration of insanity before admission. As a preventive means, the dissemination of the kind of knowledge that shows indisputably that insanity is largely hereditary, and conse- <|uently that intermarriage with families so tainted should on the one hand be avoided by the citizen, and on the other hand, perhaps, prevented by the state, (congress at the same time restraining or preventing as far as possible persons so tainted from settling in this country.) By the state, inasmuch as the great burthen of caring for the insane falls upon the state. Still other jjreventive means are found in the improved '-tiltivation of our lands and in our improved education ; in fact, in whatever lessens the trials of the poor and lifts them out of ignorance and pauperism. It is only by culture, says Hufeland, that man acquires perfection, morally, mentally and ])hysically. His whole organization is so ordered that he may either become nothing or anything, hypercultitre and the 7vant of cultivation being alike destructive.
This hospital was opened at Oshkosh, May, 1873. The total number under treatment September 30, 1876 was - males 246, females 257, total 503. No ailment of an epidemic character has affected the health of the household, which has been generally good. The report of Dr. Kempster is full of suggestive matter for the legislator and sociologist.
.Still adhering to the plan, in writing the sanitary liistory of the state, of gathering up all the health statistics which properly belong to us, we now take up those of Milwaukee, the only city in Wisconsin, so far as we know, that has kept up a system of statistics of its diseases. The city is built on each side of the mouth of Milwaukee river, on the west shore of Lake Michij;an in lat. 43° 3' 45" N., long. 87" 57' W., and is considered remarkable for its healthy climate. The board of health has furnished us with its report for 1870 and downward. The character of its mortality from Jime 19, 1869, to March 31, 1870, is thus summarized: In children under five years of age, 758 out of 1,249 deaths, consumption, 93; convulsions, 128; cholera infantum, 59; diarrhoea, 12S; scarlet fever, 132; typhoid fever, 52; inflammation of the lungs, 41 ; stillbom, 79. This disproportionate number of still-born children is attributed in part to a laxity of morals. The deaths from consumption in Milwaukee are 7}^ out of every 100, one third less out of a like number of deaths than in San Francisco, in which city, in 4,000 deaths, 441 died of consumption, being ii out of every 100 deaths for the year ending July, 1869. The deaths for 1870 numbered 1,655, 'he population being at the last census report, 71,636. .
Glasgow has 39 to every i,ooo; Liverpool, 36; London, 25 ; New Orleans, 54; New York, 32; San Francisco, 24; Milwaukee, 21. Among seventeen of the principal cities of the Union, Milwaukee ranks the ninth in rate of mortality. An impression has prevailed that Milwaukee is subject to a large and disproportionate amount of lung and allied diseases. Statistics disprove this, its deaths from consumption being only 6 percent., while those of Chicago are 7.75 ; of St. Louis, 9.68; of Cincinnati, 11.95; ^"<^ °^ Boston, 19.31. But few cases of malarial disease occur in Milwaukee, and fewer cases of intestinal fever than in the interior of the state. The mortality among children is explained by its occurring chiefly among the poor foreign-born population, where all that can incite and aggravate disease is always to be found.
This, (the historical part of the health article), will doubtless call forth from the profession much additional and desirable matter, but excepting what will further appear under the head of Madison it is proper to say that we have exhausted the sources of information on the si'bject within our reach.
Next in order would seem to come soine notice of the summer and health resorts of Wisconsin, which, significant of the salubrity of the state, are not only becoming more numerous, but "vlso more frequented from year to year.
Madison, the capital of the state, with a population of 11,000, is built on an isthmus between two considerable lakes, from 70 to 125 feet above their level; 80 miles west of Milwaukee, in latitude 43° 5' north, and longitude 89° 20' west, in the northern temperate region. The lake basins, and also the neck of land between ihem, have a linear arrangement, trending northeast and southwest. The same linear topography characterises the whole adjacent country and the boundary lines of its various geological formations, this striking feature being due to the former movement of glacier ice over the face of the countr)'. .\t two points, one mile a|)art, the Capitol and University hills, respectively 348 and 370 feet above the level of Lake Michigan, rise prominently above the rest of the isthmus. Both of these hills are heaps of drift material from 100 to 1 26 feet thickness, according to the record of the artesian well. The neck of land on which Madison stands is of the same material. The same boring discloses to us the underlying rock structure, penetrating 614 feet of friable quartzose sandstone belonging to the Potsdam series, loj^ feet of red shale belonging to the same series, and 209"^ feet of crystalline rocks belonging to the Archaean. In the country immediately around Madison, the altitude is generally considerably greater, and the higher grounds are occupied by various strata, nearly horizontal, of sandstone and limestone. The Potsdam sandstone rises about 30 feet above the level of Lake Mendota, on its northern shore, where at McBride's Point it may be seen overlaid by the next and hitherto unrecognized layer, one of more or less impure, dark-colored, magnesian limestone, to which the name of Mendota is assigned, and which furnishes a good building stone. The descent of these strata is about
9 feet to the mile in a due southerly direction. Overlying the Mendota beds are.again sandstone layers, the uppermost portions of which are occasionally charged with lo to 20 per cent, of calcareous and dolomitic matter, and then furnish a cream-colored building stone of considerable value. Most of this stratum which has been designated as the J/rt.'/'/.fow sandstone, is, however, quite non-calcareous, being either a ferruginous brown stone, or a quite pure, white, nearly loose sand. In the latter phase it is of value for the manufacture of glass. In a number of quarries, cuttings and exposed places around the city, the Madison beds are seen to be overlaid by a grayish, magnesian limestone, the lower magnesian, varying very considerably in its character, but largely composed of a flinty-textured, heavy-bedded, quite pure dolomite, which is burnt into a good quality of liine. Its thickness exceeds 80 feet. Madison, with the conveniences and comforts of a capital city, from its easy access by railroads, from not only in itself being beautiful, but from its beautiful surroundings, from its good society, charming climate, and artesian mineral water, is naturally a great summer resort.
Though there are no vital statistics of the city to refer to, a residence of nearly a quarter of a century has made us sufficiently acquainted with its sanitary history, which is more .or less the sanitary history of this part of the state, and in a measure of the state itself. In 1844 and 1845, it was visited by an epidemic malarial fever of a bilious type, and not unfrequently fatal, which passed very generally through the state, and was attributed to the turning up of the soil. It was most virulent in the autumns. Again in 1854 it was visited by a light choleraic epidemic, whicli also swept the state, assuming very generally a particularly mild type. Again in 1857 it suffered lightly from the epidemic dysentery, which passed through the state. In 1865, it suffered from a visitation of diptheria, the disease prevailing generally over the state at that time. It has also had two visitations of the epidemic grip {grippe), or influenza. The last invasion, some five years since, commencing in a manner perhaps worthy of noting, by first affecting the horses very generally, and again, by beginning on the east side of the city, while the other epidemics for the past twenty-five years (unless the choleraic visitation was an exception) came in on the soutliwest side of the city, as has been the case, so far as we have been able to observe with the light epidemics to which children are subject. But little typhoid fever is found here, and the aguish fevers when they occur are light and easy of control. There is but little diarrhoea or dysentery. Pneumonia and its allied affections are more common, so is rheumatism, and so neuralgia. Inflammatory croup, however, is very rare, sporadic diptheria seeming to be taking its place. All the ordinary eruptive fevers of children are and always have been of a peculiarly mild type.
