The Davenport gazette. [volume] (Davenport, Scott Co., Iowa) 1841-185?, 1848-01-13

been returned as incorrect and invalid, On
the ground iha. tho selections thus made
conilic. with the General Lnnd Office in
seruciions of August 9Th, lS47, with ref.
crence 10 State selections under the nc, o
Congress Of the 4th Sept, lS4l, entitled
van act To appropriate the proceeds Of the
sales Of the public lands and 10 gran, pre-
emption rights" The fifth section Of those
instructions makes j, important and ncces.
sary that the selecting agent Of the State
ssshould make such careful md thorough prc.
liminary examinations as will enable him
10 select lands 10 which there may exist 20
valid claim, By presumption or o,hcrwisc;"
and the sixth section provides that ..if not
wiihstanding such prccauiion, the State
shall hereafter select lands which shall lie
found TO be intcriercd with by any prior
or better claim or claims, the selections, 10
the whole extent Of such claim or claims,
will Of course be null and void" Il will
readily be perceived from the foregoing in
instructions, that il is not contemplated by
the act Of Congress above referred to. 10
surrender to the State any land covered by
any valid claim'.bv presumption or other
wisc;" consequently, the law Of this State
allowing persons having claims upon the
public lands by virtue of improvements
thereon, 10 register them rs lands selected
By the State, aud then 10 purchase them from
our own state officers, conflicts, in a very
material point, with The instructions from
the General Land Office. Il is Of the III.
most importance 10 the cause Of education
in this State, that these selections should
be made rs soon ms practicable. In order
10 accomplish this object, cur laws relative
to the making Of these selections must hnr-
monte with the requirements Of the Gen
cral Government. trust that this subiec,
also, will receive your early attention.
The circular Of Instructions from The Gen
eraI Land Office Of Aug. 9th, 1917; the
selections reported by the Superintendent
of Public instruction; together with a let
ter from the General Land Office of Nov.
Sd, ls47, relative 10 those instructions, will
hereafter bc presented 10 you.
II is n source Of regret that so much con-
fusion prevails in our statute laws. The
interests OF the Stale, in my opinion, cali
for the revision Of those laws, MS soon ms
practicable. Should you coincide with the
executive in this opinion, respectfully rec.
ommend that n commissioner, or commits
sioncrs, he appointed 10 revise the code; -
and that they be instructed or required 10
report their proceedings at Inc next regular
session Of the General Assembly.
The Pcniientiary Of this Slate J., in m
unfinished and inefficient condition. II is
important that the nct of the General As
scmbly, approved Feb. .5'h, 1877, relative
the appointment Of an ngcn, by jnint rcso-
lu.ion Of the General Assembly. 10 make
the necessary contracts for completing the
building, shall he carried into effect; aud
would therefore suggest tina, this subject re-
ceive your prompt attention.
Since the close Of the last Session Of tho
General Assembly, NIL of the judges Of
the Supreme Court q! this State, who held
their offices bv virtue of apponincnt under
the general Cove, nmeni, have resigned
The eighth section OF tic filth riiclc Of the
constitution, provides that, "Whcn my OF.
flee shall from nnv cause become vacant,
aud no mode is provided by the constitution
aud laws for filling such vacancy, the goy.
crnor shall have power 10 fill such yacan-
cv, by granting commission, which shall
expire nj the end OF tho next session Of the
General Assembly, or ut the nest election
BY the people," As, in nv opinion, the
contingencies contemplated by the consii-
tuition, had arisen, filed the vacancies
thus occasioncd, by granting commissions,
which will ''esprc at the end Of tho next
session 81 the General Assembly,
The question may possible be started,
whether tho constitution intends that
these commissions shall expire ut tho end
Of the regular session Of the General
Assembly, or whether il will lie SO construed
a. TO render the prov ision above mcni Toned
applicable also 10 special session! Il can
he gathered from the constitution, that the
people Of this state are determined 10 re-
tain as much power in their own hands rs
they can consistently with proper and ju-
dicious administration Of tho affairs Of the
government. As all history and experience
teach, that when power is vested in anv
one man, il is liable to Lc perverted aud
abused, they thought proper, ia order
TO prevent any temptations to such abuse,
to withhold, as general rule, all power
from their suite officers, csccp, such as is
absolutely necessary for the performance
oflhcir official duties. Consequently, SO
far rs the power Of appoint is concern
cd, the executive of this State is clothed
with that power only, when vacancy IN
an Office ensues, for which no prov ision 10
made in The constitution and laws; and il is
further provided, TINT even those appoint.
menis shall exist no longer than until tho
people can Gil such vacancies either BY
their own. immediate action, OF in the man.