Iowa County, Wisconsin - Chapter 5, 1881

Chapter 5

Official Rkcouds - La Fayette and Montgomery Counties - State Government and Sub. SEQUENT Reforms - Past ant) Present County Buildings - Judicial Districts and First Cases - The County Seat War - County Poor House and Farm.

Iowa County, one of the original sections of Wisconsin Territory, was organized by an act of the Legislative Council of the Territory of Michigan, approved October 29, 1829, to go into operation on the ensuing January. The area embraced all of the present State of Wisconsin south of the Wisconsin River and west of a line drawn due north from the northern boundary of Illinois through the middle of the portage between the Fox and Wisconsin Rivers. Samuel W. Beale and Louis Grignon. of Brown County, and Joseph M. Street, of Crawford County, were nominated, in the same act, Commissioners to select the county seat of the new county. They were required to perform the duty on or before January 1, 1830, and file their written decision with the County Clerk, and the place designated by them was to become the county seat. A stipulation in the act provided that, in the event of the Commissioners not making any return, then the county seat was to be temporarily established at Mineral Point. The county was divided into five precincts, for voting purposes, which were known as Pecatonica, Blue Mound, Fever River, Platte and Wisconsin.

The report of the Commissioners is not on file; consequently, it is not generally known that the town of their choice was old Helena, a settlement, which, at one time, gave promise of speedy development. The first session of the County Court was held here, but, owing to the paucity of the population, it was impossible to procure a full panel of jurors.

The Judge was James Duane Doty ; Warner Lewis acted as Clerk. The court was convened by J. P. Cox, as Sheriff, and, in the absence of jurors, was immediately adjourned. The case recorded for trial was a breach of martial law. The county seat was then transferred to Mineral Point, the center of the mining district, which teemed with life and industry.

The first meeting of the Board of Supervisors was held in May, 1830. Owing to the absence of the official records, the nature of the business transacted by them becomes a mere matter of conjecture. They evidently appointed, as Clerk, John L. Chasten, whose name figures subsequently in a discharge for dereliction of duty, in not attending the sessions of the board. M. G. Fitch was appointed in his stead. The sum of $11 was voted James Scantlin for the use of his house during the October terra of the Circuit Court. At the October session, a log cabin was purchased of G. B. Cole, of Mineral Point, wherein to incarcerate all malevolent individuals whose conduct rendered them amenable to the Territorial laws. The munificent sum of ^/iO was paid for this, the first county jail. The calaboose, which was nothing but a rude hut, was in an advanced stage of dilapidation, requiring immediate repairs, which were executed at a cost of ^50 - equal to the purchase money. Jonas Meirs was awarded the contract, and W. W. Woodbridge was allowed $1 for a plan of the repairs. Thomas McCraney presented his bill for §50, for services in transporting the laws of the Territory from Green Bay to Mineral Point. Payment was refused, and a resolution was adopted characterizing the charge as excessive and exorbitant. Among the very earliest appointments was a Sheriff, James P. Cox having first discharged the obligations of that office in consideration for certain perquisites.

At the session of the board that occurred in April, 1831, the representatives in attendance were Robert C. Hoard, of Pecatonica Township, Isaac Martin, of Wisconsin, and James Murphey, of Fever River. Blue Mounds District did not elect a Supervisor. A majority being present, they resolved themselves into a court and proceeded to business. This was the first session of the board that made any pretensions to regularity in the method of procedure, and we are to presume the county affairs were conducted with a gravity and deliberative ceremony commensurate with the onerous duties devolving on the three. The County Treasurer's report was received, audited and adopted, but, as to what was the source of revenue, how much or how little, no clew is afforded. It was resolved that licenses be issued to applicants to enable them to lawfully retail spirituous liquors, or to retail merchandise. The license was to be signed by the Supervisors and attested by the Clerk, wiio was instructed to make out forty copies forthwith. Rigid economy must have prevailed in those early times, which is rendered all the more glaring when contrasted with the lawless extravagance of our degenerate days. All bills were protested in a manner that must have sorely tested the amiability of the creditors. A Sheriff'"s bill for Jailer's expenses at §15 dollars a month, was denounced as exorbitant. Samuel W. Beale, who was appointed by the Legislature as one of the Commissioners to locate the county seat, presented a bill for $100 compensation for forty days' services. The amount was reduced to $G5, and paid. For transcribing the original county records from loose sheets of paper and furnishing a book for the same, M. G. Fitch was rewarded with $4. With a modesty worthy of imitation, the Supervisors only allow^ed themselves remuneration at 75 cents a day. In 1831, they awarded the contract for constructing a new jail to John Brown, for the sum of §5.38, George B. Cole going security. The jail was to be located on the north side of a lot of land occupied by James Scantlin, in Mineral Point.

The first legal services were rendered to the board by John Turney, who received $10 for representing the county in a disputed tax case in the Circuit Court.

The administration of the civil laws was attended with measures that would now be stigmatized as barbarous, but which, in the early era of a new country, were essential to the safety of life and limb. Among the artful devices for suppressing rebellious instincts in unruly prisoners were the stocks, an inseparable adjunct of every well-regulated jail. On inspecting the new house of detention, the Supervisors noted the absence of iron stocks, and therefore refused to accept the building from the contractor. The want was supplied in two weeks, when the work was approved.

The assessment roll for 1831 aggregated $58,777, and it was ordered that a tax of 1 per cent be levied in addition to a poll tax of .f 1 per head, to which 480 persons were liable. A penurious feeling governed all the actions of the board, which permeated all branches of tlie administration, and secured to the tax-payers at least a reduction of assessments. Costly justice, with its many channels for extravagance, was mastered and rendered subservient to the prevailing rule, as shown by a resolution allowiig Robert Dougherty 93J cents for trying and committing William Dolby and Michael Bushey. During the excitement attendant on the Black Hawk war, the jail at Mineral Point was razed to supply timber for constructing Fort Jackson. For this act of its officers, the Federal Government compensated the county by paying $18.80.

