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July 7th, the Commissioners appointed John P. Cook, Esq., as their “true” and lawful attorney, to contract for the erection of a county Court House in the town of Tipton, near the center of the public square; the same to be a frame building, the cost not to exceed four thousand dollars. The order making this appointment, stipulated that Cook should not bind the Commissioners for the payment of any money out of the county treasury, arising from the sale of town lots, that would interfere with the payments for the erection of the jail, but was authorized to pay the contractor or contractors for the erection of the Court House out of the first money in the treasury of Cedar County arising from the sale of town lots in the town of Tipton after the contractor for the county jail should be paid. Cook was also made a “true and lawful agent” for the sale of any of the unsold lots in Tipton to the contractor or contractors for the erection of the court house, at such prices as in his judgment he might think best. The order making this appointment, concludes thus:
Giving and granting unto our said attorney by these presents, full power and authority, in and about the premises, to have, sue and take all lawful ways and means in our name, for the purposes aforesaid, and generally to do all other acts and things in the law whatsoever needful and necessary to be done in and about the premises above specified for us, and in our names, to do and execute and perform, as fully and to all intents and purposes, as we ourselves might or could do, by order of this Board, hereby delegating to our said attorney all the power of this Board of Commissioners, as fully as they themselves could act for the purposes and objects heretofore specified in this order.
The plans adopted for the Court House here mentioned, provided for a building 36x42 feet, of two stories; the lower story to be divided into two rooms and the upper story into four rooms. The lower story to be eight feet and the upper story ten feet in the clear.
The last session of the Board of Commissioners for the year 1841, was held on the 19th day of October.
In 1842, the following entry appears of record under date of January 6th.
STATEMENT OF COUNTY ORDERS RECEIVED AND ISSUED DURING THE YEAR 1841
| Amount of County Orders issued | $1,519.54 | | |
| Amount received over amount issued | 220.56 | ___ | $1,740.10 |
| Amount of County Orders received | | | 1,749.10 |
| Amount of Orders issued | | | 954.96 |
| Amount of Town Orders received | 763.22 | | |
| Deficiency of receipts | 191.74 | ___ | 954.96 |
July 7th, John P. Cook was allowed $100.00 out of the town funds for services as agent for the sale of lots in Tipton and letting contract for the erection of a Court House, and superintending the building of the same, from June 1, 1841, to June 1, 1842. Mr. Cook’s compensation, as agent for the sale of town lots, was fixed at the sum of $100.00 per annum, to be paid out of the funds arising from the sale of town lots. Bonds in the sum of $500.00 were required of Mr. Cook, with good and sufficient security.
The several sessions of the Commissioners during the remainder of 1842, were devoted to ordinary county business, examining road petitions, granting road views, etc. In those days, there was not so much business to demand attention as at present. Compared with the present, the population was light; . . .
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. . . the country was not nearly one-fourth occupied. In the establishment of roads, bridges were necessary across some of the larger streams, but these bridges were of the simplest kind of construction, although strong. No one thought of building the commonest bridge without heavy sills and other heavy timbers, two-inch mortises and tenons, and everything else correspondingly strong. Now, great railroad bridges are built across the mightiest rivers, of small timbers and without mortises or tenons. So much for the advancement of science and the mechanic arts.
July 18th, 1843, the Commissioners accepted the jail from the contractors, and settled with them in full for the erection of the same. A balance of $900.98 was found to be due the contractors, and the Clerk was ordered to issue an order to them in payment thereof.
In 1844, at their first session in January, the Commissioners fixed a minimum price on all the unsold lots in Tipton—the highest price being $35.00, and the lowest price $5.00. A price was also fixed on blocks, 8, 21, 22, 35, 36, 49, 48, 47, 46, 44, 43, 42 and 23. The minimum price of blocks, where whole blocks were sold, was established at $50.00, Block__ was ordered to be sold for a burying ground, and that the minimum price be $25.00. A price was also fixed on sundry other lots and blocks. The object of the Commissioners was to fix the price of lots within the reach of every one who wanted a home. The policy was unquestionably a wise one, and many of the early settlers of Tipton, no doubt, owe their first ownership of real estate to the liberality of the County Commissioners—J. P. Conklin, W. A. Rigby and J. P. Crane.
