Слике страница
PDF
ePub

Any person who shall mix any intoxicating liquor with any beer, wine or cider, by him sold, and shall sell or keep for sale, as a beverage, such mixture, shall be punished as for sale of intoxicating liquor.

But nothing in the chapter containing the laws governing the sale or prohibiting the sale of intoxicating liquors, shall be construed to forbid the sale by the importer there of of foreign intoxicating liquor, imported under the authority of the laws of the United States, regarding the importation of such liquors, and in accordance with such laws; provided that such liquor, at the time of the sale by the importer, remains in the original casks or packages in which it was by him imported, and in quantities not less than the quantities in which the laws of the United States require such liquors to be imported, and is sold by him in such original casks or packages, and in said quantities only.

All payment or compensation for intoxicating liquor sold in violation of the laws of this State, whether such payments or compensation be in money, goods, lands, labor, or anything else whatsoever, shall be held to have been received in violation of law and equity and good conscience, and to have been received upon a valid promise and agreement of the receiver, in consideration of the receipt thereof, to pay on demand, to the person furnishing such consideration, the amount of the money on the just value of the goods or other things.

All sales, transfers, conveyances, mortgages, liens, attachments, pledges and securities of every kind, which, either in whole or in part, shall have been made on account of intoxicating liquors sold contrary to law, shall be utterly null and void.

Negotiable paper in the hands of holders thereof, in good faith, for valuable consideration, without notice of any illegality in its inception or transfer, however, shall not be affected by the above provisions. Neither shall the holder of land or other property who may have taken the same in good faith, without notice of any defect in the title of the person from whom the same was taken, growing out of a violation of the liquor law, be affected by the above provision.

Every wife, child, parent, guardian, employer, or other person, who shall be injured in person or property or means of support, by an intoxicated person, or in consequence of the intoxication, has a right of action against any person who shall, by selling intoxicating liquors, cause the intoxication of such person, all damages actually sustained as well as exemplary damages.

for

For any damages recovered, the personal and real property (except homestead, as now provided) of the person against whom the damages are recovered, as well as the premises or property, personal or real, occupied and used by him, with consent and knowledge of owner, either for manufacturing or selling intoxicating liquors contrary to law, shall be liable.

The only other exemption, besides the homestead, from this sweeping liability, is that the defendant may have enough for the support of his family for six months, to be determined by the Township Trustee.

No ale, wine, beer or other malt or vinous liquors shall be sold within two miles of the corporate limits of any municipal corporation, except at wholesale, for the purpose of shipment to places outside of such corporation and such twomile limits. The power of the corporation to prohibit or license sale of liquors not prohibited by law is extended over the two miles.

No ale, wine, beer or other malt or vinous liquors shall be sold on the day on which any election is held under the laws of this State, within two miles of the place where said election is held; except only that any person holding a permit may sell upon the prescription of a practicing physician.

SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIPTION.

The business of publishing books by subscription, having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is

made:

The

A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the principal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the

same.

All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they can not be altered, varied or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.

Persons employed to solicit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their business.

It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is; if they can not read themselves call on some one disinterested who can.

[graphic]
[blocks in formation]

STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.)

[blocks in formation]
[blocks in formation]

No. of
Acres.

No. of
Bushels
Hary't'd

[blocks in formation]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

HISTORY OF APPANOOSE COUNTY.

THE DRAGOON TRAIL.

The first visit ever made by white men, so far as can now be ascertained, within the limits of Appanoose County, was during the summer of 1832, by a company of dragoons, who left Davenport for a reconnaissance as far west as the site of Fort Leavenworth. The company proceeded southwesterly, to the Des Moines, crossing near where Agency City now stands; thence by the points now occupied by Drakeville and Moulton, and then west of southwest, through Appanoose, passing into Missouri near the southwest corner of Franklin Township. Not a foot of their route, after leaving Davenport, had been organized into civil divisions, and they had not seen a white settler for nearly a hundred miles when they reached the present limits of Appanoose. They were alone in the wilderness, and their horses' feet crushed the grass never before trodden save by the deer of the forest, the half-wild Indian pony or the moccasined foot of the red man. The Sacs and Foxes, who peeped out from behind their leafy barricades to see the dusty cavalcade troop by, well knew that erelong the Commissioners would come to enact the solemn farce of treating with them for their hunting-grounds; that the smoke of the emigrant's camp-fire would soon be kindled in every grove of their fair possession.