Prairie du Chien, situated immediately at the junction of the Wisconsin with the Mississippi, -s built about 70 feet above low water, and 642 feet above the level of the sea. The cliffs on both sides of the river present on their summits the lower strata of the blue Silurian limestone of Cincinnati, beneath which are found sandstone and magnesian limestone down to the water's edge. We give this notice of Prairie du Chien for the purpose of bringing to the knowledge of the public that it possesses one of the most superb artesian wells in the state, which is attracting many persons by its remedial mineral pro[)erties.
Green Hay sanitarily may be considered as sufficiently indicated under the head of Fort Howard. It is, however, proper to add that from its geographical position and beautiful situation at the head of the bay, its easy access both by railroad and steamboat, its pleasant days and cool summer nights, it has naturally become ([uite a popular summer resort, particularly for southern people.
Racine, some 25 miles south by east by rail from .Milwaukee and 62 by rail from Chicago, is built upon the banks and some 40 feet above the level of the lake. Its soil is a sandy loam and
Waukesha, i8 miles west of Milwaukee by railroad, is a healthy, pleasant place of resort at all times on account of its mineral water, so well known and so highly appreciated throughout the country.
Oconomowoc, 32 miles by railroad west by north of Milwaukee, is a healthy and delightfully located resort for the summer. Its many lakes and drives form its chief attractions, and though its accommodations were considered ample, during the past summer they were found totally inadequate to meet the demands of its numerous visitors.
The Dalles, at Kilbourn City, by rail 16 miles from Portage, is unsurpassed in tiie northwest for the novelty, romantic character, and striking beauty of its rock and river scenery. It is high and dry ; has pure water and fine air. and every -day boat and drive views enough to fill up a month pleasantly.
Lake Geneva, 70 miles by rail from Chicago, is built on the north side of the lake, is justly celebrated for its beauty, and its reputation as a summer resort is growing.
Green Lake, six miles west of Ripon, and 89 northwest from Milwaukee, is some 15 miles long and three broad, surrounded by beautiful groves and prairies; and is claimed to be one of the healthiest little places on the continent.
Devil's Lake is 36 miles by rail north of Madison. Of all the romantic little spots in Wisconsin, and they are innumerable, there is none more romantic or worthy of a summer visitor's admiration than this. It is, though shut in from the rude world by bluffs 500 feet high, a very favorite resort, and should be especially so for those who seek quiet, and rest, and health.
Sparta, 246 miles by rail from Chicago, is pleasantly and healthily situated, and its artesian mineral water strongly impregnated with carbonate of iron, having, it is said, over 14 grains in solution to the imperial gallon, an unusually large proportion, attracts its annual summer crowd.
Sheboygan, 62 miles by rail north of Milwaukee, from its handsome position on a bluff overlooking the lake, and from the beauty of its surroundings as well as from the character of its mineral waters, is an attractive summer resort.
In order to ascertain whether the classes of diseases in the state at the date of Carver's travels are the same which prevail to-day, we have compared his description of them with those tabulated in the army medical reports of Forts Howard, Crawford and Winnebago, and again with those given in the U. S. Census for 1870, and with the medical statistics of the city of The three distinct and prominent classes prevailing from Carver's to the jjresent time, are, in the order of prevalence, diseases of the respiratory organs, consumption, pneumonia, bronchitis, etc.; diseases of the digestive organs, enteritis, dysentery, diarrhoea, etc.; and the malarial fevers. At Fort Howard alone do the diseases of the digestive organs seem to have outnumbered those of the respiratory organs. So far as it is possible to gather from the reports of the commissioners of Indian affairs, these features of the relative prevalence of the three classes of disease are not disturbed.
There are, however, some disturbing or qualifying agencies operating and affecting the amount or distribution of these classes in different areas or belts. For instance, there are two irregular areas in the state; the one extending from the Mississippi east and north, and the other starting almost as low down as Madison, and running up as far as Green Bay, which are more subject to malarial diseases than are the other parts of the state. While it is found that those parts of the state least subject to diseases of the digestive organs are, a belt along the western shore of Lake Michigan, and a belt running from near Prairie du Chien north into the pineries. Again, it is found that the part of the state most subjec' to enteric, cerebro-spinal and typhus fevers, is quite a narrow belt running north from the southern border line into the center of the state, or about two-thirds of the distance toward the pineries. All along the western shore of Lake Michigan, and stretching across the country by way of Fond du Lac to the Mississippi, is u belt much less subject to these disorders. It is equally beyond cjuestion that the western shore of Lake Michigan, and the southern shore of Lake Superior, as well as the western half of the southern boundary line of the pineries, are less affected with consumption than the interior parts of the state.
The tendency of these diseases is certainly to amelioration. The sanitary history of Wisconsin does not differ from that of any other state east of us, in this striking particular; the farther you trace back the history of disease, the worse its type is found to be. It follows, then, that the improvement in public health must progress with the general improvement of the state, as has been the case with the eastern states, and that the consequent amelioration of our malarial diseases especially will tend to mitigate infectious diseases. The ameliorating influences, however, that sanitary science has brought to bear upon disease, of which England is so happy an illustration, has scarcely as yet begun to be known to us. But the time has come at last when this science is moving both the hearts and minds of thinking and humane men in the state, and its voice has been heard in our legislative halls, evoking a law by which we are, as a people, to be governed, as by any other enactment. The organization of a state board of health is a new era in our humanity. In this board is invested all legal power over the state health. To it is committed all the sanitary responsibility of the state, and the greatest good to the people at large must follow the efforts it is making.
There are many other points of sanitary interest to which it is desirable to call the attention of those interested in Wisconsin. It is a popular truth that a dry climate, all other things being equal, is a healthy climate. Our hygrometrical records show Wisconsin to have one of the driest climates in the United States. Choleraic diseases rarely jirevail unless in a comparatively stagnant state of the atmosphere, where tiiey are most fatal. \\ here high winds prevail such diseases are rare. The winds in \\'isconsin, while proverbially high and frequent (carrying away and dissipating malarial emanations), are not destructive to life or [jroperty, as is the case, by their violence, in some of the adjoining states. A moist, warm atmosphere is always provocative of disease. Such a state of atmosphere is rare with us, and still more rarely continuous beyond a day or two. Moist air is the medium of malarial poisoning, holding as it does in solution gases and poisonous exhalations. Its character is readily illustrated by the peculiar smell of some marsh lands on autumnal evenings. Such a state of moisture is seen only in our lowest shut-in marshes (where there is but little or no air-current), nnd then only for a very limited jieriod, in very hot weather.