July 2d, the Clerk was directed to levy a tax of one cent on the dollar of the assessment for county purposes, one-half cent on the dollar for Territorial purposes, and ten cents on the dollar for road purposes.
January 6th, 1834, it was “Ordered that the two northern tiers of sections of Iowa township be thereafter attached to Linn Township for election purposes, and detached from Iowa Township.”
J anuary 8th, William H. Tuthill was appointed an agent for the sale of town lots until the July session of the Board.
July 9th, the records show the following to have been the financial condition of the county:
| Total receipts for 1844 | $3,056.99 |
| Total expenditures | $1,673.32 |
| Total receipts over expenditures | $333.67 |
The work on the Court House does not seem to have been progressing very satisfactorily, for on the 4th of February it was—
Ordered, That John Leith do cease from all further work on the Court House, and that the Commissioners take possession of the same, he having forfeited his contract for building said Court House, and that the Clerk do notify said Leith to proceed no further under said contract.
Ordered, That the Clerk do advertise by written notices for proposals to finish the Court House agreeable to the plan of the original contract, the proposals to be received until the first Monday in April next, when they will be opened by the Commissioners, and the contract let to the lowest bidder—the bids to be at the minimum price of Tipton lots, and at the price in county orders, the option to be with the Commissioners—each bid to be accompanied with security for the faithful performance of the proposition.
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April 7th, the following entry was made: “This being the day established by law for the Clerk to proportion the number of jurors to the several townships or precincts, they are proportioned as follows, viz.:
| Center Township having | 135 | voters is entitled to | 59 | jurors |
| Rochester Township having | 130 | voters is entitled to | 11 | jurors |
| Linn Township having | 55 | voters is entitled to | 21 | jurors |
| Iowa Township having | 27 | voters is entitled to | 11 | jurors |
| Springfield Township having | 24 | voters is entitled to | 9 | jurors |
| | 389 | voters is entitled to | 150 | jurors |
So that, in April, 1845, there were only 389 voters in Cedar County. The ratio of population was not as large then as it is at present, from the fact that there were a goodly number of old bachelors among the settlers. Five persons, including men, women and children, are usually reckoned to one vote. In 1845, there were not more than three. Accepting this estimate as correct, the entire population of that time would not exceed 1,167.
April 28, at a special session, the following entry was made:
That the statement of P. J. Friend, of taxes for 1843 and 1844, as follows, be accepted:
| Amount of Assessment Roll, county and poll tax | $2,361.90 |
| Amount of property assessed by Collector | 21.95 |
| Total | $2,383.85 |
| |
| Amount paid by Collector in January | $1,943.09 |
| Amount paid by Collector this day | 339.56 |
| Amount of delinquent list | 101.20 |
| Total | $2,383.85 |
Ordered, That the bill of P. J. Friend, Treasurer, at 5 per cent. On $339.56 collected by him balance of tax of 1843 and 1844, for $16.97, and for one quire of paper, 40 cents--$17.47—be allowed.
On the same day it was “Ordered, that a license to keep a ferry across Cedar River, at the town of Rochester, for the term of 1 year from the 1st day of May next, be granted to John T. Dillon, on his paying into the treasury the sum of $5.00, and that the rates of ferriage be as follows, to wit:
| For each wagon and two horses | 25 cents |
| For each wagon and four horses | 40 cents |
| For each wagon and one horse | 25 cents |
| For each man and horse | 12 ½ cents |
| For each footman | 6 ½ cents |
| For each head of loose cattle or horses | 6 ½ cents |
| For each head of sheep or hogs | 3 cents” |
It was also “Ordered by the Board that the above license be further extended two years from the expiration of the first year, upon the said John F. Dillon paying into the County Treasury five dollars per annum, and shall keep at said town of Rochester a good rope and chain ferry.”
April 29th, “That the contract for finishing the Court House in Tipton, be let to Daniel Davis for the sum of nineteen hundred and forty-nine dollars, as particularly specified in a written contract this day entered into by the Board of County Commissioners and said Daniel Davis, and that said contract be deposited with A. G. Gillett.”
July 7th, it was “Ordered that a tier of sections be taken from the west side of Springfield Township and attached to Linn Township,” in answer to the prayer of Ebzy H. Carr. On the same day, the two southern tiers of sections in Township 81, lying east of Cedar River, were attached to Center Township, for township and school purposes.