By an act of the Sixth Legislative Council of the Territory of Michigan, approved September G, 1834, the eastern bnundary of Iowa County was changed to the principal meridian dividing the Green Bay and Wisconsin Districts. This gave Iowa County a strip of territory three miles wide and on its eastern side, and constituted what is now the range line between Ranges 9 and 10, the boundary line on the cast.

The first census was taken in 1835, when the following officers canvassed the accompanying districts : Levi Sterling, Pi'catonica; Stephen Goff" and Henry Messersmith, Wisconsin; Josc])li R. Vineyard, Platte; M. G. Fitch, I due Mounds, and Orris Mc(_"artney for Grant.

The illicifsale of wiiisky (at twenty cents a gallon) proving a fruitful source of annoyance to all law-abidinj; citizens, the Supervisors at their April session undertook to repress its sale, or, at least, to confine it to licensed vendors. As they could not abolish the sale of liquors, they made a virtue out of a necessity, and proscribed grocers, or merchants other than saloon-keepers, from vending the ardent. The proscription was completely ignored, if the following preamble and resolution, adopted December 29, 1835, is to be credited :

Whereas, The resolution of the Boanl of Supervisors H'lopted April, 1835, has failed to produce the iDlended effect of suppressing the sale of ardent spirits by persons other than licensed tavern-keepers, be it therefore

Resolved, That from and after the 1st day of .January, 1836, licenses be granted for the keepers of groceries for one year at the rate of $32 in addition to a trader's license, when goods or merchandise other than spirits are sold, anything in the resolution referred to, to the contrary notwithstanding.

The generous and benevolent spirit in which the evil was accepted as one of the necessities of life must have won for the promoters of the resolution the heartfelt respect of the community, as ever after, the .spirit, if not the letter of the law was observed. The first Coroner's allowance appears in favor of J. II. Gentry, who was rewarded with the sum of §15 for holding inquisitions on the bodies of Edward J. Chaney and a Menomonee Indian, whose complex cognomen must have defied the efforts of early scribes to engross, as the name does not appear in the vouchers. This year, the township of Grant, now Fever River, made default in not organizing by the election of officers, and consequently they were annexed respectively to the townships of Wisconsin and Pecatonica.

The act establishing the Territorial Government of Wisconsin, approved by Congress April 20, 1836, divided the Territory into three counties - Brown, Iowa and Crawford. These were the original counties embraced within its borders.

Brown County included all the country east of a line drawn due north and south through the portage, between the Wisconsin and Neenah Rivers.

Iowa embraced all west of that line, and south of the Wisconsin River. Crawford occupied all the remainder, or all west of that line, and north of the Wisconsin River.

These boundaries are given to allow the reader to more correctly realize the radical changes that have re-organized the original Territory, and established over a score of counties. Under the Territorial law, the County Treasurer was obliged to give bonds of §4,000, as security for the faithful discharge of the duties of his office. At the first election for county officers under the new law, the following precincts were represented. Mineral Point, Diamond Grove, Dodgeville, Helena, Willow Springs, Wiota, Madison, Blue Mounds, Belmont, Blue River, Fever River, Buncomb, White Oak Springs, Gratiot's Grove, Elk Grove and Skinners.

By an act of the first Territorial Legislature of Wisconsin, approved Dec. 8. 1836, Iowa County, was divided and re-organized. That portion lying west of the Fourth Principal Meridian was set off" as Grant County. All that part lying east of the range line between Ranges 5 and 6 east, was attached to Green and Dane Counties. The balance of the old county of Iowa was a new county, still retaining the same name. By the same act, the county seat was located at Mineral Point. After the organization of Wisconsin Territory and the rehabilitation of Iowa County, the first meeting of tiie Board of Commissioners was held at Mineral Point April 2, 1838. William A. Deering, Robert C. Hoard and Francis C. Kirkpatrick were present and were administered the oath of office. Oliver P. Williams was elected clerk. At this meeting, Abner Nichols was appointed to examine the court house and determine what repairs were necessary to render the building suitable for habitation. The repairs were of a very comprehensive nature, and their demand reflected but little credit on the builder. They were described in a report as given herewith : " Lath and plaster all around and overheud. Below to be weather-boarded with one-inch furrow lines, put on with strong spikes. Buttoned shutters to be hung on the upper windows. Ceiled overhead ; ceiling to be matched. Walls to be lathed and plastereil, and lined with chair boards. The lower room to be supplied with a neat bar anil jury benches and boxes."

The County Clerk and District Court Clerk were ordered to secure suitaTile apartments at Mineral Point. An application to lease the court house for school purposes was made. On Septeu:ber 10, 1838, the first recorded election was held. The number of votes cast was 832.

William Sublette was elected Treasurer, John Bracken, Collector, and J. D. G.Fenelon, Clerk of the board. The Court of Record was the Territorial District Court, and Charles Dunn was the Presiding Judge.

The old Territorial road was the first, and, for a long time, remained the only highway through the county until in 1838 roads were surveyed and laid out between Mineral Point and Willow Springs; from Mineral Point to the Territorial road, connecting Blue Mounds and White Oak Springs, intersecting it later at Bedford. From 1838, the country was invaded by an army of settlers and miners, for whose wants roads were ramified through every section of the county.

The first toll bridge was built by Jamieson Hamilton over the Pecatonica, in the vicinity of his house, where the Blue Mounds Territorial road crossed the stream in Section 3, Town 2, Range

3 east. He was accorded the privilege, on paying to the County Board the cost of the bridge, plus 10 per cent. Mr. Hamilton controlled the traffic at this point until 1846, when he disposed of all his rights and transferred the bridge to the county for $150.

By an enactment of the Territorial Legislature, approved February 18, 1842, Richland County was erected and temporarily attached to the county of Iowa, for all county and judicial purposes. The same act authorized the Commissioners of Iowa County, to assess all the real and personal property of its protege which had been assessed in Crawford County, and collect the same as provided by law. Abner Nichols, James Murphy and John Ray were appointed Commissioners to locate the county .seat. The second section of the act authorizing the Assessors of Iowa County to assess personal property, was repealed in 1845.