But too much importance is attached by tlie public to a simply dry atmosphere for respiratory diseases. The same mistake is made with regard to the good effects in such disorders of simply high elevations. Dry air in itself or a high elevation in itself, or both combined, are not necessarily favorable to health, or curative of disease. In the light and rare atmosphere of Pike's Peak, an elevation of 6,000 feet, tlie pulse is accelerated, the amount of sleep is diminished, and the human machine is |)ut under a high-pressure rate of living, conducive only to its injury. The average rate of the pulse in healthy visitors is from 115 to 120 per minute (the normal rate, in moderate elevations, being about 75). And where there is any organic atTection of the heart, or tendency to bleeding from the lungs, it is just this very dry atmosphere and high elevation that make these /-(-/«<'(/;«(/) destructive. Hence it is that Wisconsin, for the generality of lung diseases, especially when accompanied with hemorrhage, or with heart disease, is preferable to Colorado. It may be objected, that the diseases of the respiratory organs are in excess of other diseases in Wisconsin. This feature, however, is not confined to the cold belt of our temperate latitudes - our proportion of respiratory diseases, be it noted, comparing most favorably witii that of other states, as may be seen in the following table:
Now, while the mortuary statistics of the United States census for 1850 are acknowledged to be imperfect, they are, nevertheless, undoubtedly correct as to the causes of mortality. But besides this statistical evidence of the cliraatological causes of disease, there are certain relative general, if not special, truths which serve to guide us in our estimate. Respiratory diseases of all kinds irurease in proportion as the temperature decreases, the humidity of the air being the same. Another equally certain element in the production of this class of diseases is variableness of climate. Still, this feature of our climate is only an element in causation, and affects us, as we shall see in the table below, very little as compared with other states. Indeed, it is still disputed whether there is not more consumption in tropical climates than in temperate climates. This much is admitted, however, that consumption is rare in the arctic regions. Dr. Terry says the annual ratio of pulmonarj' diseases is lower in the northern than in the southern regions of the United States, and Dr. Drake, an equally eminent authority, recommends those suffering from or threatened with pulmonary affections, to retreat to the colder districts of the country, citing among others localities near Lake Superior - a recommendation which our experience of nearly half a century endorses.
When we compare the general death-rate of Wisconsin with that of the other states of the Union, we find that it compares most favorably with that of \'ermont, the healthiest of the New England states. The United States census of 1850, i860 and 1S70, gives Wisconsin 94 deaths to 10,000 of the population, while it gives Vermont 101 to every 10,000 of her inhabitants. The census of 1870 shows that the death-rate from consumption in Minnesota, Iowa, California and Wisconsin are alike. These four states show the lowest death-rate among the states from consumption, the mortality being 13 to 14 per cent, of the whole death-rate.
Climatologically considered, then, there is not a more healthy state in the Union than the state of Wisconsin. But for health purposes something more is requisite than climate. Climate and soil must be equally good. Men should shun the soil, no matter how rich it be, if the climate is inimical to health, and rather choose the climate that is salubrious, even if the soil is not so rich. In Wisconsin, generally speaking, the soil and climate are equally conducive to health, and alike good for agricultural purposes.
Electors And General Elections
Sec. 12. Every male person of the age of twenty-one years or upward, belonging to of the following classes, who shall have resided in the State for one year next preceding any election, shall be deemed a qualified elector at such election :
2. Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization.
of bribery shall be excluded from the right of suffrage unless restored to civil rights ; and no person who shall have made or become directly or indirectly interested in any bet or wager depending upon tiie result of any election at which he shall offer to vote, shall be permitted to vote at such election.
Sec. 14. The general election prescribed in the Constitution shall be held in the several towns, wards, villages and election districts on the Tuesday next succeeding the first Monday in November in each year, at which time there shall be chosen such Representatives in Congress, Electors of President and Vice President, State officers, and county officers as are by law to be elected in such year.
Sec. 15. All elections shall be held in each town at the place where the last town-meeting was held, or at such other place as shall have been ordered at such last meeting: or as shall have been ordered by the Supervisors when they establish more than one election poll, except that the first election after the organization of a new town shall be held at the place directed in the act or proceeding by which it was organized; and all elections in villages constituting separate election districts and in the wards of cities, shall be held at the place to be ordered by the Trustees of such village, or the Common Council of such city, at least ten days before such election, unless a different provision is made in the act incorporating such village or city.
Skc. 1G. Whenever it shall be(;ome impossible or inconvenient to hold an election at the place designated therefor, the Board of Inspectors, after having assembled at or as near as practicable to such place, and before receiving any votes may adjourn to the nearest convenient place for holding the election, and at such adjourned place shall forthwith proceed with the election. Upon adJKurning any election as hereinbefore provided, the Board of Inspectors shall cause proclamation thereof to be made, and shall station a Constable or some other proper person at the place where the adjournment was made, to notify all electors arriving at such place of adjournment, and the place to which it was made.
2. In each ward or election district of every incorporated village in which, by law, separate elections are held ; which village at the last preceding census, had a population of fifteen hundred or more.
Such registration shall be made in the manner provided by this chapter. The persons authorized by lay to act as Inspectors of Election in each of such towns, wards or election districts shall constitute the Board of Registry therefor.
Sec. 21. The said Inspectors shall have their first meeting on Tuesday, four weeks preceding each general election, at the place where said election is to be held ; and in election districts at which there were polled at liie previous general election three hundred votes or less, they shall sit for one day, and in districts at wiiith there were more than three hundred votes polled, they shall have power to sit two days if necessary, for the purpose of making such list. They shall meet at 9 o'clock in the forenoon and hold their meetings open until 8 o'clock in the evening of each day during which they sliall so sit. The Clerks appointed by law to act as Clerks of Election shall act as Clerks of the Board of Registry on the day of election only. Tlic proceedings shall be open, and all electors of the district shall be entitled to be heard in relation to corrections or additions to said registry. They shall have the same powers to preserve order which In.«pectors of EU'ction have on election days, and in towns vacancies in the Board shall be filled in the same manner that vacancies are filled at elections.
