Iowa news. [volume] (Dubuque, Upper Mississippi Lead Mines, Wisconsin Territory) 1837-1841, 1837-12-09
NO. 25.

1 tne state OF Ohio prescription to quarter see.
tioh OF land, at the minimum price, stin or near
the centre OF each county" within the cession made
oy the treaty of September 10, 1916, "or The %.
'ao'shment of seat justice in said counsis esp
requiring the purchase be made bsfofe The public
SAFES, and the seats Of justice to be fixed on the
lands selected.
The act of March 3, 1929, grants pre-emp-
ton 10 ono quarter section each, for ths counties
OF Marengo, Perry, and Decatur, in Alabama, ssio1
the establishment of seats ofjusdce therein;1 and
provides, sthat the seats of justice shall b 6xed
and continued OH the land 10 lscated.'' fVoI. I.
Up. 275. 81
The act of May &c, 1924, flow under csasid.
eration,] grants presumption . one quaytsE ssc-
ton each, to the several coufics OF parishes u
each State and Territory Of The Unitsd S,asss.
where .he.e public lands, tsfor the sssahlish-
ment Of seats of justice tke1eM;'' and provides,
sthat the seat of justice for said counties
es respectively, shall be fixed previously to sale
Of the adjoining lands within the county or parish
for which Tho same is located" The second Sec
ton of the act repeats much Of former laws ssas
requires said seats justice to be continued as Of
near tho centre Of said counties or parishes"
LIZ looking at all these laws, evidently "IN PARA
MArsRIA," and each to be regarded An ex,snsioa
os like privilege to the one granted by the 6ns
act, Icannot, for moment, hesitate to the true
construction of the act of May 26, 1924. These
acts, inken together, show that Congress have Inc
tended throughout 10 pursue uniform rule. The
title If the latter act, as well as the language ussd
in the body of the first section, plainly indicates,
that the intention was to require the location to be
made at the point where the seat of justice should
be established, and that the quarter section selsct-
ed should contain it. am OF opinion that all -.
lect;ons and purchases under this act, which were
not at the time Of entry, selected 10 the site fof
the teat of justice If the proper county parish,
are utilities, and without warrant of law.
The provisions Of these several acts, which 70.
quae as condition the fixing of tho seats nfjusiice
before the public sale Of the adjacent lands, IVES,
without doubt, 10 insure to the United States an
equivalent for the grant, in the enhanced price for
which the adjoining lands would sell, in comss.
qaence Of being near the seat of justice and i. may
well be doubted, whether Congress could lawfully
make the grant but for this reason By the com.
pact with Virginia. the United States took the title
OF these lands as trustees, ssas common fund for
all the Statss,'' and agreed s'that they should b
faithfully and BONA rlDE disposed Of for that pur-
pos, and for no Other use purpose whatsosrsTss
Without breach of faith and violation Of contractt
they cannot dispose of any part Of them in = way
.hat shall impair or diminish the aggregate Of the
fund. And unless they can grant them 30 ~ 10
protect the fund, by all advance of price in the
sales of the adjacent lands, or, by some latitude
OF constructions, make u county or parish Of . par.
ticular State mean the same thing as "all the
States of the Confederation,'' would not hesisats
TO declare the grant All assumption Of power and
violation ofcontract
] must advise then, ns;ructing the Register At
kalamazoa, and all other Registers and Receives;
LIST. That the presumption granted to counties
and parishes by the act of May 26, 1924, is ofths
quarersec,ion only on which the constituted autho-
rites Of tho State shall have fixed and established,
prior to the public salaso the adjacent public lands,
the seat of justice.
2nd. That they be instructed TO permit no ~
lection entry to be hereafter made III violation
Of the above rule, and that they report every selec.
ton not made iii accordance with il.
am, very respectfully,
Your obedient servant;
M. RICHARDS, Solicitor.
| To JAMES WHITcoMB, ESQ.,, Commissioner.