Little the dragoons cared, as they made their camp at the spring southwest of Cincinnati, what the Indians thought, and little they dreamed of the mighty tidal wave of emigration in their rear. The camp-kettles were swung, the horses picketed and sentinels placed. Supper was dispatched, and after an hour spent over various packs of cards, the tired horsemen rolled themselves in their blankets and went to sleep under the soft light of the stars that winked to each other from every quarter of the firmament, as if they knew more than the slumbering soldiers about the wonderful future of Iowa. Perhaps the stars could have foretold who would follow this party-who would seek homes on the prairies and along the streams of Appanoose; but if they could, they withheld their knowledge, and in the morning the soldiers broke camp and passed into Missouri, leaving a faint trail through the southern limits of the county, and the fragments of the unburnt fagots at their camping-place as the only evidence that the occupation of the Indian country by the Anglo-Saxon had begun. But the sun of the Nineteenth Century was mounting toward the meridian, and these soldiers were here because their masters needed more elbow-room.

It is stated that an uncle of Dr. Stevenson, Jr., of Centerville, was a member of this company.

THE BEE TRACE.

Joseph Shaddon, now a resident of Putnam County, Mo., has stated to Dr. Sturdivant, of Cincinnati, that he hunted over a considerable portion of Appanoose County in 1833, and found deer and turkeys very abundant. The dra

A

goon-trail was noticed by him east of the Chariton, probably in the neighborhood of Moulton, and he is probably the first civilian who ever entered the limits of this county.

The State of Missouri was tolerably well settled at that early day, and many of its citizens had been reared to an intimate knowledge of hunting and woodcraft. The hunter's instinct is a powerful one, and the sons of the "b'ar hunters" of Kentucky could not repress the desire to plunge into the wilderness in search of game, and to follow the streams toward their origin, for honey in the summer and for beaver in the fall. Hence, when people came into the county in search of claims, they found two trails, the route taken by the dragoons, and the other, with a general northern direction, passing near the pres ent post office of Bee Trace, and known by the Missourians by that name. This may have been, originally, an Indian trail. The first settlers say that this was a tolerably well-defined wagon-road as far north as Bee Trace, and that it could be followed easily into Taylor Township. The marks of wagon-wheels could be distinguished leading off toward the groves all along the "bee trace," the wagons having probably been brought into the wilderness to carry off the honey to be found in the timber.

Another "bee trace" ran from Missouri diagonally through Davis County, and terminated in the vicinity of the present town of Unionville.

Who made these two trails is a matter of little moment to the present population of Appanoose. Those who came in search of bee-trees cared little for the fertile soil and its capacity for supplying the farmers of to-day with the comforts of life. The bee-hunters were more concerned about the exchange value of beeswax for gunpowder and whisky than for the desirability of this region for settlement.

It is stated that Joseph Shaddon, now a resident of Putnam County, Mo.. visited the region along the Chariton in the year 1833, and if so, was among the very first to enter what is now Appanoose County. The best attested visit along the "bee trace" was that made by William Kirby, who, in the fall of 1839, entered Appanoose County a considerable distance on this route. He found large numbers of bee-trees, and he took home to Putnam County a large store of honey. On this trip he made a claim on the ground afterward taken by Mr. Perkins, and now covered partly by additions to Centerville. His failure to remove hither was on account of his wife's objections to go so far from other

settlements.

THE FIRST CABIN.

By common consent, the honor of the first settlement of this county is ascribed to Col. James Wells, in 1839; but the historian, after careful investigation, while admitting that this gentleman was the first permanent settler, has decided to date the first occupation by a white man in 1838. In that year, Ewen Kirby, a young Missourian, having decided to traffic with the Indians, came nearly to the edge of the Indian boundary, as understood at that time, and built a cabin near the east line of Township 67, Range 18, just inside of Pleasant Township, and about due east of where Cincinnati now stands. Hither he removed his family and remained two years. In addition to his barter business he cultivated a small-truck patch. When he left, it is stated with positiveness, that he burned down his cabin. There is reasonableness in this statement, for the out-settlement of Missouri was only about ten miles distant.

THE FIRST WHITE CHILD.

The first white child born in this county was a daughter to Ewen Kirby and wife, in the fall of 1838, and the matron who officiated at this interesting event

« ПретходнаНастави »