Sec. 22. The said Inspectors at their first meeting, and before doing any business, shall severally take and subscribe the oath of Inspectors at a general election, and said Inspectors shall at their first meeting make a re<;istry of all the electors of their respective districts, placing thereon the full names, al])habetically arranged according to surnames, in one column, and in another tlie residence by number and name of street or other location, if known. If any elector's residence is at any hotel or public boarding-house tlie name of the hotel or boarding-house sliall be stated in the registry. They shall put thereon the names of all persons residing in their election district appearing on the poll-list kept at the last preceding general election, and are authorized to take therefor such poll-list from the office where kept, omitting such as have died or removed fri)m the district, and adding the names of all other persons known to tlicm to be electors in such district. In case of the formation of a new election district since tlie last preceding general election, the said Board therein may make such registry from the best means at their command, and may, if necessary, procure therefor certified copies of the last poll-list. They shall complete said registry as far as practicable at their first meeting, and shall make four, copies thereof, and certify the oi-iginal and each copy to be a true list of the electors in their district so far as the same are known to them. One of said copies shall be immediatoly posted in a conspicuous place in the room in which their meeting was held, and be accessible to any elector for examination or making copies thereof, and one copy shall be retained by each Inspector for revision and eorrectionat the second meeting. Theyshall within twodaysaftersaidfirstmeetingfiletlieoriginal registry made by them, and said poll-list in the office of the proper town, city or village clerk, and may, in their discretion, cause ten printed copies of said registry to be made and posted in ten of the most public places of said election district, or may publish the same in a newspaper at an expense not exceeding one cent for each name.
Sec. 23. The Inspectors shall hold their second meeting at the same place designated for iiolding elections on the Tuesday two weeks preceding the election. They shall meet at 9 o'clock in the forenoon. In election districts having less than three hundred voters, as shown by the preliminary registry, the Board shall complete the registry on the same day ; but if there are more tiiaii that number of voters, they shall sit two days. They shall remain in session until 8 o'clock in the evening. They shall revise and correct the registry first by erasing the name of any person who shall be proved to their satisfaction by the oaths of two electors of the district to be not entitled to vote therein at the next ensuing election, unless such person shall appear and if challenged, shall answer the questions and take the oath hereinafter provided ; secondly, by entering thereon the names of every elector entitled to vote in the district at the next election who shall appear before the Board and require it, and state his place of residence, giving street and number, if numbered, or location, as hereinbefore provided, if challenged answer the questions, and tnke the oaths provided in case of challenge at an election ; but if any person shall refuse to answer all such questions or to take such oatii, his name shall not be registered. Any person who is not twenty-one years of age before the date when the registry is required to be corrected, but will be if he lives until the day of election, shall have his name put on the registry if he be otherwise qualified to be an elector. Any elector who did not vote at the previous general election shall be entitled to be registered either at the preliminary or the final registration of electors by apjiearing before the Board of Registration of his election district and establishing his right to be I'egistered, or, instead of a personal appearance, he may make his application to be registered to the Board in writing. Such application shall state the name and period of continuous residence in the election district and place of residence therein, giving the number and street of the applicant, and, in case tiie person making the application is of foreign birth, he shall state when he came to tiie United States and to the State of Wisconsin, and the time and place of declaring his intention of becoming a citizen of the United States, and that he is entitled to vote at the election. Upon receiving such application, tiie Board of Registration shall register the name of such applicant, if it appears to the Board that the applicant is, by his statement, entitled to vote. Such statement shall be made under oath, and shall be preserved by the Board and be filed in the office of the village or city clerk, as the case may be. All city and village clerks shall keep blanks for making tiie application for registration, as provided by this section. Tlie form sliallbe ])rescribed by the Secretary of State. Every person named in this section shall be subject to the same punishment for any false statement or other offense in respect thereto as is provided in case of such false statement or other offense by an elector oftering to vote at an election. After such registry shall have been fully completed on the days above mentioned, no name shall be added thereto by any person or upon any pretext. Within three days after the second meeting tiie said Board shall cause four copies of the registry to be made, cacli of which shall be certified by tliem to be a correct registry of the electors of tiieir district, one of wiiich shall be kept by each Inspector for use on election day, and one shall forthwith be filed in the office of the proper town, city or village clerk. All registries shall at all times be open to public inspection at the office where deposited without charge.
Sec. 2-i. On election day tlic Inspectors shall designate two of their number at the opening of the polls, who shall check the names of every elector voting in such district whose name is on the registry. No vote shall be received at any general election in any ward or election district defined in Section 20, if the name of the person offering to vote be not on said registry made at the second meeting as aforesaid, except as hereinafter provided ; but in case any one shall, after the last day for completing such registry, and before such election, become a qualified voter of the district, he shall have the same right to vote therein at such election as if his name liad been duly registered, provided he shall, at the time he offers to vote, deliver to the Inspectors his affidavit, in which he shiill state the facts, showing that he has. since the completion of sucli registry, become a qualified elector of such district, and tiie facts showing that he was not such elector on the day such registry was completed, and shall also deliver to such Inspectors tlie affidavits of two freeholders, electors in such election district, corroborating all the material statements in his affidavit. In case any person who was a voter at the last previous general election shall not be registered, such person shall be entitled to vote on making affidavit that he was entitled to vote at the previous election, and that he has not become disqualified by reason of removal from tlie election district or otherwise, since that election, which affidavit shall also be corroborated by the affidavits of two freeholders, as is provided for other non-registereil voters. No one freeholder shall be competent to make at any one election corroborating affidavits for more than three voters. All of said affidavits shall be sworn to before some officer authorized by the laws of this State to take depositions. The Inspectors shall keep a list of the names and residence of the electors voting whose names are not on said completed registry, and attach said list to the registry and return it, together with all sucli affidavits, to the proper town, city or village clerk. No compensation shall be paid or received for taking or certifying any such affidavits. On the day following the election, one of said poll-lists and one copy of the registry so kept and checked shall be attached together and filed in tlie office of the proper town, city or village clerk, and the other of said poll-lists and copy of the registry so kept and checked shall be returned to the County Clerk with the returns of the election. Such Inspectors sliall give notice by advertisement in a newspaper printed in the city, village or town where such registration was made, of tlie registry, and shall include in such notice all additions to and omissions from the preliminary list, and shall also state where tlie election is to be held. In case there be no newspaper printed in such city, village or town, such notice shall be given by posting copies thereof in tliree or more public places in each ward or election district in such city, village or town. For publication of such notice in any such newspaper the publisher thereof shall be entitled to the same compensation per folio as is prescribed for publishing other legal notices.
