Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-02-12
For The Indiana State Journal
TO The Public.

lie meeting, purportlng to have been held at Peru,
published in the Democratic Pharos, of the 18th inst,
at LoganSport, entertain so much that is untrue in
relation to a business transaction in which
Gently engaged that impelled by a of duty
to myself to ask the attention Of the public 10 the
following facts
The Revised Statutes of 1s43, in relation to the
sale of Wabash and Erie canal lands, (see page 26
is as follows
al Three months notice of the time OF sale shall be
given
2. The time of sale and the manner in which the no.
tice shall be published shall be designated by the Cover
nor.
g. One-fourth of the purchase money, with one years
interest in advance the resdue shall be paid the
time Of the purchase.
L. like one-fourth of the purchase money, and inter-
in advance the residue, shall be paid the expra
ton Of each year thereafter until the whole is discharged
SEC GIG. When the commissioner experimenting
any sale becomes satisfied that combination exists
among the bdders to any tract OF land 10 sell for
a less price than would otherwise be obtained, he shall
bid off such tract on behalf of the State.
SEC. 2I7. In the advertisement of lands for
sae he shall such particularly worthy
of public attention, and again offer all such for sale
before.
SEC. 2s On failure to pay either principal or in
teresi when DUE penalty of twenty-five per
tie unpaid shall be added thereto and unless the
whole sum, with interest thereon. shall be paid within
one wear thereafter the of sale shall vacated
and the land become forfeit the State for the of the
canal.
SEC 219 All lands remaining unsold at such public
SALE and all lands becoming forfeit under the preceding
section shall thereafter remain to be entered by the hrst
applicant at the affixed thereto the terms afore
said
The district of country in which the land Office for
the sale of lands east of the mouth of the Tippeca
noe is principally held by persons who have not for
many years, paid any portion of the principal in
terest on their lands Many of those persons, pos
sessed of ample means of making payment have fire.
Ouently declared that so long as they could hold
''white dog which was bearing six per cent inter-
est they would not pay up, because they could make
more on that species of money by keeping it In their
pockets The effect of this the interests of
the State was that in consequence Of payments not
being made the superintendent of the canal
PEELED to issue greater amount of scrip to meet the
necessary repairs which increased issue caused fur
Their depreciation of lis valne and the State COM
PEELED to pay double price for all such repairs. The
interests of those in the immediate vicinity of the land
Office being thus against the enforcement of the por
ton of the Revised Statutes above quoted the officer
i'm charge refused to permit cutrieS to be made, al
though its provisions plain and imperative. Had
the law it exists the statute book of 1913, been
enforced lands forfeited under its provisions could
have been entered at any time. Suppose indivi-
dual had made application for the purchase of lands
thus forfeted and the superintendent had far
garded his duty to issue certificates of purchase,
who would have thought of attaching blame to the
person making the purchase under the law! 1t is
contained in book in the hands of every Judge.
It's provisions must have been understood by ali inter-
ested in its existence. In what manner then, does
the amendment, made at the recent session of the
Legislature change the Revised Statute so as to
make it censuabe for one to act under its provsionsl
To make it plain that it may be fully understood
by all, will give that act in full. 1t Is follows
AN ACT
amending The section Of Revised Code Chapter
Is, and page 267.
SEC |. Be IL enacted By the General Assembly Of
the of Indiana. That the year allowed in the
2Islh section of chapter page 267, Revised
Code as the time within which the lands shall be redeem
ed in is hereby extended to years.
SIC. p When any purchaser has neglected the pro-
visions Of said section 2lS for two years successfully
last past then the proper commissioner shall be governed
all respects by the provisions of the 2lSth 2I9h and
22Oth sections Of chapter 3 of the Revised Code as aore
SEC 8. This to be in force from and after its pas
sage and certified copy being filed in each of the Canal
Land Offices, with the Commissioner thereof And all
laws conrayening the provisions of this hereby
repealed. JOHN .. SlMoNSON,
Speaker Of the House Of Representatives.
]. C. READ,
President Of the Senate
Approved Jan. Goth. 1876:
JAS. WHTrCOMB.
State of Indiana, tO-iUif:
I. John H. Thompson, Secretary of State, do hereby
certify that the foregoing is copy of the original
enrolment of the same, on file in my Office. In
ed the seal of the State, Jan. 2lst, 1916.
JOHN H. THOMPSON.
Secretary IF State
Here then, it will be observed, that tie time at
which forfeiture should take place is extended from
"one' to two' years, and the superintendent is to
be governed by the provisions of the act which has
been in existence for nearly three years This is the
only change made by the amendment passed at the
last session, and far the rights of the original
purchaser of canal lands concerned it is in his
favor as thereby he has year longer, than hereto
FORE to redeem lands which may have been forfeited
To this, there can be no objection.
Being purchaser of canal lands myself early
as at the session of the Legislature year ago,
was anxious that the time named in the Revised Code
should be extended and after consultation with gen.
tlemen who were the Representatives of the upper
Wabash country, drew up bill extending the time
for five years. which passed the House and only failed
in the Senate for want of time. During the recent
session. | had frequent conversations with Messrs.
Rockhill, Reyburn and other members representing
counties interested In these lands to the proprety
of extending the time to at least three years They
all agreed with to the justice; and the only OBJ
lection urged was that, they had so often asked
for relief for the purchasers of such lands they feared
no indulgence could be obtained. The BILL origin
ally introduced extended the time to three years.
The word .'three' was stricken out in the House,
and the word s'two" inserted, In which form 1t pass
ed. The agency which had in originating the law
was prompted alone by desire to have the benefit OF
an extension of time on my land and that of a
few nersonal friends Al the time of its introduction,
no relief measure of this character had passed.
could know that any would be passed.
Subsequent TO the passage of this act | learned,
mot from COL Lucas, never had any conversation
with him on the subjcc the superintendent had deter
mined that it would be his duty to comply with the law
and to permit entries to be made Immediately Wish
inp TO protect the lands in which had interest
from sale and knowing that many persons were adj
yised of the above determination of the superntend-
ont red 10 the land Office for that purpose and