In 1843, three additional polling-places were set off, namely. Porter's Grove, Gratiot and Richland. The precinct of Fretwell's Diggings was set off in 1844. In accordance with the statutes of Wisconsin, the county was divided into three assessing districts, as follows : District 1, Ranges 1 and 2, Moses Whiteside, Assessor ; District 2 to comprise Range 3 and the west half of Range 5 and west half of Range 4, assigned to Samuel Davis ; District 3 to comprise the east half of Ranges 4 and 5, assigned to Joel C. Landrum to assess. This year, the first map of Iowa County was drafted by Leander Judson, County Surveyor. He disposed of it to the County Board for $50. By an act of the Fourth Territorial Legislature, the fall term of the District Court was fi.xed for the fourth Monday in October, and the spring term for the first Monday in March.

La Fayette And Montgomery Counties

By an act of the Legislature, entitled "An Act to Divide the County of Iowa and Establish the Counties of La Fayette and Montgomery," approved January 31, 1846, the county was divided. The enactment reads as follows :

Sec 3. The County ("ominissioners of the county of lowii are hereby uilhorired and empowered to burrow at a rate of interest not exceeding 10 per cent per annum, the sum of $2(tD. and with the money so borrowed the said County Commissioners shall, by the Isi day of May next, select and enter or purchase one quarter-section of Ian I in Section 9 or Section 10, or in the south half of .Sections 3 or 4, or in the north half of Section !-"), in Town 2 of Range 3 east, and the quarter-section thus selected a d entered or purchased shall be the county seat of La Fayette, and. if this act shall be adopted by the people, as hereinafter provided, then the said quarter-section shall be and remain the properly of said county of La Fayette, and, in consideration thereof, the said county of La Fayette shall be and become liable to p^y said loan according to the tenor, terms and considerations on which the same shall be made, and, if this act shall not be adopted by the people in the manner hereinafter provided, then said quarter-section shall be and remain tlie property of the present county of Iowa, and the said county of Iowa shall be and become liable to pay said loan according to the tenor, terms and conditions on which the same shall be maile.

Sec. 4. The County Commissioners of the county of Iowa are hereby authorized to borrow, at a rate of interest not exceeding 10 percentum per annum, an additional sum of >;200. with which they shall, by the first day of May next, select ami enter, or purchase, a quarter-section of land in .Sections 21, 22 or 15, in Town 0 of Range 3 east, and the quarter-section thus selected and entered, or purchased, shall be the county seal of Montgomery County, and, if this act shall be adopte<^ by the people in the manner hereinafter provided, the said quarter-section in Town 6, of Range

3 east, shall be ami remain the jiroperly of said county of Monlgnmery, ami in considei^tion thereof Ihe said county of M'lntgoinery sliall be and become liable to pay last aforesai"! loan, according to the tenor, terms and conditions on which the same shall lie mmle, ami if this act shall not be adopied by the people in the manner hereinafter provided, then said quarter-section .shall be an<I remain the property of the present county of Iowa, and the said county of Iowa shall be and become liable to pay said loan, according to the tenor, terms and conditions on which the same shall be made.

Sec. 5. The County Commissioners, so soon as ihey shall have made such selections and entries, shall give public notice, in some newspaper of general circulation in the said county, of the two quarter-sections aforesaid, which they shall have selected an<l entered or purchased.

Sec. 6. At the general annual election, to be held in September nc.Nt, all Ihe voters in said county of Iowa authorized by law to vole for delegates to Congress shall vote for or against this act by depositing a ballot with the Judges of Klection. on which shall be written or printed the words " For the county division law " or " Against the county division law," which ballots shall be canvassed and returned in the manner provided by law for canvassing and returning the votes for county officers, and the result of said election shall be published by the Clerk of the lioard of County Commissioners of Iowa County in some newspaper of general circulation in said county.

Sec. 7. If a majority of said viiicrs shall approve of this act as aforesaid, then the Legislature of Wisconsi ', at its next session, shall proviile by law for the full organization of said counties, and this act shall go into effect from and after said organization.

Sec. 8. In case this act shall be approved by the people as aforesaid, the debts and liabilities of the county of Iowa shall be divided between said counties, and each of said counties shall pay such a proportion of said debts and liabilities as their population respectively, to be ascertained by the next census to be taken, shall bear to Ihe whole population of Iowa County, and the property and effects of said county shall be divided between said counties in the same proportion.

In compliance with the foregoing law, William Barrett, Thomas K. Gibson and Madison Brooke were appointed Commissioners to locate tiie county seat for the new county of La Fayette. The quarter-section of land was acquired from Jamieson Hamilton, by purcliase and exchange. The funds were supplied by Martial Cottle, who received a bond for §150, bearing interest at 10 per cent, and William Fields a similar bond for $50. At the election, a majority of the voters declared in favor of a division. Accordingly, at the next session of the Legislature, pursuant to enactment. La Fayette County was set off. At this session the remainder of the county was permitted to retain the old name of Iowa, in preference to the innovation of Montgomery. At the July session of the Iowa County Commissioners, it was ordered that, as the Board of Supervisors of La Fayette County had refused to receive the old Iowa County orders for its revenue for the year 1847, in the view of the board, it woulil be impolitic and inexpedient for the present Iowa County to receive old Iowa County orders for the revenue of 1847. until after the first Monday in December next, when the indebtedness of the respective counties of La Fayette and Iowa would be ascertained according to the retiuirements of law. On the specified day the Commissioners of La Fayette County made default, in not attending the arbitration meeting for the settlement of their indebtedness. This action provoked some bitterness, and the relations between the parent and child were assuming a hostile tone, when the finances were satisfactorily adjusted at a meeting helil December 23, 1847. By this agreement, Iowa County assumed the responsibility to pay all debts that were to accrue or had accrued, excepting the costs and expenses arising from a suit pending against La Fayette County, by which Henry Corwith, Matthew Ncwkirk and others were the plaintiffs. On the other hand, tiie county of La Fayette relintjuished tind transferred all her rights to a part of Lot 53, in Mineral Point, wherein was erected the court house and public offices, and was to pa}' §750 to Iowa County ; also, the latter county was to receive all dues and land papers that belonged to the old county of Iowa. This agreement was consummated at a joint meeting of the two boards, whereat the following representatives were present : .John Mullanphy, A. A. Camp and F. C. Kirkpatrick, of Iowa, and John Griffin and John Van Matre, of La Fayette County.