Common Schools
Sec. 413. The formation of any school district shall be by written order of the Town Board, describing the territory embraced in the same, to be filed with the Town Clerk within twenty days after the making thereo.f. The Supervisors shall deliver to a taxable inhabitant of the district their notice thereof in writing, describing its boundaries, and appointing a time and place for the first district meeting, and shall therein direct such inhabitant to notify every (jualified voter of the district, oitiier personally or by leaving a written notice at his place of residence, of the time and place of such meeting, at least five days before the time appointed Mierefor, and said inhabitant shall notify the voters of such district accordingly, and indorse thereon a return containing the names of all persons thus notified, and said notice and return shall be recorded as a part of tiie record of the first meeting in such district.
Sec. 414. In case such notice shall not be given, or the inhabitants of a district shall ncglect or refuse to assemble and form a district meeting when so notified, or in case any school district having been formed or organized shall afterward be disorganized, so that no competent authority shall e.xist therein to call a special district meeting, in the manner hereinafter provided, notice shall be given by the Town Board, and served in the manner prescribed in tiie preceding section. Whenever a district meeting shall be called as prescribed in this and the preceding section, it shall be the duty, of the electors of the district to assemble at the time and place so directed.
Sec. 415. Whenever it shall be necessary to form a district from two or more adjoining towns, the Town Boards of such towns sliall meet together and form such districts by their written order, describing the territory embraced in such district, signed by at least two of the Supervisors of each town; and shall file one such order with the Town Clerk of each town, and deliver the notice of formation to a taxable inhabitant of such district, aiul cause the same to be served and returned in the time and manner hereinbefore prescribed ; and any such district may be altered only by the joint action of the Town Boards of such towns in the same manner that other districts are altered.
Sec. 416. Every school district shall be deemed duly organized when any two of the officers elected at the first legal meeting thereof shall have consented to serve in the offices to which they have been respective!}' elected, by a written acceptance thereof filed with the clerk of the first meeting, and recorded in the minutes thereof; and every school district shall be considered
Abstkact Of Laws
Sec. 425. The annual meeting of all school districts in which graded schools of two or more departments are taught, shall be held on the second Monday of July, and of all other school districts on the last Monday of September, in each year. The hour of such meeting shall be seven o'clock in the afternoon, unless otherwise provided by a vote of the district, duly recorded at the last previous annual meeting ; l>ut at any annual meeting a majority of the electors present may determine that the annual meeting of such district shall be held on the last Monday of August instead of the last Monday of September. Said determination to take elfect wlien a copy of the proceedings of said annual meeting in reference to such change shall have been filed with the Town Clerk in -which the schoolhouse of such district is situated, and to remain in force until rescinded by a like vote of the electors of such district.
Sec. 42G. Tlie Clerk shall give at least six da\'s' previous notice of every annual district meeting, by posting notices thereof in four or more public places in the district, one of which bhail be affixed to the outer door of the schoolhouse, if there be one in the district, and he shall give like notices for every adjourned district meeting when such meeting shall have been adjourned for more than one month ; but no annual meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was willful and fraudulent.
Sec. 427. Special district meetings may be called by the Clerk, or, in his absence, by tiie Directors or Treasurer, on written reijuest of five legal voters of the district, in the manner prescribed for calling an annual meeting ; and the electors, when lawfully assembled at a special UKcting, shall have power to transact the same business as at the first and each annual meeting, except the election of officers. The business to be transacted at any special meeting shall be particularly specified in the notices calling the same, and said notices shall be posted six full days prior to the meeting. No tax or loan or debt shall be voted at a special meeting, unless three-fourths of the legal voters shall have been notified, either personally or by a written notice left at their places of residence, stating the time and place and objects of the meeting, and specifying the amount proposed to be voted, at least six days before the time appointed therefor.
Sec. 428. Every person shall be entitled to vote in any school district meeting who is qualified to vote at a general election for State and county officers, and who is a resident of such school district.
Assessment And Collection Of District Taxes
Sec. 469. All school district taxes, unless otherwise specially provided by law, shall be assessed on the same kinds of property as taxes for town and county purposes ; and all personal property -which, on account of its location or the residence of its owner, is taxable in the town, shall, if such locality or residence be in the school district, be likewise taxable for school district purposes.
Borrowing Money
Sec. 474. Whenever, upon any unusual exigency, any school district shall, before the annual meeting, vote a special tax to be collected with the next levy, the district may, by vote, authorize the District Board to borrow for a period not exceeding one year a sum not exceeding the amount of such tax, and by such vote set apart such tax when collected to repay such loan, and thereupon the District Board may borrow such money of any person and on such terms and execute and deliver to the lender such obligation therefor, and such security for the repayment, including a mortgage or pledge of any real or personal ))roperty of the district, subject to the directions contained in the vote of the district as may be agreed upon and not jirohibitcd by law.
Sec. 408. Every District Clerk who shall wdlfully neglect to make the annual rejjort for his district as required by law siiall be liable to pay the whole amount of money lost by such
Sec. 499. Every Town Clerk who shall neglect or refuse to make and deliver to the County Superintendent his annual report, as required in this chapter within the time limited therefor, shall be liable on his official bond to pay the town the amount which such town or any school district therein, shall lose by such neglect or refusal, with interest thereon ; and every County Sujjerintendent who shall neglect or refuse to make the report required of him by this chapter to the State Superintendent shall be liable to pay to each town the amount which such town or any school district therein shall lose by such neglect or refusal, with interest thereon, to be recovered in either case in an action prosecuted by the Town Treasui'er in the name of the town.
Sec. 503. Every member of a district board in any school district in this State in which a list of text-books has been adopted according to law, who shall, within three years from the date of such adoption, or thereafter, without the consent of the State Superintendent, order a change of text-books in such district, shall forfeit the sum of fifty dollars.
Sec. 513. Every woman of twenty-one years of age and upward may be elected or appointed as director, treasurer or clerk of a school district, director or secretary of a town board under the township system ; member of a board of education in cities, or county superintendent.
Assessment Of Taxes
Sec. 1035. The terms "real property," "real estate" and "land," when used in this title, shall include not only the land itself, but all buildings, fixtures, improvements, rights and privileges appertaining thereto.
Sec. 10-3<3. The term " personal property," aa used in this title, shall be construed to mean and include toll-bridges, saw-logs, timber and lumber, either upon land or afloat, steamboats, ships and other vessels, whether at home or abroad ; buildings upon leased lands, if such buildings have not been included in tiie assessment of the land on which they are erected ; ferry-boats, including the franchise for running the same ; all debts due from solvent debtors, whether on account, note, contract, bond, mortgage or other security, or whether such debts are due or to become due ; and all good^, wares, merchandise, chattels, moneys ami eff'ects of any nature or description having any real or marketable value and not included in the term " real property," as above defined.
