COURT HOUSE — SUPERVISORS — TOWNSHIPS IN 1883 — REFUNDING OF THE COUNTY BONDS

When Winnebago county was organized, its local government was vested in the county court. This court consisted of a judge, clerk and sheriff. The judge had almost absolute control and jurisdiction in all matters. He had all the powers now vested in the board of county supervisors; had jurisdiction in all matters of probate, issued marriage licenses, and attended to all financial matters. The first county judge was Robert Clark, who was succeeded by J.K. Boyd, and he by Samuel Tennis. The records of the proceedings of the county court were destroyed by fire, in the fall of 1861, and a perfect report of the government cannot be given.

The first case, which came before Judge Clark, was an election contest case, entitled: Iowa vs. George Nichols, James Jenkinson and John H.T. Ambrose. These parties were arrested for perjury on complaint of John Maben. They had sworn in their votes and complainant endeavored to prove that they were not citizens and not entitled to vote, which, if so decided by the court, would elect David Secor treasurer of Winnebago county. The case was duly tried, evidence presented and weighed by the judge, who decided that the defendants were not guilty, dismissed the case and ordered the prisoners set at liberty.

COURT HOUSE

One of the most important of the official actions of the first county judge was to provide for the erection of a substantial court house - one in which the county could take pride. The question of building a $20,000 court house was agitated, and a petition that such should be built was signed by all but one of the voters of the county. Judge Clark then, on the part of the county, entered into a contract with Martin Bumgardner for the erection of the building to cost that amount. County bonds were issued and Judge Clark went to New York city with Mr. Bumgardner, where the bonds were sold. Mr. bumgardner returned to Forest City, with a stock of goods and commenced in the mercantile business, but did not at once begin work on the court house. Finally, after much delay, the people impressed Mr. Bumgardner that the time had come when the court house must be built, and accordingly he began work on the foundation. About this time the county supervisor system was put into operation, and a board elected by the county. This new board decided that the county could not afford so costly a building, and passed a resolution repudiating the bonds issued by Judge Clark. An injuction was served on Mr. Bumgardner restraining him from the further prosecution of his work, and thus the matter stood for some time. Finally the courts decided that the action of Judge Clark was legal, and that the county was holden for bonds issued. In the meantime, however, Mr. Bumgardner had continued work on a smaller and cheaper court house, which he had completed. He demanded pay for this building, and through his agent, W.C. Stanberry, of Mason City, made a proposition to settle for $3,500. After much deliberation and several postponements, the supervisors accepted the proposition, and ordered the amount paid to W.C. Stanberry. The court house is a brick structure, two stories in height, and furnishes ample room for the county officers. It stands in the center of Forest City, in the court house square.

SUPERVISORS

In 1859 an act was passed by the General Assembly of Iowa, which changed the form of local government in the various counties throughout the State. This act provided for the election of a body termed the "board of supervisors," to supercede the old system of county court, and this board was vested with nearly all the authority formerly held by the court. The new board, as provided by the act of the Assembly, consisted of one supervisor from each organized township, making two members in all, as the county at this time was divided into but two townships, Forest and Pleasant.

Owing to the burning of the official proceedings of this board, for the first year, no record can be given dating prior to January, 1862. The names, however, of the members of the board for 1861 were as follows: E.D. Stockton, John Anderson and A.K. Curtis, clerk.

Jan. 6, 1862, the board of supervisors met at the court house in Forest City, with the following members present: Allen T. Cole, Charles D. Smith and A.K. Curtis, county clerk and ex-officio member. The board proceeded to effect a permanent organization by the election of Charles D. Smith as chairman for the ensuing year. The first act passed upon at this meeting was to authorize the clerk of the board "to draw warrants of the treasurer for all accounts allowed at this session."

At an adjourned meeting, held the day following, a motion was adopted, which is here given verbatim as taken from the clerk's book:

"Resolved, That John H.T. Ambrose be and he is hereby appointed as Referee to settle with Chas. H. Day, Ex-Treasurer and Recoder, of Winnebago county, Ia. Robert Clark we appointed on part C.H. Day meet County Referee and said Ambrose and Clark gave Bonds for faithful performance of their duty and were also sworn into office."

To in part explain this unique record, it may be well to state that shortly before the expiration of the term of office of C.H. Day as treasurer and recorder, the records of his office, with others, were totally destroyed by fire, and the supervisors adopted the above plan for settlement. On January 25, the referees made their report to the board, in which they set forth that Mr. Day owed the county about $5,000, which amount was at once paid to the supervisors in county warrants. Mr. Day then presented his bill for balance due on salary, $189.80, which was ordered to be paid.