State Government And Subsequent Reforms

In January, 1846, a bill passed Congress, submitting the question of a State Constitution to the electors of Wisconsin, and the Territory was divided into election districts. The law was latified by a majority of the electors, and, at a subsequent election, delegates were chosen to represent Iowa County at the Convention for forming a State Constitution. Moses M. Strong,

This Convention met at Madison October 5, 1846, and, after a protracted session, adopted a Constitution, which was submitted to the voters at the spring election. At the same time, the people voted on granting suffrage to colored persons. The Constitution was accepted by the county by a vote of 1,444 to 1,417, but was rejected by the State at large. The question of suffrage was answered by a vote of sixty-nine in favor to an overwhelming opposition of 2,500. A second convention convened in 1847, when Iowa County was represented by Stephen P. Hollenbeck, Charles Bishop and Joseph Ward. To this Convention, the State is indebted for the Constitution, which, after having been approved by a popular vote, formed the basis of the present State law.

By an act, approved February 10, 1847, the location of the county seat was submitted to the voters in April, 1847. Mineral Point proved the favorite choice of the votors, who, by a majority of 219, selected that city for the county seat.

The first Board of Supervisors in the county, after the admission of Wisconsin to the Union as a State, was elected, April 3, 1849, and consisted of ten members. At a general election the same year, all necessary county officers were elected. Parley Eaton being chosen the first County Judge.

Under the State provisions, the fiscal affairs of the county were conducted with wisdom and caution, such as became a fully organized county. At a meeting of the board, convened in June, 1849, the following resolutions were recorded, deprecating the laxity that prevailed under previous administrations.

Resolved, That the Board of Supervisors of Iowa County, before closing the labors of the present session, fee it their houndeu duty that (he )iublic he apprised of some of the difficulties by which they are surrounded in adjust ing the financial aflairs of the county.

The reckless improvidence of the former Board of Commissioners for the support of paupers, and the allowance maile (o officers of the county, and even to themselves in shape of extra services, allowing bills of costs to officers of the courts, in some instances, at njore llian twice the sums given by the statutes ; receiving from the Collectors delinquent taxes year after year without holding them to a strict responsibility, are among the principal causes of the great depreciation of county properly at this time.

The books in the Clerk's otiice liave lieeu so carelessly and negliently kept, without system or arrangement, and not having even been posted, that it is impossible at this time for the board to ascertain either the liabilities or the funds belonging to the countj- ; and the Treasurer's office also needs reform and arrangement, the accounts in that office being confused.

And also the Judge of the Circuit (jourt, failing to hold the April term of said court according to law. and the District Attorney not being at his post at that time, has further increased the liability of the county at least $1,000 in the pay of the different officers of the court, jury fees, and for the support of prisoners confined in jail, that were ready and otight to have been tried at tliat term of court.

The Chairman was instructed to procure the services of some competent persons to audit the county records, examine the books, and compare the town files with the returns in the County Clerk's office. The different officers were cited before the board, and subjected to a rigid examination. The besom of reform was new, and a clean sweep was made in every department. To facilitate the investigation, $400 were appropriated to defray expenses. After this purifying and wholesome disinfection, an epoch of serenity and contentment dawned upon the community, and, for over a decade, county legislation was effected only by the ordinary experiences inseparable from the transaction of county business.

From this blissful slumber, the citizens were aroused by an agitation having for its object the removal of the county seat to Dodgeville, which eventuated in the caustic internecine warfare known as the "county seat war." On petition of the tax-payers of Waldwick for a division of the town, an election was held in April, 1860, and, a majority vote having been polled in favor of the division. Towns 4 and 5 north, of Range 5 east, were set off and organized as the town of Moscow. According to the provisions of the Revised Statutes of Wisconsin, in 1861, the county was divided into three Supervisors' districts. District 1 consisted of the towns of Mifflin, Linden, Mineral Point, Waldwick, Moscow and the city of Mineral Point. District No. 2 comprised the towns of Ridgeway, Dodgeville, Highland and the village of Dodgeville. District No. 3 included the remainder of towns of Wyoming, Clyde, Arena and Pulaski.

The ominous calm that ensued during the succeeding ten years can easily, in the light of subsequent events, be characterized as the forerunner of the terrible storm then brewing, which culminated in the bitter litigation on the validity of certain railroad bonds granted as a loan to the Mineral Point Railroad. A separate chapter is devoted to this topic in all its rami6ed details.

In March, 1871, in deference to a minority of the electors of the town of Ridgeway, an election was held to vote on the question of dividing the town in the center on the north-andsouth line and erecting two new towns. The proposition was defeated at the polls. During this year, the Treasurer's books, on examination, failed to correspond with the sworn returns of George H. Otis, the late Treasurer. A deficit was evident, and criminal proceedings were instituted against the offender. Armed with a State warrant, the Sheriff proceeded to arrest the defaulter, who, getting wind of his approach, fled from the country. A true bill was returned against him by the grand jury at the next session of the County Court, but Otis has since managed to evade the "lynx-eyed law " and retain his personal liberty. Another case of embezzlement cropped up in 1872, when Francis Vivian, a venerable and trusted officer of the county, was accused of not returning to the Board of Supervisors various sums of money received and entered in his books. The accused strenuously asseverated his complete innocence of the grave charge, and volunteered to submit his books to be audited by a special committee. The examination revealed a deficiency of about $15,000, and also demonstrated that the ex- Sheriff had been victimized to that extent by the machinations of his deputies, in whom he had confided implicitly. Mr. Vivian was so deeply affected and sorely grieved by the inculpating testimony that he was totally prostrated mentally and physically. To erase the stain occasioned by the betrayal of his subordinates, he disposed of his property, and by other means raised the amount of $5,300, with which a compromise was effected.