Sec. 1037. The improvements on all lands situated in this State, which shall have been entered under the provisions of the act of Congress entitled " An act to secure homesteads to actual settlers on the public domain," approved May twentieth, one thousand eight hundred and sixty-two, and which shall be actually occupied and improved by the person so entering the same, or his heirs, shall be subject to taxation, and such improvements shall be assessed as personal property. All taxes levied tiiereon shall bo collected out of the personal property of the occupant of such lands, and in no other manner.
used exclusively for the |>urposes of such association, and the real property, if not leased, or not otherwise used for pecuniary profit, necessary for the location and convenience of the buildings of such association, and embracing the same not exceeding ten acres : and the lands reserved for grounds of a chartered college or university, not exceeding forty acres ; and parsonages, whether of local churches or districts, and whether occupied by the pastor permanently or rented for his benefit. The occasional leasing of such buildings for schools, public lectures or concerts, or the leasing of such parsonages, shall not render them liable to taxation.
organized fire company, and the buildings and necessary grounds connected therewith, owned by such company, and used exclusively for its proper purposes.
12. Provisions and fuel provided by the head of a family to sustain its members for six months ; but no person paying board shall be deemed a member of a family.
14. The track, right of way, depot grounds, buildings, machine-shops, rolHng-stock and other property necessarily used in operating any railroad in this State belonging to any railroad company, including pontoon, pile and pontoon railroads, and shall henceforth remain exempt from taxation for any purpose, except that the same shall be subject to special assessments for local improvements in cities and villages and all lands owned or claimed by such railroad company not adjoining the track of such company, shall be subject to all taxes. The provision of this subdivision shall not apply to any railroad that now is or shall be operated by horse-power, whether now or hereafter constructed in any village or city.
16. The real estate of the Home of the Friendless in the city of Milwaukee, not exceeding one lot in amount, is exempted, so long as the same shall continue to be used as such home.
17. All property of any corporation or association formed under the laws of this State for the encouragement of industry by agricultural and industrial fairs and exhibitions, which shall be necessar}' for fair grounds, while used exclusively for such fairs and exhibitions, provided the quantity of land so exempt shall not exceed forty acres.
Sec. 1191. Real property, upon which the county holds any certificates of tax sale, shall continue liable to taxation and to sale for unpaid taxes, and the county shall be the exclusive purchaser at the sale ; but wiien a tax deed shall be issued to the county, and it shall hold tax certificates of sale unredeemed on the same property for two successive years subsequent to the date of the sale on which such deed shall issue, including certificates of sale made prior to the passage of these statutes, such property shall thereafter be exempt from ta.xation until the same is sold by the county. The County Clerk shall annually, before the first day of June, furnish to the Assessors of each town a list of the lands in such town exempt under this section. Nothing in this section shall be so construed as to apply to lands owned by minors, married women, widowed women, idiots or insane persons.
Collection Of Taxes
Sec. 1080. The Town Treasurer of each town, on the receipt of the tax-roll for the current )'car, shall forthwith post notices in three or four public places in such towns, that the taxroll for such town is in his hands for collection, and that the taxes charged therein are subject to payment at his office at any time prior to tiie first day of January in such year ; and after the said first day of January he siiall proceed to collect the taxes charged in such roll and r'^inaining unpaid, and for that pur])ose shall call at least once on the person taxed, or at any place of his usual residence, if within the town, and demand payment of the taxes charged to hiui on such r Jl.
Sec. lOUO. On all taxes paid or tendered at the office of such Treasurer prior to said first day of January, he shall remit all of the 5-per-cent collection fees, except so much thereof as he is authorized by law to have for his fees upon taxes so paid.
Sec. lOyL Town oi'ders shall be receivable for taxes in the town where issued, and shall be allowed the Town Treasurer on settlement of town taxes; and county orders and jurors' certificates shall be receivable for taxes in the county where issued, and shall be allowed such Treasurer on settlement of county taxes with the County Treasurer, but no Town Treasurer shall receive town orders in payment for taxes to a larger amount than the town taxes included in his assessment-roll exclusive of all taxes for school purposes, nor county orders and jurors' certificates to a greater amount than the county tax included therein.
Sec. 1097. In case any person shall refuse or neglect to pay the tax imposed upon him, the Town Treasurer shall levy the same by distress and sale of any goods and chattels belonging to such person, wherever the same may be found within his town; and if a sufficient amount of such property cannot be found in such town, the Town Treasurer may levy tiic same by distress and sale of the goods and cliattels belonging to such person, wherever the same may be found in the county or in any adjoining counties.
Sec. 10U8. The Town Treasurer shall give public notice of the time and place of such sale, at least six days previous thereto, by advertisement, containing a description of the property to be sold, to be posted up in three public ])laces in the town where the sale is to be made. The sale shall be at public auction, in the daytime, and the property sold shall be present; such property may be released by the payment of the taxes and charges for which the same is liable, to be sold ; if the purchase-money on such sale shall hot be paid at such time as the Treasurer may require, he may agnin, in his discretion, expose such property for sale, or sue, in his name of office, the purchaser for the purchase-money, and recover the same with costs and 10-per-centum damages.
Sec. lO'J'J. If the property so levied upon shall be sold for more than the amount of tax and costs, the surplus shall be returned to the owner thereof; and if it cannot be sold for want of bidders, the Treasurer shall return a statement of the lact, and return the property to the person from whose possession he took the same ; and the tax, if unsatisfied, shall be collected in the same manner as if no levy had been made.
Highways And Bridges
Sec. 1223. The Supervisors of the several towns shall have the care and supervision of -the highways and bridges therein, and it shall be their duty : described, and such as have been lawfully laid out and used as such up to the then present time, but not fully and sufficiently recorded, to be ascertained, described and entered of record in the Town Clerk's office.
Abstract Of Laws
4. To divide their respective towns into so many road districts as they shall judge convenient, and specify every such division in writing under their hands, to be recorded in the office of tlie Town Clerk ; but no such division shall be made within ten days next preceding the annual town meeting.
their respective towns as they may deem necessary and proper: to discontinue such roads as shall appear to them to have become unnecessary, and to widen or alter such roads when they shall deem necessary for public convenience, and perform all other duties respecting highways and bridges directed by this chapter.
Intoxicating Liquors
Sec. 1548. Tiie Town Boards, Village Boards and Common Councils of the respective towns, villages and cities may grant license to such persons as they may deem proper, to keep groceries, saloons or other places, within their respective towns, villages or cities, for the sale in quantities less than one gallon of strong, spirituous, malt, ardent or intoxicating liquors, to be drank on the premises ; and in like manner may grant licenses for the sale in any quantity of such liquors not to be drank on the premises. The sum to be paid for such license for the sale of such liquor to be drank on tlie premises shall not be less than twenty-five nor more than one hundred and fifty dollars ; and for tiie sale of such li(|uor$ not to be drank on the premises shall be not less tiian ten nor more tiian forty dollars.