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Joseph D. Denson was licensed to keep a ferry across the Wapsipinicon at his residence for one year, subject to the same rates as the Rochester Ferry. James H. Gower was also licensed to keep a ferry across Cedar River at Gower’s Ferry, now Cedar Bluff.
July 8th, the Clerk was directed to levy a tax on the value of property returned by the Township Assessors as follows: County tax, 5 mills on the dollar, and 50 cents on each poll; Territorial tax, one-half mill on the dollar; road tax, 15 cents on the dollar.
On the same day, William H. Tuthill was re-appointed County Agent for the sale of town lots, for the term of one year.
In 1846 “R. M. Long, Treasurer and Collector to this day” (January 6th) presented his report, which was accepted:
| Received Denson Ferry licenses, $2; Gower do $5 | | $7.00 |
| Received on town lots in Tipton | | 317.55 |
| Received on taxes | | 1,110.35 |
| | | $1.434.90 |
| Cr. by amount paid County Commissioners | $1,36 436 | |
| Cr. by Treasurer’s commission | 7 164 | $1,434.90 |
| Amount of delinquent tax list returned | | 441.19 |
| Amount of taxes collected by R.M.R. | | $1,108.35 |
| Amount of original tax list, 1845 | | $1,549.54 |
The receipts and expenditures for 1845, were as follows:
| Amount of receipts to this date (Jan. 7, 1846 | | $2,126.78 |
| Amount of expenditures, do | | $1,748.89 |
| Excess of receipts over expenditures | | $377.89 |
February 16th, it was “Ordered that Henry Hardman be Assessor of this county until his successor is elected and qualified, on his giving bonds and security.” Solomon Aldrich and Joseph K. Snyder became Mr. Hardman’s bondsmen.
April 14th, it was “Ordered that the portion of Cedar County lying west of the eastern boundary of Sections 29 and 32, in Township 80, Range 2, and of Sections 5, 8, 17, 20, 29 and 32, in Township 79, Range 2 and east of Cedar River, be hereafter Rochester Township; and that the portion of Township 79, lying between the eastern boundary of Cedar county, be hereafter Sugar Creek Township.” This order was so amended at a May session of the Commissioners as to include both townships in one, to be called Rochester.
May 18th, it was “Ordered that the Court House be received from the contractor, upon his making the roof, where the same joins the chimneys or flues, so as to exclude water.”
On the same day, it was “Ordered that the court room be appropriated to Samuel P. Higginson, John Culbertson, Lockwood Smith and P. Fleming to make preparations for a public celebration of the anniversary of American Independence, on the 2d, 3d and 4th day of July next.”
The first floor of the Court House was appropriated to the use of the District Clerk, County Commissioners, Clerk and Recorder. The room in the northwest corner of the second story was ordered to be rented to the Cedar Lodge for the term of six months, for the sum of $20.00, payable quarterly. The room in the southwest corner of the second story was appropriated to the use of the Treasurer, Surveyor and Sheriff, and to be used as a jury room during the sitting of courts.
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The first benches used in the Court House were made by Samuel Thompson, who was employed on the 8th of July, “to make nine long benches and three short benches for the court room, and a circular railing between the posts in the same. The nine long and one of the short benches to be made with backs, the whole to be finished previous to the first Monday in September next.” The contract price for this work was $40.00, payable on completion of the undertaking, as per verbal contract.
The first session of the District court held in the new Court House was in the Fall of 1846.
October 6th, it was “Ordered that on the 20th instant, the sheriff take possession of the jail and procure a padlock to fasten the lower part until a more suitable lock is procured; also, to lock the upper story of the same and keep the same closed unless he can rent it to a responsible person for sufficient to keep it in as good repair as it now is.”
This was the last meeting of the Board of County Commissioners held under Territorial jurisdiction, and a few facts relating to the change from Territorial to State Government are now in order.
On the 16th day of February, 1842, an act of the Legislature was passed providing for a convention and taking the necessary steps for the establishment of a State Government. The convention was to consist of eighty-two members, and to meet on the first Monday in the following November, but before the act became a law, it was to be submitted to and ratified by a vote of the people. It was so submitted at the next election and voted down.