In August the board met as per adjournment with C.D. Smith, chairman: A.T. Cole, supervisor; and John H.T. Ambrose, deputy clerk, present. Among other business transacted the following motion was passed:

"That each volunteer shall receive a bounty of $50 out of the county fund at the time of enlistment. Also, that each volunteer's wife shall receive from clerk $1 per week and each child fifty cents per week during the time said volunteer is in the service of the United States, or until the present war is ended."

At this meeting J.H.T. Ambrose was appointed clerk of district court, to fill the vacancy caused by the removal of A.K. Curtis, the former incumbent.

Jan. 5, 1863, the board met at Forest City. Present, C.D. Smith, chairman, William Lackore, supervisor elect, B.F. Wellman, supervisor at large, and E.D. Hinman, clerk. At this meeting, John S. Blowers presented a petition to divide Forest township. Petition laid over till next day and when then taken up, after due consideration the board decided waive action in the matter until their next meeting. At the next meeting, April 6, the petition was rejected.

At the meeting of the board, Sept. 14, 1863, a very important petition was presented. The petition asked the board to submit to the voters of Winnebago county, at the next general election, the question, "whether the county of Winnebago will change its southern boundary line so as to include within Winnebago county the north eight townships of Hancock county." The question was put in the shape of a motion, and, on vote, was carried, the clerk being ordered to give notice of election according to law. The election was held and the question defeated.

At the meeting of November 3, of this year, the court house was purchased by the board. Below is given a copy of the agreement between W.C. Stanberry and the board which explains itself.

Agreement:

"I have this day sold to Winnebago Co., Iowa, the brick court house erecte dby martin Bumgardner on the public square in Forest City, Iowa.

"Also - A certain contract entered into, by and between Robert Clark, county judge, and Martin Bumgardner, wherein the said Bumgardner, for the sum of $20,000, agreed to build a court house in said Forest City, on or before the 9th day of June, 1864, said contract having been by said Robert Clarke, county judge, extended to the 9th day of June, 1869. Therefore the court house still remaining unbuilt and the money unpaid, I agree to relinquish all claim or claims upon said contract, and the same to be entirely null and void.

"Also - The forced contract by which the first above named court house was built.

"Also - The sum of $4,800 in bonds and coupons and interest thereon which the said Stanberry relinquishes to said Winnebago county. The said W.C. Stanberry for himself, the firm of Card & Stanberry, of which he is a member, and for Martin Bumgardner, doth covenant that he is the owner in fee simple of all the property named and that he has a good right and lawful authority to sell the same, and does by these presents sell the same to the county of Winnebago, Iowa.
[Signed] W.C. Stanberry."

"We, the undersigned supervisors of Winnebago county, State of Iowa, accept the above proposition of W.C. Stanberry, and order the clerk to issue county warrants unto said Stanberry, when the said Stanberry complies with the above proposition, to the amount of $3,500; two thousand dollars of which is in full payment for the above described court house and fifteen hundred dollars of which is in full payment for the bonds and coupon bonds and contract as therein set forth.

"Witness our hands this 3d day of November, 1863.
[Signed] Charles D. Smith, Chairman.
William Lackore, B.F. Wellman, Supervisors."

Dec. 14, 1863, the board met to canvas the votes returned from the different townships. After this was done the following resolution was adopted:

"Resolved, That any one who will volunteer from this county before the 5th of January, 1864, or before there is a draft in the State, or county, shall receive the sum of $200, and any one who is drafted shall receive the sum of $100, the warrants to be issued when each volunteer or drafted person is accepted into the United States service."

At a regular meeting of the board, June 6, 1864, the first business transacted was to provide for the payment of a bounty on black birds, crows and gophers. The resolution as passed by the board is quite amusing, and is here given as found upon the records:
"Resolved, That a bounty of five cents per capitum be allowed on all black birds, crows and gophers killed in this county, to be paid in county orders. And the clerk was authorized to issue such orders when the person claiming bounty shall produce sufficient proof that such animals have been killed in the county, and that there has never before been any bounty paid on them, and provided that there is enough to make $1."

At the same meeting the board perfected the re-division of the county into civil townships, described as follows:

Norway township to comprise sections 7 to 30 inclusive, of township 100, ranges 23, 24, 25 and 26.

Pleasant township to comprise sections 31 to 36 inclusive, of township 100, ranges 23, 24, 25 and 26; also sections 1 to 18 inclusing of township 99, ranges 23, 24, 25 and 26.

