The Davenport gazette. [volume] (Davenport, Scott Co., Iowa) 1841-185?, 1848-12-14


under this section, shoa,d be applied to the
support ot common schoos in the sew
eral counties. bat tia, the principal itself
should be TINS applied; aud it would also
seem clear that these funds should hc kept
separate and apart from the permanent
school fund b. the tweni, third section
at the schoo. law oi 1877. il is made tho
duty ofthe County Treasurer to pay over
to the School Fund Commissioner Of the
proper county. on the fifteenth day Of Feb
ruarv. annually, for the use ot common
schools within tho county. all the moneys
specified in tho fourth section OF the fore
going article of tho constitution. together
with "all funds in the ,reasury arising from
the sale Of waier crafts. los, goods. aud es-
trays" And the nineteenth section Of the
law provides for levyiny a tax hv the COIN
" commissioners "t the several counties
throughout the State. tnr tic support of
common schools in their respective coun.
ties. These ,axcs, when collected. nrc al
81 paid into the hands OF the School Fund
Commissioners, on the fifteenth dav of Feb
ruary annually. These fncds were like
wise unCucs;ionah!v intended N I've kent
separate from the permanent school fund.
and to he wholly distributed in the sever
nj counties where the Ink is levied nd col
locted There arc no provisions in the
law. however, lur keeping these funds. md
those arising from the sources heretofore
specified, separate and apart from tho
permanent lund. nor for their separate dis.
tribution On The fifteenth dav of Febrna-
~ annually. they are paid over TO the
School Fund Commissioners, where they
must either lie idle. ar be loaned out in nc
cordance with the ,hirtv-seven,h section OF
the school Inv. which section was evident
" intended 10 apply exclusively - tho
management, If the permanent fund. !
would therefore recommend that some
measure he speedily adopted hv which the
Fund Commissioners, will he enabled.
when these funds rome into their hands in
February next, In manage and distribute
them according To- the intention al the Con-
stitntion and the laws; and would further
recommend that all other defects in our
common school system. receive Your car
In nv message delivered n, the spcci,l
session Of Jnnnarv last. | called the a,,cn-
ton of The General Assembly 10 'an act IL
the General Assembly. approved Feb. 25th
1917. entitled an 'art To provide Tor tho
management md The disposition of the
school fund.- The eigh, section of this act
provides TINT tho manner OF selecting the
five [hnndrcd thousand acres of land men,
toned in tho second section of the tenth
article of the constitution. and tho DISPOSE.
tion thereof. Tor the support Of schools.
shall br ns fellows, 10 wit. auy person ca
pah'e of contracting, having settled uIoi
the public lands. the quality whereof. and
the improvements thereon, within the o.
pinon Of the fund commissioner # the
county. render the selection safe and
profitable one. may in writing signify In
said commissioner his or her desire 10 have
the same recognized MS school lands. and
shcrenpou the Same MT exceeding three
hundred and twenty ncres. shail no return
Il hv said .,ini commissioner. with the date
If their selection, "a the Superintendent Of
Public instruction. 10 10 hv him registered
MS lands selected bv the State under the
grant from Congress referred To-: after
which the said fund commissioner shall pro-
coed to contract with such settler for the
sale thereof"
"Thn seventeenth section Of the act pro-
sidcs that the superintendent al Public
instruction shall roper, from time to time.
nj! selections made under tho eight section
If this net 10 The Secretary Of the Treasury
Of tho United Suites, and to the proper land
o.iiee.'
s.Selcc.ionS made according u tho pro-
visions Of the eight section Of this act.
hive been reported tn the General Land
Office. hv tho gentleman elected as Super
iniendeni Of Public Instruction. The re-
port has been returned as incorrect and in
valid, on the ground tina. the selections thus
made conflict with the General land Office
instructions of August 9TH. lSl1, with REF.
ercnce to State selections under the net Of
Congress of the 9TH September ISL, cn,i-
tied ian net to appropriate the proceeds
at the sales Of the public lands md
to gran, presumption rights The filth
section OF those instructions makes il i'm
portant and necessary ihat the selecting
agent of the State should make such care
i'll and thorough preliminary examinations
rs will enable him 10 selec, lands II which
there mn: cNi>, no valid claim by pre-
cmpiion or o,hcrwisc:' md the sixth section
provides 'ihlt il. notwithstanding such pre-
| caution. the State shall hereafter select
lands which shnl be found to he interiered
with by any prior or better claim or claims.
the selections, to the whole extent of such
claim or claims, will of course be null and
void 1t will readily be perceived from
the foregoing instructions, that il is not con-