February 12, 1844, another act was passed by the Territorial Legislature on the subject, which provided that at the next April election, the Judges of the Election should ask each qualified voter whether he was “for” or “against” a convention to form a State Constitution, and if a majority was found for a convention, then, at the next August election, the delegates should be chosen, of whom there were to be seventy members—afterward changed to seventy-two—and the convention to meet at Iowa City on the first Monday in the following October and form a constitution which was to be submitted to the people at the next April election. A majority was found in favor of State organization, and the convention assembled at Iowa City at the time appointed. Shepherd Leffler was chosen President of the convention, and what has been called the “Iron Bound” Constitution, was drafted. It provided that no private corporation should exist for more than twenty years, and that all the private property of the shareholders should be liable for the debts of the incorporation; and also, that no property of the inhabitants of the new State should ever be taken or used by any corporation without the consent of the owners. It further provided that no banks should be created unless the law creating them should first be submitted to and approved by the people.
The Convention did not wait to submit the result of their work to the people, but immediately sent the Constitution to Congress, with an application to be admitted as a State immediately.
On the 3d of March, 1845, Congress passed an act admitting Florida and Iowa into the Union, but with the boundaries of Iowa, as defined in the constitution framed by the Convention, materially changed and curtailed. The question being submitted to the people of Iowa at the next election, it was voted down by a large majority.
At the May session, 1855, of the Legislature, an act was passed providing that the Constitution, with the boundaries adopted by the Convention, should be submitted to a vote of the people at the next election. It was submitted and voted . . .
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. . . down by a larger majority that at the previous election. In 1846, Congress proposed the present boundary lines and another Constitutional Convention was held at Iowa City, in May, of that year, meeting on the 4th. A session fifteen days resulted in framing a Constitution which was ratified by the people at an election held on the 3d of August, 1846. At that election, 9,492 votes were cast “for” the constitution and 9,036 “against” it. This action of the people was re-affirmed by Congress, and on the 28th day of December, 1846, Iowa was admitted to the Union as an independent and sovereign State.
The first session of the Board of County Commissioners, under State organization, commenced on the 12th of April, 1847. At that meeting, the Clerk of the Board returned the report of votes given in Cedar County, on the 5th day April, for “a license” or “no license,” showing a majority of eight votes “against licensing the sale of spirituous liquors.” This was the first “fight” between the license and anti-license parties in the county, but the result quoted above did not settle the question. On the second day of the session, the Commissioners had under consideration the subject of granting license to retail dealers, and “ordered, that, there being a difference of opinion between the Board, as regards their authority to grant license for retailing spirituous liquors, that all applications for license be continued until the next regular meeting of the Board.” From the fact that the question was not called up at the “next regular session of the Board,” nor at any time during the Summer, it would appear that the Commissioners were afraid to tackle the question, notwithstanding the voters, by a majority of eight, had declared against license.
April 24th, R.M. Long, as Treasurer of the county, presented his report to date, which was accepted and ordered to be placed on file. The report was in the words and figures following, to wit:
| Amount of delinquent tax list, 1846 | | $419.30 |
| Amount deducted from tax of G. Bolton | $1.60 | |
| Amount deducted from tax of A. Kizer | $3.20 | |
| Amount deducted from tax of R. M. Long | $1.60 | |
| Amount deducted from tax of ___Ocheltree | $0.60 | $7.00 |
| Amount of County Orders sold by Treasurer for jail lock | | $30.00 |
| Amount of delinquent tax list, 1845 | | $99.96 |
| Commission of R. M. Long on $2,152.15 | | $107.60 |
| Amount paid Commissioners July 7, 1846 | 21.00 | |
| Amount paid Commissioners, this day (April 24, 1847) | 2,044.55 | |
| | | 2,065.55 |
| | | $2,729.41 |
| CONTRA. | | |
| By amount of tax list 1846 | $2610.20 | |
| By amount Dillon ferry license $10.00; Gower do, $5.00 | 15.00 | |
| By amount received from Conklin, over-paid commission | 6.00 | |
| By amount Coffey judgment, $66.74;Hardman do., $31.48 | 98.21 | |
| | | 2729.41 |
Thus far, the political economy of the county has been carefully and closely traced. Nine years have passed since the first meeting of the Board of County Commissioners was held. From small beginnings—almost nothing when the first assessment of personal property was made—the county has been steadily growing in wealth and is now on the highway to prosperity. To say that the early authorities were careful, prudent, honest and economical public servants, is not saying too much, as the interested reader will see by an examination of the several exhibits we have copied from the Commissioners’ journal. Here we leave the general details of county management, and will only note a . . .