In 1835, the people of Mineral Point subscribed §575 toward building a court house, and the Sheriff, Levi Sterling, was directed to contract for the erection of a suitable edifice. The specifications provided for a building 24 feet square, of hewn logs, and two stories in height. The lower floor was to be 8 feet in the clear, and the upper story was to measure 7 feet. Both stories to have strong oaken joists and sleepers, with oaken flooring of one-and-one-fourthinch plank. The upper story was to be divided into four rooms with plank partitions, and the roof was to be covered with shingles in a workmanlike manner. AVinding stairs, encased from the level of the windows, were to communicate with the upper floor. Three rooms were to have one window each, and the doors were to be hung with good butt hinges and screws. The Judges' bench was to be elevated two feet from the level of the floor, with proper steps. A table seven feet long was to be provided for the bar and Clerk of the Court. Both rooms on the upper and lower floor were to be supplied with seats for the jury. The upper rooms were to be ceiled with half-inch plank having the under side dressed. Tiie building was to be well stocked and pointed with lime mortar; furnished with good and suSicient sash for the windows, with good glass put in with putty. The Sheriff was allowed the option of using stone or wood for the floor of the lower story.

During the year 1842, the necessity of a county building for the centralization of the county business, was rendered obviously manifest by the incessant inconvenience occasioned by the location of the courts and SiierifTs offices in one part of the town, while the other officers were quartered elsewhere. The loss of time and delays inseparable from such a wretched condition, prompted the Board of Supervisors to advertise for proposals, for the erection of a commodious building, containing accommodations for the dispatch of all county business. The tenders were opened July 28, 1842, when the contract was awarded to Eleazar Smith and Michael Carson, whose joint bid for §6,150 was declared the lowest. The contractors accepted the Supervisor's terms, and furnished bonds guaranteeing the completion of the building, ready for the reception of the officers, in June, 1843. To vacate the site of the new building, the ancient court house was sold at public auction July 31, 1842, with a stipulation that the purchaser should remove the structure back forty feet, and leave it in good condition, to be delivered when vacated by the county in 1843.

At a meeting of the County Board April 25, 1843, the Presbyterian Church of Mineral Point, through their agent, Mr. John Bracken, proposed to loan the county of Iowa the sum of $500, and $100 additional if the funds of the society admitted it, conditional that the county was to give that denomination the exclusive use of the court-room for religious services, when not occupied for other purposes. They were not to receive any interest on the loan, and, if funds were available, they were to add a bell to the court house. At any time when the board desired to refund the money, the society's privileges were to cease. This liberal offer was instantly accepted, and John Bracken was ordered to pay the money to the court house contractors as the work advanced. This resolution was subsequently rescinded, when it was learned that the society refused to indorse the action of their agent, who, they claimed, was not empowered to act for them. From this date, the work progressed at a snail-like pace, owing to the want of money which crippled the contractors. A subscription list was opened at Francis J. Dunn's office, by some public-spirited citizens of Mineral Point, and the sum of $600 was quickly realized.

About this time, the specifications were altered in such a manner as to revolutionize the original plan, and work a decided improvement in the e-xternal appearance of the building. The roof was changed from a conical shape, to a straight pitch with a pediment. The dome was removed from the center of the building to the front, and re-constructed according to a plan drawn by E. Penoga, for a court house at Rockford, 111. Four columns twenty-eight feet in height were erected, to make a portico ten feet in width. For these extras, the builders were allowed $1,318.50.

In 1872, increased duties of the county offices, incidental to a growing business, rendered imperative the demand for more commodious quarters. The jail and Sheriff's residence still retained their original location, occupying the south half of the court house, to the exclusion of more important offices. With a thought to the future demands of an extensive population, the erection of an independent building for a jail was deemed advisable. The lower floor of the court house was remodeled into offices at an expense of $2,400. A substantial stone jail and Sheriff's residence were erected at the same time, involving an expenditure of $12,500. The design of the jail is the embodiment of the best points contained in draughts of the Milwaukee and Lancaster prisons. The jail measures on the ground, 32x34 feet, and is seventeen feet high above the water-table. The walls are of stone, lined on the inside with one-quarter-inch boiler-iron plate. The interior is divided into eight compartments or cells, arranged in two tiers, the upper two being reached by an iron stairway and balcony. The Sheriffs domicile is a comfortable stone residence, measuring 22x40 feet in area, and twenty feet high.

The town of Eden was platted and set off January 4, 1877, when the first election was held in the schoolhouse of District No. 0. Eden was erected by taking twenty-six sections from Town 6, Range 1, of Highland, and eight sections in Town 6, Range 2 east.

In 1877, a petition signed by several hundred voters was presented to the Board of Supervisors, asking that the town of Dodgeville be separated from the village of the same title, for assessment purposes. The committee to whom the bill was referred, reported, that, upon careful examination of the law, they found that such separation would deprive the villagers of a government, as their charter conferred no power, and made no provision for the assessment and collection of taxes, or for holding elections other than for tlie election of village officers. The result, therefore, of granting the petition, would be to disfranchise the inhabitants of the village of Dodgeville until such time as an amendment to their charter could be procured from the Legislature. In accordance with the report, the petition was placed on file.

Heretofore, the sessions of the board had been guided by the dictates of prudence, and logical discussion was always admitted without regard to the irrelevancy of the subject. To terminate all idle wrangling, and to conduct deliberations with a dignity commensurate with their importance, a code of rules was adopted October 26, 1877. The rules of parliamentary practice as comprised in Jefferson's code, were constituted the standard authority. The following standing committees were struck off: On General Claims, Tax Claims, Equalization and Assessment, Finances and Taxation, Public Property, Treasurer's Accounts and Clerk's Accounts. All business coming under notice of the board must await a report of the respective committees prior to being ultimately disposed of.

Judicial Districts And First Cases

Before the organization of the county of Iowa, the inhabitants of the territory now embraced by Grant, La Fayette and Iowa Counties, were wont to adjust their grievances in a legal manner before the United States District Court, then represented by Judge Duane Doty at Prairie du Cliien, the county seat of Crawford County. Subsequent to 1829, the civil and criminal calendar was governed by the county Justices of the Peace, who, in the event of a grievous misdemeanor, after a hearing, would commit the offender for trial at Prairie du Chien.

