The miners' express. (Dubuque, Iowa) 1849-1854, 1853-01-19
Iowa CRY, Jan. 9th 1853

JoHN D. JEssIses Esq:
yesterday the Senate
resolved itself into committee of the Whole, on
bill for the more vigorous prosecution of the
Des Moines Improvement. Let us say few
words as to the provisions of this bill. The
first section Of the bill provides, that the Com
missioner and Register Of the Desmoines Inn
provement, shall have the power to sell and dis
pose of all lands which have been or may here.
after be granted by Congress for the improve
ment of the navigation of the Desmoines river,
in such manner as they may deem most expedi.
ent for the early completion and vigorous pros.
ecutions of said improvement, provided, thas
said lands shall not be sold for less sum than
one dollar and twenty FIVE cents per acre, or .
less amount than 81 100000, IN the aggregate,
sales shall after paying the present indebtedness
and liabilities OF said improvement be devoted
to its completion to the greatest extent practca.
BILE,
The second section of the bill provides, that
the Commissioner and Register are authorized
and empowered, if deemed by them necessary.
for the best interest Of the improvement, to
transfer or convey in fee simple or by other title,
to any individual or company, any portion or all
of said lands for the purpose ofprocuring money
for carrying forward the improvement, subject to
any limitations contained in subsequent sections
of the bill. The same section authorized the
Commissioner and Register 10 transfer, lease, or
convey to any individual or company, the right
to the tolls and water rents arising from said
improvement for such length Of time, not ex.
ceeding twenty FIVE years from the 1st day Of
January 1858 and upon such terms as in their
judgment will most certainly secure the speedy
prosecution and early completion ofthe improves
ment so as not to interfere With existing
rights.
The 5th section provides, that all bona fide set
ties upon unsurveyed lands at the time of the
passage of the act, shall have the right to pur'
chase the same within one year, at the rate of
81 ,25 per acre. providing that the amount Of
land claimed shall not exceed $50, 900 acres.
The aboye we believe constitutes the subject
matter of the bill.
The provisions of the bill have been ably dig
cussed by Messrs Love, Browning, Preston,
Lowe, Johnson and others; Messrs Love, Pres.
ton and Browning the principal dsputants, Mr..
Love for the bill and Messrs. Preston aud
Browning against it. MessIs. Preston and Brown.
ing opposing the bill, on the ground that it
would make the state liable for any blundcrs
II ~
and for the act Of the Commissioner and Regia.
ter in declaring the contract witL Bangs Broth
ers Geo forfeited These gentlemen enforced
their positions with much ability, Mr.. Love on
the other hand, contenied, that by no fair coz
struction of the provisions of the bill, could
any such conclusions be drawn. That the stats
could not be made responsible for any losses ac-
casioned by the acts of the officers. that the
Desmoines river fund would have to susiain any
such losses-apd that so far as the contract Of
Eangs & Co, was concerned it was already
forfeited, by failing to comply with its essential
provisions. Mr.. Love enforced his views with
much ability, conciseness and clearness. fs4
We are not able to determine the legal istaes
which ceemed 10 array these gentlemen against
each other, but we certainly would like to see
some policy adopted by the General Assembly.
which would promote the speedy and vigorous
prosecution and completion Of the work, with.
out involving the state in debt.
This work has been allowed to Jay and decline
long enough. Either soms means must be ad.
opted, by which the work viii be vigorously
carried forward, or the Improvement viii sink
into insignifcance and this immense grant be
completely sqandered away. 1t is high time
that some ejudcieus policy should be adopted by
the general assembly.
The bill was finally laid upon the table. 10
be taken up at the pleasure Of the Senate
Yours,