The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1851-07-12

Inc trustees, under the act of Febru1.v Of
1913, 50 fat us related 10 the having out Of town,
possessed all the powers conferred upon tn,
boaFd Of commissioners Of the I.li-,ois and Mich.
gar canal by the act Of January ninth. eigAtecr
hanlred and 'hirtysix, and the thirty secon,
section OF that act expressly required the com
mlsSIohers To cause the canal lands in or neal
lineage, suitable therefor, TO be laid oflntu to-,r
lots The tract Of land in question was situar,
near chicago at that time, and as We have nj
ready seen, was incorporated into the city hv III,
act OF the fourth Of March following That 1
was suitable for town lots, there can be no ques
uon, aud It therefore became the duty of tie ca
MAJ ~u5'ees to lay 1t out previous to the sale. un
less lhete was something in the act Of 1913 I,
lesuaih them from so dong Such the cumplniD
ant insists was the case that Immediately upor
Tue passage Of the law granting tho riglt Of pfe
emPu"n, Scott became vested with the absojut,
rshi To purchase at the appraiSoment the entir,
quarter section upon which his impruycIn ant wa,
situated, and that the canal trustees possessed NJ
power aier that time to subdivide it. If IL,
Prihciple con'cnded for be correct, we see no rea
son ior limiting the preemp,iun to a quarter sec
t"n. iur "llh The same prupricty Il might be p,
tended to Il half, or eyena whole section Il wi,
be observed that the act allowing the pre-emU
lion, unlike most Of tie nets Of congress in tni
respect, does not define It's extent The statvt.
authorizes the owner TO purchase the lands uuor
"hlth ms improvements are situated without de
teFmluIng the number of acres Literally, there
iofe, he would be confined 10 the boundaries O
MS Improvements; but such, doubtless, was moi
,"e legislative intention. |, could never hav,
oeeh 'He design, IN allowing the owner of improve
ne"'' 10 pNi.ha'e me lands on which they wert
s"Ua'eu, 10 chance or affect IN any manuec the
genera! system "t rectangular surveys adopted
III Tue suOuI'isinh" "i the puOlic lands. Tie trus
tees Were required by the act to sell in lots ana
''yH9 St1dtviS'o''S, and Hs vcndee can only pur
C""se III 'ns manner Which his yerder is author.
Yea 10 sell It follows that purchasers Of canal
hiI9' whether Uy virtue Of Pre.emption or at
PuD,ic saieS, can only Purchase IN lots and legal
'"uuI''''Cls' mat then Is iegat sujd,rision
suCn "s 'he trustees are authorized to sell I |,
mas Cceh agreed that resort must be had 10 tie
legislation and practice OF tie General Guyeiu
mehi IN reference to the public lands, 70 deter.
u, dl'"e ms question Grant It, and what follows
ne ne "c'S ui congress provide for the subdivision
u We P"OHc lands MO half quarter and quarter.
f""'e seC'IDu7, anu expressly authorize sales to
oe n'"ue " subdivisions ot forty and eighty acres
ran fIOLc Lands, Laws dc, 1923, 493 10.
P", . oo!' Ihe argument that nothing is u ie
j"' ,"ya'li"o" except Nimi has been nun oii and
maIhed upon the ground a' such, in making the
pubic surveys, proves too much forifit be sound
lheh quarter section Is not legal subdivision.
! not orins the practice IN surveying the public
lands to run rvund and mark upon the ground tie
boundaries oi any subdivisions less than whole
'ecuons.-AcCiintock as. Rogers, II, Illinois, 2gj
a forty acre tract, or quarter.quartcr section
5 subdivision Of land recognized By act of con-
5fe's and Is therefore Just as much hqal suJdt.
''"2" rs quarter section, or any o.her subdi.l,-
on known 10 The law. The right of tie trustee,
" oiI'r Tie canal land, t9rsae N quarter quarter
,,"' qu"'eT, or quarter sections, IS they shall
'''" u'st Ior tic Interests Of the caU.l lnud. i.
'rioud dispute; and the night of pre-emptIon. o,
las been already shown, must be limited 10 the
anus ON winch The improvements are situated
is lie trustees are authorized TO bring the same
"" 'N'ikeL II ihTCiorc, the trustees think pro
.'' l" uhVf 'r canal lands for sale in tracts uf
'''y acres ana one such subdivision as in this
''', embraces all the Improvements put upon
ne and pl-r to December, 1872, the owner
nercoi would be confined in his right Of pre-
I;,,o" W 'h' quarter quarter section embracing
'"i ,',I''''s' W'''c Il 'He '%nd, had been
"ra Is -. VI one hu'G'eH ana s'H'y
l,5 ',I '.'i' ~ p'e.t"'P'ou would nave eAt'n-
H. va, ''',' ,'I''.I .,'.''i he rr''fl ln
- .u' S'"" '""t the trustees were
,,.,I, ,i'.'' os'.' 'ue "".'c quarter seci'o"
/, ,,, ,,,,'li 'D,'' WIZ '''e i'I' W" COM
"'',', nave no .'s'' % purchase The en'
nj. ~ ~. -" l, ,'''e'"eH'
100. ,,,, .',. o'','' however, upon winch We
,rs,o,s ,,s,.t,l,;J 'i', '"', ,"e l'7I' o' 'he
W. 'N''N'''e'N it'iAN NllNI NY tUl luNIl lNIS