The counties of Iowa and Crawford, by an act approved November 15, 1836, were constituted the First Judicial District. Charles Dunn, Chief Justice of the Supreme Court of Wisconsin, was appointed first Judge of the First District. The first annual court should be convened for Iowa County on the third Monday of May and the first Monday of October, being twice a year.

The first divorces in Iowa County were effected by acts of Decembers and 9, 1837, whereby bills of separation were granted to John and Mary McArthur, and A. W. Flovd and Eleanor Floyd.

The first term of the United States District Court for this county was convened at the Court House in Mineral Point on the third Monday of May, 1837, by Hon. Charles Dunn, Chief Justice of the Territory and sole Judge of the said court. The court was opened by Justice De Seelhorst, Sheriff, who returned into court a panel of grand jurors, consisting of the following persons :

The court having appointed Edward McSlierry Clerk of the Court, he appeared and qualified by taking the requisite oath of office. Robert Douglierty was chosen Deputy Clerk.

On motion of the Attorney General, an order was granted by the court for a grand jury, the order being made ''returnable instanter." On calling the panel of jurors, fifteen responded to their names, and the remaining nine were adjudged guilcy of contempt and a fine entered against their names. On the delinquent jurors appearing next day and advancing apologies for their remissness, the fines were remitted by order of the court.

Moses M. Strong and Charles S. Hempstead, on motion of Thomas P. Burnett were admitted to the practice of their profession as advocates at the bar of Iowa County. Cyrus S. Jacobs presented his license, and w.is accorded the same privilege.

The first ease heard by the court was that of Ira and Milton Bevans vs. Joseph Morrison, on a question of law. Parley Eaton moved before the court for a rule upon the Justice before whom the proceedings were heard in this suit, to make a return for reasons filed. The motion was taken under advisement.

The two first judgments recorded were entered against two prominent pioneers for the simple offense of assault and battery. The date of entry w;is May 11, 1837.

In the suit of the United States vs. Jamieson Hamilton, the defendant was mulcted in a fine of §10, regardless of his plea of "not guilty." The second case was against Henry L. Dodge, who was condemned to pay §3 and costs, amounting to Sll.lSf.

Dodgeville provoked the embittered struggle, and always acted on the offensive. By the astute generalship and liberality of her citizens, the superior natural advantages of Mineral Point were developed into insignificance, and its officers were reluctantly forced to imbrue themselves in the conflict. With nothing to gain, and everything to lose, the combat was unequal, and, solely for the purpose of preserving her institutions against hostile invasion, the people of Mineral Point took up the defensive.

The first presentment of the impending trouble, loomed up on the political horizon in 1855, when two petitions \seve presented to the Legislature, praying for the removal of the county seat. One memorial, comprising l,-300 signatures, favored the selection of Dodgeville, and the other document, representing the views of 600 voters, urged the eligibility of Linden. The latter bill was thrown into the shade by the preponderance of opinion in favor of the former village. The Dodgeville bill was referred to a select committee of the Senate.

The Select Committee to whom was referred the Senate Bill No. 139, "A Bill to provide for the removal of the county seat of Iowa County from Mineral Point to Dodgeville," reported as follows : Upon the merits of the question involved in said bill, your committee are not of the opinion that it would be for the welfare of the people of the wliole county of Iowa, or of the majority, to remove the county seat from Mineral Point to Dodgeville ai the present time.

The majority of your committee are well acquainted with all sections and portions of the county of Iowa, and, while they readily admit the fact, that, in ordinary cases, the county seat should be as near as practicable to the geographical center of tlie county, yet there may be, and often are, instances where it is equally or more convenient and desirable to the whole people of a county, as a community, that the seat of justice should be located at a point quite remote from the geographical center. Such an instance, in the opinion of your committee, is presented by the county of Iowa, as at present exhibited and settled. This is chiefly owing to the peculiar relative positions of the mining and farming settlements, and towns in said county, and the greater density of the former over the latter.

Tlie county seat of Iowa County as at present bounded and organized, was located at Mineral Point by a vote of the people, after a spirited contest in 1847, since which time the inhabitants of the county have with great unanimity acquiesced in its permanent location there. At that point, the county has all the necessary buildings for county purposes.

The county of Iowa has been peculiarly and unfortunately situated. Once embracing nearly three-fourths of the territory constituting our State, in the erection of public buildings and other sources of expenditure incident to a large, though spar,«ely settled country, she, at an early day, became deeply involved in debt, but a small portion of which has been paid or assumed by either of the flourishing and vigorous counties which have, from time to time, been organized from the borders of --old Iowa;" hence, she has for years been struggling along, crippled in her resources, her paper scarcely worth .50 cents, and her taxes most grievous to he borne. But now, thank.s to the flourishing limes, abundant crops, and low taxes of the last two or three years, but more particularly to the prudent manner in which affairs of said county have been managed since the adoption of the town system of government therein, her -' oldest inhabitant" now for the first time sees his county out of debt, and her paper as good as cash at one hundred cents on the dollar. Under the above circumstances, your cnmmittee do not believe that a majority of the citizens of said county are desirous of moving their county seat eight miles to the village of Dodgeville, and enacting over the struggle of embarrassment and indebtedness necessarily incident to the erection of new county buildings, etc., from which she has just emerged.

Your committee are of opinion that questions which give rise to so much excitement of a personal and sectional character, and which are so frequently followed by expensive and vexatious litigation as county seat questions often arc, should be submitted to a vole of the people at the polls, except in cases of urgent public necessity, or at the deni ind of at least a large minority of those interested. We are of opinion that no such necessity or demand exists in the present instance.

' he chairman of your committee who introduced the bill under consideration, did so at the request of some three or four citizens of Dodgeville, who demanded its introduction as a matter of right, your chairman hopes in good faith. If, however, their main object or that of others operating through them, was to get the opinion on this subject of a legislative committee in general, or the chairman of your committee in particular, we trust they will not consider themselves disappointed.

The question of removal was mooted again in 1858, and a bill introduced into the Legislature, submitting the question to the vote of the electors at the general elections in the following November. This bill passed a final reading and was approved April 28, 1858. When the bill was before the House, Levi Sterling, a member of the Assembly from Iowa County, took a determined stand, opposing its passage. He objected to the proposed removal, on the ground of increased taxation, consequent on an augmented debt, which, in the prevalent financial stringency, was unadvisable. He likewise advanced a cogent argument in the title of the land, whereon the court house was erected, being vested in the city of Mineral Point, and that, on vacating the premises, the building would advert to that city, as the title was only valid so long as the county retained possession.

