Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1851-10-02
h.r Crittenden's Opinion.
OFFICE or ATTORNEY GENERAL, !
Both OF June, 1851, !
To the Hon a. n r. Surrf
Scretaru of the Interior

S-cretdry Of the Interior:
| Your questions respecting the claim of tine
State Of Iowa, under the act of Congress ap-
/ proved the 9Th of August. 1876 givin. to the
Territory of Iowa. for the purpose of aiding to
improve the navigation Of the Des Mo.Hes River.
from its mouth TO the Raccoon Fork, one equal
moety in alternate sections of the Public Lands,
in Il strip Ave miles in with on each side of said
river, to be selected. subject to '.he approval Of
the Secretary Of the Treasury Ga duty now de-
vOlved upon Won Secretary of the Interior }
have receives, the consideration due 10 their m-
poriance.
You ask, list "What effect has the opinion ex-
pressed by Nh Secretarr Walker. on the 2nd
March. 1919, on his successors power 10 reject
the selections made under it, in the event Of Il
disagreement as to the proper construction OF
the act"
Tne opinion Of Mr. walker was expressed in a
letter Of I'd March. 1919. to the delegation from
Iowa. when no selection of any lands above the
Raccoon Fork had been made, and copy of this
letter was communicated 10 the commissioner Of
the General Land Office.
The desrisions Of a Secretary cf the Treasury
as Indicated BY his official acts, or. in other
words. when they have become things done. may
have legal. and. in some instances, binding
effect. Bat the op mons of Secretary. as such
merely, and separate and apart from any official
action, have no obligatory effect Oh bis success
sor.
The case 10 which Mr. Secretary Walkers
opinion related was not practically disposed of
BY him. HIS function III respectto 1t was mere
ly 10 approve or disappr"ve of the selection,
selections. 10 be made on the part of Iowa. and
no selections had been made.
Mr. Walker did no more than express aF. Ogn4-
ION. The subject remained for future admins
tration, and the duty of acting upon il has de-
volved upon Won.
Whatever Difference and respect the opinion of
Mr. Walker may be entltled 10. am quite clear
that 1t has no legal or binding effect upon your
right and power 10 act in the premises according
to your own discretion.
Your second question is: s.What weight should
he attached 10 the opinion Of Mr. Johnson Of the
10Th of July, 1890, an official opinion ia tae
question considered BY him."
The opinions of am Attorney Gcnefal are mere
" advisory. No law gives them any technical,
specific or official consequence or effect.
To whatever respect the high character of
Mr. Johnson NAV Justly entitc his opinion,
may very confidently say that no law has made It
binding or obligatory on you. The weight"
that you should give II. can be determined by no
other standard than your own judgement.
Thirdly, you ask, What is or would be your
construction of the law as respects the extent Of
the grant ?''
concur with the secretary Of the interior ON
the opinion given by him on the sixth of April.
1880, that the grant does not extend above the
Raccoon Fork of the Des MONIES River. haze
examined the opinion Of Attorney General John
son, not unmndfnl Of his high reputation at
lawyer, and of the weight which the community
will attach TO his opinion on a question OF law.
but am compelled bv my own Judgment TO dis
sent from his opinion. Without gong tnjO the
arguments which are to be drawn from the words
of the several sections and provisions Of the
statute. in favor of restricting the selections oi
the State of Iowa Ia the lands within the strip ut
FIVE miles on each side from the mouth OF Tue
Dcs Moines River 10 the mouth OF the RaCcOoa
Fork, as being the intent of Congress. and pass
ing over many things which might be urged III
support of that exposition of the statute. | will
mention Isl, that this law originated in the
House of Representatives by bin No. fe6. re-
ported bv The Committee on Public Lands, to
whom was referred the petition of certain citi-
zens of Iowa for grant OF land tor Tie improve
ment of the Des MONIES River, and also bill In
troduced on that subject by Hon. \. {. Dodge,
which report was accompanied by the report Of
the Hon James Shields, Commissioner Of the
General Land Office. in these words and figures:
GENERAL LAND OFFICE, May ,, 1916.
"Sr:
In answer to your enquiry. have the honor
TO state that the amount Of unsod land within
miles on each side of Des MONIES River. from its
mouth TO the Raccoon, proposed 10 be granted
to the Territory of Iowa, bv House bill No. loo,
is estimated at two hundred and sixty-one thou
sand acres. There have been sold in the Terrific
ry Of Iowa to the LIST OF January, 1916. l.I31.0lo
acres. and the amount of purchase money re-
ceived by the United States to same date Is
S2,l6l, 102." Very respectfully,
Your obi sery't,
JAS. SHIELDS,
HoN. A. G. DopGE, Commissioner.
House of Representatives.
This report so accompanying the bill. SO en-
planning the bill, was made by the Representa-
tive Mr. Dodge, who introduced it. by the Com-