"Ordered. That the county seat of Linn County be and is hereby called and shall hereafter be known and designated by the name of Marion."

At this session W. H. Smith and Andrew J. McKean were appointed constables for the county. Jonas Martin was appointed road supervisor, his district embracing all the land east of Marion and west of Big creek and east on the Marion and Davenport roads crossing Big creek. "It was also authorized that as Linn County had no safe place for the keeping of criminals that Sheriff Gray contract with the Sheriff of Muscatine County for the keeping of one Samuel Clews, and that the Sheriff borrow funds to pay for the support and keeping of said Clews while in confinement."

It seems that the board met monthly and the county was divided into three voting precincts as follows: One at William Abbe's, known as Sugar Grove Precinct, with the following judges: William Abbe, John Cole, and John McAfferty; one at Marion, with James W. Bassett, Henry Thompson, and Rufus H. Lucore, judges; one at Michael Greene's, with Michael Greene, James Cummings, and Bartimeas McGonigle, judges.

At this time Ross McCloud was appointed county surveyor and was ordered to make the survey of the county seat and report, which he did, and also to lay out additions, which was done. A county jail was also ordered erected in January, 1840, and the contract for the building of the same was let to William Abbe and Asher Edgerton for the sum of $635.00; the first money raised by sale of lots in Marion was applied on the contract for the erection of the jail.

THE FIRST SURVEY

The first survey was made in 1838, being all of Jones county and townships 84, 85, and 86 north, in range 5, west, in Linn county. This was made public in the newspapers and many settlers came in, taking the best lands that had been surveyed and squatting on the other land which they knew would soon be open for settlement. Linn Grove was an ideal place, and here in an early day a large number settled. The sale of lands in the county was advertised to take place in January, 1840. On account of the difficulties of transportation, the settlers petitioned to have the same postponed until the summer of that year, which petition was granted. George Greene, who had been a school teacher near Ivanhoe and even at that time was a man of no ordinary ability, was asked to see what could be done in changing the place from Dubuque to Marion. Mr. Greene volunteered to go to Washington and lay the matter before congress, or the men in charge of the land department. After some time he succeeded in his mission and won the grateful respect of his fellow pioneers, saving them a great deal of money. Thus, for a time, Marion was a United States land office, and the people of Linn county who had little money to spend could claim their lands without much trouble.

THE FIRST COURT HOUSE IN THE COUNTY

The first court house built in the county was a log structure for the use of the pioneers. This structure was erected during the years 1840 and 1841. As there was no money in the county treasury and as the court house was needed, the settlers donated their labor. They cut the logs, hauled them to Marion, and constructed the building, the roof being of shakes and the floor of puncheons. Among those who helped erect this first seat of justice were James and John Hunter, the Stambaugh brothers, James and Elias Doty, and others. The first case, it is said, tried in this court house was one brought against James Doty for jumping a claim on the west side of the river, adjoining the claim of Robert Ellis, the question being whether or not a man erecting a bark building and claiming the land had complied with the law. The jury was impaneled and a trial had which lasted for some time. When the case went to the jury the judge and all vacated so that the jury could use the small room in arriving at a decision. The jury was out the afternoon and all night, and at ten o'clock the next morning they reported that they were unable to agree. During all this time they had had nothing to eat, and the water they had to drink was very poor. Upon this jury sat James Hunter, one of the first settlers of the county, who was the only stubborn one to hold out in favor of Doty. He used to tell later that he felt that he could never look James Doty in the face if he should consent to such a verdict as the other eleven had framed up against him. The case was tried at a subsequent term when the jury decided in favor of Doty, to the effect that while he was later than the claimant in making his claim he was a bona fide settler with the intention of becoming a permanent settler.

The next court house built in Marion was a frame structure still standing just west of the present brick building, and now used as a hotel. The present brick court house was erected by George W. Gray, the brick superstructure being built by Peter D. Harman, of Bertram, father of Warren Harman, of Cedar Rapids. Much of the carpenter work was done by that old pioneer, recently deceased, William Patterson, father of W. D. Patterson, of Cedar Rapids.

The first jail was erected in January, 1840, the contract for the building being awarded to William Abbe and Asher Edgerton for $635.00. The building was finished by May 1st of the same year. The first moneys raised by sale of lands were applied on this contract.