In the interregnum pending the election, Dodgeville citizens proposed to indemnif'/ the county for any possible damages arising from a change of location. By act of the Legislature, bonds amounting to §8,000 were issued and dci)0sited with the County Treasurer in trust, for a building fund. This amount was afterward increased by voluntary contributions.

At the November elections, the electors, by a majority of 3f)0, declared in favor of removal. At the announcement of the result, the county was convulsed to its very center, and, in the southern portions, the utterances were dire and deep, strongly denunciatory of the canvass as frauilulent. The northern section was satisfied with the gain, and took no pains to conceal their manifestations of triumph over their late antagonists. The existence of the two elements so diametrically opposed in their views, bred a hostility that threatened to embroil the partisans in a bitter enmity.

At the January session of the Board of Supervisors, in accordance with a resolution presented by L. W. Joiner, Francis Little, Gardiner C. Meiggs and Mr. Joiner, were constituted a building committee, with power to prepare plans and specifications for a building of sufficient capacity and suitable construction for a court house and jail, with proper juror's rooms and jailor's residence, not to exceed in cost §10,000. The Dodgeville bonds for $8,000 were accepted at par toward defraying the cost of the building. The committee was to select a site, and, after receiving a warranty deed for it, they were to advertise for proposals and lease the contract to the lowest tender. To facilitate the business of the board, the use of the town hall was offered free of rental. The county offices were then removed to Dodgeville, where the ensuing meeting of the board convened on July 11, 1859.

Before the election, the residents of Mineral Point were prone to regard the agitation as the vaporing of a few malcontents, with an ephemeral influence that could never materially affect their interests. Aroused to a full appreciation of the situation, a few of the leading men counseled together and discussed the best measures to reverse the popular decision. A loophole of escape was presented by the defective law under which the election was conducted. Immediate steps were adopted to annul the election, and to this eff"ecta formal demand was made upon the Register of Deeds, Joseph Lean, to remove his oflice and papers back to Mineral Point. The demand was not entertained. The illegality of the election was finally determined in the Supreme Court on an application for a writ of mandamus to compel Joseph Lean, Register of Deeds, to remove his office to Mineral Point. Judge Cothren appeared as counsel for Mineral Point, while Judge Orton represented Dodgeville. The former place contested the removal on the ground that the law did not take effect, because it was not published in accordance with the requirements of the statutes. It was also alleged that certain residents of Dodgeville executed bonds and trust deeds for the purpose of securing the erection of county buildings there in case of removal, and issued handbills informing the people of that fact ; and that this had a corrupting influence on the electors, in inducing more to vote for the removal than the actual majority in favor of it.

The court announced its decision by Associate Payne, holding the objections valid, and giving Dodgeville twenty days to establish its proofs of legal publication, in default of which judgment would go in favor of Mineral Point. An ultimate decision was arrived at on July 11, 1859, whereby the election was annulled. The judgment was delivered by Judge Payne, Justice Cole dissenting. T. J. Otis was the courier who conveyed the welcome intelligence to the well nigh frantic residents of Mineral Point. Although the messenger arrived at 3 o'clock in the morning, within a very few minutes the entire population was aroused by the clangor of church bells, the boom of cannon and the rattle of musketry. Bewildered, the citizens sprang from their beds, and, in disheveled attire, rushed into the streets, where they were speedily apprised of the turn in the tide of local events. About 7 o'clock, the youthful and aspiring " Young America" organized a procession, which, headed by a tin trumpet band, paraded the different streets, venting their superabundant enthusiasm in commingled noises. The city cannons not being considered equal to the occasion, a messenger was dispatched to Warren, 111., on the morning train, with instructions to charter a twelve pounder, regardless of expense. The artillery arrived in the afternoon, when a squad of amateur gunners were deputed to advance on Dodgeville, in sufficient proximity to carry the sounds of rejoicing into " the enemy's " camp.

The animosity was so fervent that it permeated the mercantile community, and, according to their views, the merchants and traders were patronized by the adherents of their own party. At tliat time only two papers existed in the county, and, as both of those were in Mineral Point, Dodgeville was without an organ to expound the particular political tenets of its people. To remedy the deficiency, and to comply with the law relating to the publication of local laws, the loivu County Advocate was founded in 1858, and, subsequently, the Herald, published also in the interests of Dodgeville, made its appearance. The Herald, having been instituted to admit of tlie publication of the law in two county papers, was only short lived, and lapsed into oblivion on fulfilling its functions. Partisan doctrines of the most radical character were freely promulgated, and the salient weaknesses of the two towns were enlarged upon and distorted in an effort to win votes. Personalities were also freely indulged in. Obloquy and contumely were interchanged with a liberality, that, in the present day of libel suits, would be fruitful of financial ruin.

In 1861, application was renewed to the Legislature, and a bill was sanctioned whereby the voters were authorized to record their decision, and determine the vexed question on April 2, 1861. At that election, a majority of the voters declared in favor of removal. The event was signalized in an appropriate manner by the residents of Dodgeville, who received the information with manifestations of profuse joy, and heralded the advent of the county officers into their midst, with a procession of fire-works and other demonstrations of delight. Pursuant to this declaration, the county records were removed to the new Dodgeville Court House in July of the same year. The first session of the Board of Supervisors in the new county building, convened on April 2-3, 1861. The court house had been designed only to accommodate the judiciary of the county, and the lower portion was furnished as a jail, with Sheriff's quarters. The County (Jlerk and Register of Deeds were temporarily lodged, according to the facilities afforded by the building. A separate fire-proof building was deemed a necessary adjunct, and, to indemnify the county for the cost of its construction, a committee composed of Joseph Lean, Samuel Hoskins, B. F. Thomas, Ben Thomas, Thomas Stephens, William Hendy, Richard Arundell, John R. Roberts, Charles Hope, George W. Burrall, Henry Madden and Messrs. Wheeler & Co., pledged themselves to erect the building, and also to pay into the county treasury the sum of §3.000, conditional that they should receive a quit-claim deed to all the county property in Mineral Point. This proposition was not entertained.

