Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1852-12-16
VOL. V.


rectly in conflict with natural rights,
cannot advance beyond public opinion.
The first effort of this power was to
llmi, the sale of such liquors through
The local authority requiring IL
cense with bail and other regulations
Thus far the law was sustained and its
penalties enforced. More recently at
Temps have been made to extend this
power. OF such character is the law
now in force. And | submit TO you,
while il has existed, whether general ex-
perience has not shown that its prohibit
tory provisions stand upon our statute
book without being observed. while the
generallicense TO sell as an article of mer-
chandize has extended the traffic without
control. There is an inconsistency in
the practical operation of this law not
ieconcilable with the object intended,
which suggests an additional reason tor
4 change. Drunkenness and immora'i-
ties arising from the use of ardent spir-
its, may be punished as crimes. but is
doubtful whether any legal enactment
will prevent their being sold by retail.
while the general sale is allowed as an
article of merchandise. II would seem,
therefore, that judicious license system,
placed under the control of the local au-
thorities, could be made more efiicientfor
good, than any other legislation. With
these views submit the subject to your
care.
In pursuance of law of the las,
General Assembly relative to the Des
Moines River improvement, procee-
ded at an early day to fill the offices of
Commissions. and Register as therein
provided. by the appointment of Gen.
V.P Van Antwerp as Commissioner.
and George Gillaspy, Esq. as Register.
who after being duly qualified, entered
upon the discharge of the duties re-
quired of them. Fully aware of the
great importance of this work and of the
deep interest felt in its earliest compile
ton these gentlemen proceeded at once
TO ascertain its true condition, and so
far as practicable TO do what might be
in their power to carry il forward to
completion. The result OF their labor
during the first year will be found in
their fist annual report. made to me IN
pursuance OF law, and which is herewith
submitted for your consideration. By
this report i, will be found that all work
or very nearly SO, when these officers
entered upon the discharge of their du-
ties was suspended. There were no
funds on hand. and no part of the work
was completed. Of the lands below
Racoonforks l8s,466 acres had been
sold, realizing the sum of $235,70S,SI
all of which had been expended. And
there remained only l33,40l,S9 acres
worth at $l.25 per acre $l66,752,36.
Over and above the money already ex-
pended, there was an outstanding debt
due TO the contractors OF not less than
SOS, 900, and upliquidated claims for
damages of over $80,G90 on suspended
contracts. The estimated costs of CON-
ple,ing the works between St. Francis
vile and Keosaugua, excluding the ca
nsls was $2l0,000, thus showing an alb
solute deficit in means 10 be hoped for
from the lands laying below the Racoon
Forks, TO meet the actual Indebtedness
and the estimated cost of $l09,250, |
aside from all claims for unliquidated |
damages. In view OF these facts, and
10 meet the pressing necessities, for ion
mediate progress with the portions OF
the Improvement commenced. to avoid I
distractions in the navigation of the riv-
err, proposals were issued for the com
pIetion of the whole work, or portions
thereof as might suit contractors. Thus
seeking TO anticipate the avails of the
unsold lands and the Ten,s of water
powers, after first providing for all out
standing claims. While the result of
this effort remained uncertain the un-
preceden,ed rise in the waters of the
Des MONIES which continued until the
month of August, added most seriously
10 the embarrasments upon the pIos-
meets of the work, and threatened It's
entire abandonment.
Notwithstanding all the accumulated
difficulties, the officers appointed Gid
not suspend their efforts; and as no ar !,
Yanpement could be made with the old
contractors, who perseverlngly pressed
their CLAIMS for liquidation and pay.
men;, they entered into negotiations
with Messrs. Bangs, Brother a. Co., of
New York, in pursuance Of their propo-
sails. When this negotiation was abou,
closing, a new and unexpected difficult
" arose of the mos, embarrassing char.
acter. In the month Of August the Sec
retary of the Interior informed the Com.
missioner that in accordance with the O.
pinion of the Attorney General. he had
decided that the Des Moines River
Grant, die not extend above the Raccoon
Fork. and reversing prior decision OF
Mr.. Walker, Secretary OF the Treasury
on the same question. This action OF
the General Government was fatal to
the prospect of the improvement if adj
hered to. In the hope, however, that
this would not be the case, the officers
proceeded and concluded contract
with Bangs Brother g. Co.. to carry for
ward the work as far as the means might
permit. An effort was then made to
preventive injustice of Withholding these
i.nfls from the State, which through the