Sec. 1.549. Every ipplicant for such license shall, before delivery thereof, file with such town, village or city clerk a bond to the State in the sum of five hundred dollars, with at least two sureties, to be approved by the authorities granting the license, wlio shall each justify in double its amount over and above tlieir debts and liabilities and exemptions, and be freeholders and residents of the county, conditioned tliat the applicant, during the continuance of his license will keep and maintain an orderly and well-regulated house ; that he will permit no gambling with cards, dice or any device or implement for that purpose, within his premises or any out-house, yard or shed appertaining thereto; that he will not sell or give away any intoxicating liquor to any minor, having good reason to believe him to be such, unless upon the written order of the parents or guardian of such minor, or to persons intoxicated or bordering upon intoxication, or to habitual drunkards ; and that he will pay all damages that may be recovered by any person, and that he will observe and obey all orders of such Supervisors, Trustees or Ahlermen, or any of them, made pursuant to law. In case of the breach of the condition of any such bond, an action may be brought thereon in the name of the State of Wisconsin, and judgment shall be entered against the principals and sureties therein named f)r the full pen:ilty thereof; and execution may issue thereiqiou by order of the court therefor, to satisfy any judgment that may have been recovered against the principal named in said bond, by reason of any breach in the conditions thereof, or for any penalties of forfeitures incurred under this chapter. If more than one judgment shall have been recovered, the court, in its discretion, may apply the proceeds of said bond toward the satisfaction of said several judgments, in whole or in part, in such manner as it may see fit.
Sec. 1550. If any person shall vend, sell, deal or traffic in oribr the purpose of evading this chapter, give away, any spirituous, malt, ardent or intoxicating liquors or drinks in any quantity whatever without first having obtained license therefor, according to the provisions of this chapter, he shall be deemed guilty of a misdemeanor, and, on conviction tiiereof shall be punished by fine of not less than ten nor more than forty dollars, besides the costs of suit, or, in lieu of such fine, by imprisonment in the county jail of the proper county not to exceed sixty days nor less than twenty days ; and, in case of punishment by fine as above provided, such person shall, unless the fine and costs be paid forthwith, be committed to the county jail of the proper county until such fine and costs are paid, or until discharged by due course of law ; and, in case of a second or any subsequent conviction of the same person during any one year, the punishment may be by both fine and imprisonment, in the discretion of the court.
Sec. 1551. Upon complaint made to any Justice of the Peace by any person that he knows or h;is good reason to believe that an offense against this chapter, or any violation thereof, has been committed, he shall examine the complainant on oath, and he shall reduce such complaint to writing ami cause the same to be subscribed by the person complaining. And if it shall appear to such Justice that there is rcaionable cause to believe that such ofiense has been committed, he shall immediately issue his warrant, reciting therein the substance of such complaint and requiring the officer to whom such warrant shall be directed forthwith to arrest the accused and bring him before such Justice, to be dealt with according to law ; and the same warrant may require the officer to summon such persons as shall be therein named to appear at the trial to give evidence.
Sec. 1552. The District Attorney of the proper county shall, on notice given to him by the Justice of the Peace before whom any such complaint shall be made, attend the trial before auch Justice and conduct the same on behalf of the State.
Sec. 1553. Every supervisor, trustee, alderman and justice of the peace, police officer? marshal, deputy marshal and constable of any town, village or city who shall know or be credibly informed that any offense has been committed against the provisions of this chapter shall make complaint against the person so offending within their respective towns, villages or cities to a proper Justice of the Peace therein, and for every neglect or refusal so to do every such officer shall forfeit twenty-five dollars, and the Treasurer of such town, village or city shall prosecute therefor.
Sec. 1557. Any kcepor of any saloon, shop or place of any name whatsoever for the sale of strong, spirituous or malt liquors to be drank on the premises in any quantity less than one gallon, who shall sell, vend or in any way deal or traffic in or for the purpose of evading this chapter, give away any spirituous, ardent or malt liquors or drinks in any quantity whatsoever to or with a minor, having good reason to believe him to be such, or to a person intoxicated or bordering on a state of intoxication, or to any other prohibited person before mentioned, shall be deemed guilty of a misdemeanor ; nor shall any person sell or in any way deal or traffic in, or, for the purpose of evading this chapter, give away, any spirituous, ardent, intoxicating or malt liquors or drinks in any quantity whatsoever within one mile of either of the hospitals for the insane ; and any person who shall so sell or give away any such liquors or drinks shall be deemed guilty of a misdemeanor.
Bills Of Exchange And Promissory Notes
Sec. 1675. All notes in writing made and signed by any person or for any corporation, and all certificates of the deposit of money issued by any person or corporation, whereby he or it shall promise to pay to any person or order, or unto the bearer, any sum of money, as therein mentioned, shall be due and payable as therein expressed, and shall have the same efi"ect and shall be negotiable in like manner as inland bills of exchange, according to the custom of merchants. But no order drawn upon or accepted by the Treasurer of any county, town, city, village or school district, whether drawn by any officer thereof or any other person, and no obligation nor instrument made by such corporation or any officer thereof, unless expressly authorized by law to be made negotiable, shall be, or shall be deemed to be, negotiable according to the customs of merchants, in whatever form they may be drawn or made.
Sec. 1680. On all bills of exchange payable at sight, or at future day certain, within this State, and all negotiable promissory notes, orders and drafts payable at a future day certain, within tiiis State, in which there is not an express stipulation to the contrary, grace should be allowed in like manner as it is allowed by the custom of merchants on foreign bills of exchange payable at the expiration of a certain period after date or sight. The provisions of this section shall not extend to any bill of exchange, note or draft payable on demand.
Sec. 1G84. All notes, drafts, bills of exchange or other negotiable paper maturing on Sunday or upon any legal holiday shall be due and payable on the next preceding secular day.
Hours Of Labor
Sec. 1728. In all manufactories, work-shops and other places used for mechanical or manufacturing purposes, the time of labor of children under eighteen years of age and of women employed therein, shall not exceed eight hours in one day ; and any employer, stockholder, director, officer, overseer, clerk or foreman who shall compel any woman or any child to labor exceeding eight hours in any one day, or who shall permit any child under fourteen years of age to labor more than ten hours in any one day in any such place, if he shall have control over sucli ciiild sufficient to prevent it, or who shall employ at manual labor any child under twelve years of age in any factory or work-shop where more than three persons are employed, or who shall employ any child of twelve and under fourteen years of age in any such factory or workshop for more than seven months in any one year, shall forfeit not less than five nor more than fifty dollars for each such offense.
Sec. 1729. In all engagements to labor in any manufacturing or mechanical business, where there is no express contract to the contrary, a day's work sliall consist of eight hours, and all engagements or contracts for labor in such cases shall be so construed ; but this shall no/ apply to any contract for labor by the week, month or year.