Center township to comprise sections 18 to 36 inclusive, of township 99, ranges 23, 24, 25 and 26; also all of township 98, range 23, and sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, and 36; also that part of the east one-half of section 35 north of L street and east of Fourth street in Forest City, in township 98, range 24.

Forest township to comprise sections 18 to 36 inclusive of township 99, range 26, and all of township 98, ranges 25 and 26; all of sections 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33 and 34 and the west one-half of section 35, and all south of L street and west of Fourth street in Forest City, in township 98, range 24.

At the meeting of the board on the 1st of August, of this year, a petition was presented, signed by a majority of the voters in the county, asking that the board order an election to be held on the 3d day of September, 1864, "for the purpose of determining whether the board of supervisors shall or shall not levy a special tax of six mills to pay off the indebtedness of the county." After due consideration the petition was granted and an election ordered.

The election was held, and on the 6th of September the board convened to canvass the votes, which resulted as follows:
For the tax .. 21 -- 16
Against the tax .. 5

The board then proceeded to levy the following tax for the year:
State fund (on the dollar) .002 1/2
Ordinary county revenue .004
Special tax .006
Relief of soldier's families .002
School fund .001
Bridge fund .001

At the same meeting the board decreed that "each volunteer or drafted man from the county under the call of the President for 500,000 men, should receive a bounty of $200, and that the wife and each child under thirteen years of age should receive $1 a peice per week for their support while said volunteer was in the service of the United States."

The board for 1865 was composed of the following members: C.D. Smith, Pleasant township; Joseph Tennis, Norway; Robert Clark, Center; and Jesse Bonar, Forest township. Chairman for the year, Robert Clark. In April, of this year, Joseph Tennis resigned his seat as supervisor from Norway township and Samuel Tennis was appointed to fill the vacancy.

At a meeting of the board, Jan. 10, 1865, the following resolution was passed:

"Resolved, By the board of supervisors of Winnebago Co., Iowa, that the sum of $1,000 be, and the same is hereby appropriated to each and every person volunteering from said county to fill the quota of each township of said county; said appropriation to be paid in warrants on the treasury of the county, said warrants to be payable one half in one year from date, and one half in two years from date of their issuance, and to draw interest at the rate of six per cent, per annum."

In 1866 the first meeting was held, on the 1st of January, with the following named members present: Robert Clarke, supervisor from Center township; Jesse Bonar, Forest township; Samuel Tennis, Norway township; and George Thomas, Pleasant township. Permanent organization was effected by the election of Robert Clarke as chairman for the ensuing year.

At a meeting of the board Jan. 5, 1866, a petition was presented, signed by J.S. Blowers and others, praying the board to give an additional bounty to the soldiers who volunteered from this county, and who have received but little county bounty. After due consideraton it was resolved that those volunteer soldiers, who had received less than $300, should have issued to them warrants sufficient to make up for what was lacking. These warrants were made to bear interest at the rate of six per cent, per annum and were payable one-third in one year and the balance in two years.

In 1867 the board met January 7, and elected George Thomas chairman. Members elected were Ole anderson, Norway township; A.T. Cole, Center; and John Ambrose, Forest township. In November, of this year, Ole Anderson resigned his position on the board as a member from Norway township and Joseph Tennis was appointed to fill the vacancy.

The ensuing year the board consisted of the following named: Joseph Tennis, chairman, supervisor from Norway township; A.T. Cole, Center township; John H.T. Ambrose, Forest township, and S.D. Wadsworth, Pleasant township.

At a meeting of the board, June 3, 1868, the ocunty was divided into five civil townships as follows:

Norway township to comprise township 100, ranges 24, 25, and 26; and also the west half of township 100, range 23.

Pleasant township to comprise the east half of township 100, range 23; the north half of township 99, ranges 23 and 24, and sections 1, 2, 3, 10, 11, 12, 13, 14 and 15, of township 99, range 26.

Center township to comprise the south half of township 98, range 23; also secitons 1 to 30 inclusinve, section 36, and all that part of Forest City located east of Fourth street and north of S street, in township 98, range 24; and also sections 31 to 36 inclusinve, of township 99, range 26.

Iowa township to consist of the south half of township 99, range 23; also north half of township 98, range 23; and sections 19 to 30, inclusive, of township 99, range 24.

Forest township to comprise all of township 98, range 26; also sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 and 32, of township 98, range 25; also sections 31 to 34, inclusive, the west half of section 31, to 34, inclusive, the west half of section 35, the southwest quarter of the southeast half of section 35, and all that part of Forest City, lying south of S street and west of Fourth street in township 98, range 24.