The title to a plot of land in Mineral Point, commonly known as ''the public square," on which the county buildings were situated, had proved a source of many misgivings to the County Board, who were now brought face to face with a problem even more difficult of solution than that of the county seat. A committee was appointed in July, 1861, to consult with the City Council of Mineral Point and arrange a settlement. All their peace offerings were indignantly scouted by the irritated citizens, who denied the county's title to the court house, as it was erected on the public domain, vested in the city of Mineral Point in trust for the ]ieople of that citv. To avoid litigation, however, they were willing to pay $1,600 in four annual installments. This offer was not accepted by the committee, who offered, as a retroactive compromise, to divide the property, by running a line, northerly, at right angles Avith High street, along the easterly line of the court house to the jail alley ; the county to take the easterly half and Mineral Point the western half with all the buildings thereon. Objection was raised, and the Common Council refused to accede to the proposition. Then the county engage<l the services of Hon. James H. Knowlton, of Chicago, to bring suit against the captious citizens for thefull amount of the property. M. M. Cothren appeared for the city of ^Lneral Point, and Judge Dunn, by power of attorney, conducted the prosecution. The arguments were heard in the United States District Court, and, after a final hearing, a judgment was recorded adverse to the county. Defeated at all points, the County Board was fain to submit as gracefully as circumstances permitted, and repair their many egregious errors by accepting, on May 25, 186S, a proposal from Mineral Point to pay $1,500, with $500 interest, payable in three annual payments, as settlement in full for the disputed title. This was the last act of antagonism and closing scene in the memorable county-seat feud.

County Poor House And Farm

Anterior to 1853, the system of hiring paupers and aged indigents to contractors prevailed to a great e.xtent in Iowa County, which had not yet attained sufficient independence to provide directly for the maintenance and support of the nonproductive class. Each town was responsible for the welfare of all paupers within its prescribed limits. Secret transfers of the insane and poverty-stricken from the limits of one town to the more liberal precincts of another, provided a constant and endless source of recrimination.

In January, 1853, at the annual session of the Board of Supervisors, a committee was appointed to examine into the respective merits of the town system, and the otherwise prevalent scheme of mobilization at the expense of the county. This committee, while admitting the propriety of a change, opposed the county assuming charge of the poor within its confines, owing to the great addition that would be necessitated in the annual assessment. Nothing further was accomplished toward ameliorating the pauper system until after the lapse of six years, when a resolution, presented by M. M. Strong, was referred to a special committee, who reported favorably. On this recommendation, the resolution was adopted, November 20, 1859, and is given herewith :

Resolved, That from and after the first day of June, 1860, all disiinciions between counly and town poor slmll be abolished, and the poor, from and afier thai time, shall be maintained by the county, and, for the purpose of carrying into effect the spirit of this resolution, there shall be elected, at the present session of the Board of Supervisors, three County Poor .Superintendents, who shall hold office for the respective terms of one. two and three years, and who shall proceed to qualify in (lie requirements of the statute in such cases made and provided. Their duly shall he to ascertain, as nearly as possible, the number of paupers in the county ; the condition of each ; how many require full support, and the number requiring partial support, and such other information as would be necessary for them to form an estimate of Ihe probable expense of supporting Ihe poor upon iho poor house and farm system; and, on the first day of .June, 18(50, to taiie charge of the poor of the county. To make such arrangements for their maintenance and support as they shall deem best for the interests of the county ; and also that the (?ounty Treasurer be requested to pay over to the County Superinlen<lents all moneys that are or shall come into his hands, which are orshall be by law appropriated for the support of the poor. The said Superintendents are hereby instructed and directed to purchase an improved farm, not to exceed Hid acres, a portion of wliicli shall be timbered land, and situated asnearlhecenler of the county as practicable, Ihe price of which shall not exceed §4,000, to be paid in two annual installments, on June 1, 18G1, and June 1, 18(i2.

The first appropriation was for $3,600, to meet the annual expenses. The Superintendents in June purchased the farm of Peter Temby. The farm comprised 120 acres under cultivation, with a dense growth of timber covering 60 acres, as it now remains. Stock and agricultural implements, valueil at §1.200, were also purchased with the farm. Peter Temby was appointed the first Overseer of the Poor of Iowa County, and, in that capacity, continued in charge for some time.

Every person becoming an inmate of this house is required to use respectful language to the superior and to each other ; to use no vulgar, profane, or disrespectful language, and. in all things, to be governed by the subjoined rules :

Each person must do such work as the Overseer finds them capable of doing. All lights to be extinguished by 9 o'clock. Each female must keep her own room clean and in proper order. No person shall absent himself or herself from the farm without the consent of the Overseer. For the first violation of the last rule, the delinf|uent shall be punished; on a repetition of the offense, he or she shall be expelled and shall not be re-admitted to the poor house for the space of three months, except upon an express order of the Superintendents. Any violation of these rules shall be punished by a bread-and-water diet, at the discretion of the Overseer.

Soon after the purchase of the farm, an addition was built to the large two-story stone house erected by Mr. Temby, and a separate building was constructed for the reception of insane paupers. The substantial 30x45 barn was built in 1863, at a cost of ^1,000, and the quarters of the insane were further enlarged in 1872. Finding the accommodation for the lunatic class inadequate to the demand, and incompatible with modern ideas of reform, a two-story building, wholly devoted to this class of unfortunates, was erected in 1878. The farm and almshouse presents every indication of thrift and comfort, and during its existence not a single complaint of neglect or mismanagement has been lodged against the Superintendent or Overseer, who personally supervise the affairs of the institution. There are now lodged and supported at the expense of the county thirty-eight paupers, seven of whom are classed as insane.

In 1867, Overseer Peter Temby was succeeded by Thomas Thomas, who. three years subsequently, was displaced by M. F. Rewey. At the annual session of the Board of Supervisors, held January, 1881, the resignation of M. F. Rewey was accepted, and the present Overseer, Edward Perkins, was appointed.