Form Of Conveyances
Sec. 2207. A deed of quitclaim and release of the form in common use or of the form hereinafter provided, shall be sufficient to pass all the estate which the grantor could lawfully convey by deed of bargain and sale.
Seal
Such deeds, when executed and acknowledged as required by law, shall, when of the firet of the above forms, have the effect of a conveyance in fee simple to the grantee, his heirs and assigns of tlie premises therein named, together with all the appurtenances, rights and privileges thereto belonging, with a covenant from the grantor, his heirs and personal representatives, that he is lawfully seized of the premises ; has good right to convey the same ; that he guarantees the grantee, his heirs and assigns in the quiet possession thereof ; that the same are free from all incumbrances, and tiiat the grantor, his heirs and personal representatives will forever warrant and defend the title and possession thereof in the grantee, his heirs and assigns against all lawful claims whatsoever. Any exceptions to such covenants may be briefly inserted in such deed, following the description of the land ; and when in the second of the above forms, shall have the effect of a conveyance in fee simple to the grantee, his heirs and assigns, of all the right, title, interest and estate of the grantor, eitiier in possession or expectancy, in and to the premises therein described, and all rights, privileges and appurtenances thereto belonging.
The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of dollars attorney's fees in case of foreclosure thereof.
wiien executed and acknowledgeil according to law shall have the efl'ect of a convej'ance of the land therein described, together with all the rights, privileges and appurtenances thereunto belonging in pledge to the mortgagee, his heirs, assigns aii(l legal representatives for the jiayment of the indebtedness therein set i'orth. with covenant from the mortgagor that all taxes and assessments levied and assessed upon the land described during the continuance of tiie mortgage shall be paid previous to the day appointed by law for the sale of lands for taxes, as fully as the forms of mortgage now and heretofore in common use in this State, and may be foreclosed in the same manner and with the same effect, upon any default being made in any of the conditions thereof as to payment of either principal, interest or taxes.
Assignment Of Mortgage
Sec. 2210. An assignment of a mortgage substantially in the following form : For value received I, \ H. ol' . Wisconsin, hereby assign to C D, of shall be sufficient to vest in the assignee for :ill purposes all the rights of the mortgagee under the mortgage, and the amount of the indebtedness due thereon at the date of assignment. Such assignment, wiien indorsed upon the original mortgage, shall not require an acknowledgment m order to entitle the same to be recorded.
Title To Real Property By Descent
Sec. 2270. When any person shall die, seized of any lands, tenements or hereditaments, or any right thereto, or entitled to any interest therein in fee simple, or for the life of another, not having lawfully devised the same, they shall descend subject to his debts, except as provided in the next section, in the manner following: of representation; and if there be no child of the intestate living at his death, his estate shall descend to all his other lineal descendants ; and if all the said descendants are in the same degree of kindred to the intestate, they shall share the estate equally, otherwise they shall take according to the right of representation.
to his parents, if living; and if either shall not be living, the survivor shall inherit his said estate. If a woman shall die, leaving no issue, her estate shall descend to her husband, if she shall have one at the time of her decease, and if she shall leave, surviving her, neither issue nor husband, to her parents, if living ; and if either shall not be living, the survivor shall inherit her said estate.
his estate shall descend to his ne.xt of kin in equal degree, except that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those "who claim through the nearest ancestor shall be preferred to those claiming through an ancestor more remote ; provided, however, 6. If any person die leaving several children, or leaving one child, and the issue of one or more other children, and any such surviving child shall die under age, and not having been married, all the estate that came to the deceased cliild, by inheritance from such deceased parent, shall descend in equal shares to the other children of the same parent, andtotheissueofany such other children who shall have died, by right of representation.
the other children of his said parent shall also be dead, and any of them shall liave left issue, the estate that came to said child by inheritance from his said paretit, shall descend to all the issue of the other children of the same parent ; and if all the said issue are in the same degree of kindred to said child, they shall share the said estate equally ; otherwise they shall take according to the right of representation.
and be added to the capital of the school fund. Sec. 2271. When the owner of any homestead shall die, not having lawfully devised the same, such homestead shall descend free of all judgments and claims against such deceased owner or his estate, except mortgages lawfully executed thereon, and laborers' and mechanics' liens, in the manner following :
Sec. 2277. Every person of full age, and any married woman of the age of eighteen years and upward, being of sound mind, seized in his or her own right of any lands, or of any right thereto, or entitled to any interest tiierein, descendible to his or her lieirs, may devise and dispose of the same by last will and testament in writing ; and all such estate not disposed of by will, shall descend as the estate of an intestate, being chargeable, in both cases, with the payment of all his debts or her debts, except as provided in the ne.xt preceding chapter, and in section twentv-two hundred and eighty.
Sec. 227 !S. Every devise of land in any will shall be construed to convey all the estate of the devisor therein, whicli he could lawfully devise, unless it shall clearly appear by the will that the devisor intended to convey a less estate.
Sec. 2279. Any estate, right 6r interest in lands acquired by the testator, after the making of his will, shall pass thereby in like manner as if possessed at the time of making the will, if such shall manifestly appear, by the will, to have been the intention of the testator.
Sec. 22<SU. AVhen any homestead shall have been disposed of by the last will and testament of the owner thereof, the devisee shall take the same, free of all ju<lgments and claims against the testator or his estate, except mortgages lawfully executed thereon, and laborers' and mechanics' liens.
Sec. 2281. Every person of full age, and every married woman of the age of eighteen years and upward, being of sound mind, may, by last will and testament in writing, bequeath and dispose of all his or her personal estate remaining at his or her decease, and all his or her rights thereto and interest therein, subject to the payment of debts; and all such estate not disposed of by the will shall be administered as intestate estate.
Sec. 2284. All beneficial devises, legacies and gifts whatsoever, made or given in any will to a subscribing witness thereto, shall be wholly void, unless there be two other competent subscribing witnesses to the same ; but a mere charge on the lands of the devisor for the payment of debts, shall not prevent his creditors from being competent witnesses to his will.
Sec. 228.5. But if such witness, to whom any beneficial devise may have been made or given, would have been entitled to any share of the estate of the testator, in case the will was not established, then so much of the share that would have descended or been distributed to such witness as will not exceed the devise or bequest made to him in the will, shall be saved to him, and he may recover the same of the devisees or legatees named in the will, in proportion to and out of the parts devised or l)e(|ueathed to them.
Provenance
Text from History of Iowa County, Wisconsin, Containing an Account of Its Settlement, Growth, Development and Resources...biographical Sketches.., published 1881, in the public domain in the United States and digitised by the Internet Archive.