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. . .few of the more important events, such as the building of the present jail and Court House, the railroad enterprises, poor farm, war record, iron bridges etc.
The first jail, as already stated, was completed and accepted by the Board of County Commissioners in July, 1843. It was a square log structure, and was erected on the east end of the lot now occupied by the residence of E. Ryder, and stood almost opposite the site now occupied by the blacksmith shop of Messrs. Murray & Elliott, on Fourth street. As described on the original town plat, it was on lot numbered ___, block 17. That building served its purpose until the present structure was erected, when its timbers were sold and removed to the country.
In the Fall of 1855, measures were inaugurated for the erection of a new and stronger county prison, and on the 2d of October, Joseph Lee and William Parker entered into a contract to furnish the stone for the present building. And on the 6th of the same month, S. A. Moffett and J. W. Lee contracted for the erection of the walls, etc. The prison and jailer’s residence are included under one roof. The front, or residence part of the structure is of brick and the prison part is of stone. The brick work was sub-let by Moffett & Lee to John Godden and A. Wentz. The building was completed in the Fall of 1856, and cost from $8,000 to $10,000. It is situated on lots numbered 9 and 10, block number 65, in what is known as Starr’s Addition, platted from the east half of the northwest quarter of Section 1, Township 80, Range 3.
THE COURT HOUSE.
May 18th, 1846, the County Commissioners accepted from the contractors the first Court House erected in Cedar County. It was a wooden structure, and occupied the center of the public square. As soon as fitted up, it was occupied by the several county officers, as previously mentioned, and the Fall term of court (1846) was held in its main room, Judge Williams presiding.
In 1856, the people of the county commenced to agitate the building of a new and better local temple of justice—one that would be in keeping with the character and importance of the county. Wells Spicer, Esq., was County Judge at this time, and in October, 1857, upon the eve of the expiration of his term of service, he entered into a contract for the erection of the present structure. The contract for the cut stone, brick and plastering work was awarded to Mr. Ed. Godden, at $14,800. The carpenter work was awarded to Samuel Tomlinson, at something over $10,000 (the exact figures could not be obtained). W. L. Carroll, of Davenport, was the architect and Superintendent. The galvanized iron work was furnished by C. Buckmuller & Co., of Davenport. Godden commenced operations soon after being awarded the contract, and the construction of the new Court House was pushed forward as rapidly as time and the elements would permit. It was fully completed in July, 1859, and the court room was first occupied in the Fall of that year, Judge Miller presiding. Its net cost is set down at $45,000.
Tomlinson’s eleventh and last estimate for carpenter work, amounting to $1,030.23, was ordered paid December 30, 1859. The court house square was first fenced in 1849, by J. C. Betts, at a cost of $100. It was re-fenced in 1859, by Charles Swetland.
It is but an act of simple justice to Wells Spicer, who is now in Utah, to record the fact that he is not responsible for placing the Court House on the outer edge of the west part of the public square. The next day after he let the contract, Mr. Spicer was succeeded in office by George Smith, who selected the site on which it now stands. When the selection was announced, the people . . .
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. . .petitioned “His Honor” to “reverse his decision,” and build it in the center of the public square, on the site of the old one. The excavations had been commenced, and the petitioners even offered to make the excavations in the center of the square at their own expense, if he would change the site. But he refused to heed the prayer of the petitioners, and ordered the excavations for the foundation walls be to be continued where the structure is erected. The petitioners had no choice but to submit, for the powers of injunctions and writs of restrainer were not so well understood in those days as they are now; were not so frequently applied, or Judge Smith, from whose decision the people were allowed no appeal, might have been interposed with a writ of compeller, and instead of being set out on the street, their Court House might have graced the center of a most beautiful public square. There is left them this consolation, however: before another national centennial day, a new, larger, grander and more extensive temple of justice will have become a necessity. The center of the square will be in waiting to receive it.
The old Court House was removed to the west side of Cedar street, between Fourth and Fifth streets, and is now occupied by the Conservative printing office, in the second story, and the lower story by Matt J. Cossman, grocer, and Mrs. Rodabush, milliner. The building is owned by H. C. Piatt and Charles Hammond. The Hammond part of it is occupied by Mrs. Rodabush and the Piatt party by Cossman.