In 1869 the board was composed of the following named persons: C.H. Lackore, chairman and supervisor; for Forest township; W. Higginbottam, Center township; John Iverson, Norway township; A.N. Brones, Iowa township, and S.D. Wadsworth for Pleasant township.

In 1870 the board met on the 3d of January, and was composed of the following members: C.H. Lackore, chairman; W. Higginbottam, John Iverson, A.N. Brones and C.D. Smith.

This was the last meeting of county legislature, or supervisors made up of one member from each township. The General Assembly, by an act, changed the manner of local government; and the board of supervisors was re-arranged so as to be composed of three, who were to be elected at large throughout the county. The first board, under this law, which is yet in force, convened on the 2d of Januarfy, 1871, the members being Charles D. Smith, R.O. Haughland and B.F. Wellman. The oath of office was administered by the auditor, and the new board organized by the election of C.D. Smith, chairman.

The members of the board from that time until 1883, inclusinve, are as follows:

County Supervisors from 1871 to 1884
1871 - C.D. Smith, chairman; R.O. Haughland, and Benjamin F. Wellman.
1872 - W.O. Hanson, C.D. Smith and R.O. Haughland.
1873 - W.O. Hanson, C.D. Smith and A.N. Brones.
1874 - S.D. Wadsworth, W.O. Hanson and A.N. Brones.
1875 - S.D. Wadsworth, A.N. Brones and P.H. Peterson.
1876 - S.D. Wadsworth, P.H. Peterson and J.W. fisher.
1877 - P.H. Peterson, J.W. Fisher and Knut Johnson.
1878 - James W. Fisher, Knut Johnson and P.H. Peterson
1879 - J.W. Fisher, Knut Johnson and P.H. Peterson
1880 - J.W. Fisher, P.H. Peterson and Knut Johnson.
1881 - J.W. Fisher, Knut Johnson and Andrew N. Honge.
1882 - Knut Johnson, A.N. Honge and S.G. Honsey
1883 - William Larson, A.N. Honge and S.G. Honsey.

At the meeting of the board of supervisors in June, 1875, the county was redistricted into civil townships. the result is here given:

Forest township to comprise township 98, ranges 23, 24, 25 and 26.
Center township to consist of township 99, ranges 23, 24, 25, and 26.
Norway township to comprise all of township 100, ranges 23, 24, 25 and 26.

TOWNSHIPS IN 1883

In 1883 Winnebago county was composed of seven civil townships, namely: Norway, Center, Mount Valley, Forest, Linden, Newton and Logan.

Mount Valley was created by act of the board of supervisors in January, 1879, and embraced all of township 98, range 23 west, of the fifth principal meridian.
Linden, set off in April, 1880, comprised all of township 98, of ranges 25 and 26.
Forest, which had formerly embraced all the southern tier of congressional townships, was thus left township 98, range 24.
Newton was set off in April, 1881, and consisted of all of township 99, ranges 24, 25, and 26.
Center, which had formerly comprised the middle tier of townships, co-extensive with township 99, range 23.
Logan was set off at the same meeting, as was Newton. It consisted of all of township 100, ranges 24, 25 and 26.
Norway was thus made to comprise township 100, range 23. It had previously embraced all the north tier of townships.

REFUNDING OF THE COUNTY BONDS

In 1878, at the September meeting of the board of supervisors of Winnebago county, it was decided to refund the bonded indebtedness of the county, which existed prior and up to the 1st of January, 1878, and Hon. David Secor was appointed financial agent for that purpose. A large share of this indebtedness was the result of the issuance of the bonds of 1860, better known as the court house bonds. The original bonds amounted to $20,000; $13,000 of which were held by Charles R. Lynde, of New York, who brought suit against the county, in the United States circuit court, to compel their payment. the county resisted payment, on the grounds of the invalidity of the bonds, and the case was appealed to the supreme court of the United States which finally rendered judgment for $38,000, principal and interest, in favor of Lynde. The county, being unable to pay the judgment, compromised with Mr. Lynde by issuing to him, on the 27th of June, 1874, bonds to the amount of the judgment, bearing ten per cent interest.

This amount had been reduced from time to time, until there was but $20,000 of the debt remaining unpaid. In December Mr. Secor went to Dubuque and succeeded in taking up these bonds by paying $5,000 in cash, and exchanging new eight per cent bonds as authorized at the September meeting of the board of supervisors.

In 1880 the total bonded indebted ness of the county amounted to $48,000.

¹History of Kossuth, Hancock and Winnebago Counties, Iowa. Springfield, Illinois: Union Publishing Company, 1884. 753-60.