Washington telegraph., 1853-10-19
OP ON

The Board Of Swamp Iaud Commission.
ers has requested my opinion in regard to
the true construction Of the several acts of
the Legislature ot Arkansas concerning the
swamp and oyeraoWel lnud., approved jan
9th lsjl, Jan. 18th lS5l, aud Ian. l2th
1903. as 10 the present powers aud duties of
said board aud ot the lam agents provided
for by the laI mentioned act
a, have a persuual Interest in the ques.
,ions involved. being, as ! am. interested
in lands aud applications ,opurcln.o which
have been by me heretofore made to said
board, and which others have undertaken to
purchase frmn one OF .lid land agents, | eau.
not give an impartial opinion but can ouly
nRsr an arguuoni ha,. he.iin,ed as in
ING even that, In finally determining TO
10 ~. warn tho board to make all proper
allowances in weighing my opinion for the
bia. which my personal interest may pro-
ducc. believing only that have TOO high a
regard for my professional reputation aud
honor to ai,cmp, Wiliully to deceive them
or To state anything ns law which ! DO mt
honesty believe to be 80, beyond any posi-
bii,y of dispute
The act of January 9th, 1851, required
the Governor tu appoiu, three pcr.oni n
"the board Of swamp land commissioners,
who sliodlJ hold th,ir Office for the term Of
two years aud until their successors should
be appointed and qualified.
IIy the 3d section it was made the duty
of such commissioners, 1t, to ilx The price,
of the swamp and oycrAowcd lands, on a
defined basis 2ad To determine the locality
extent aud dimensions Of tho necessary
drains and lcyce, 10 reclaim such lnnd' 3dl
to classify the lands. and let ont the m7Slne
Of the drains aud leyocs
By section 4 il wa, provided that the
payment ior making such drains and leyee'
should "bc made IL hc laais ncciaimcd
on u ho j,roooc,is ef the safes MeTo'f'
And by section 3. power was gwen the com
misssiOners To issue scrip representing quar-
tor section tracts, in which, ~ hS 0Pio"
any contractor might demand and receive
payment for his work, IN lien Of taking
land directly "in kind" This scrip was tc
be assigna6lc, and could "bc located upon
anu ot Me nRio0tcd p0Hio@ oi SAID
swamp aud overlooked lands"
Section q. provided that when any con
tractor should have finished his work, IN ac
cordanec with bis contract, and should have
Selecicd his kaHi or, in lieu thereof loca
ted his scrip, be should furnish the mum
bors Of the laud to the commissioners OF
whose certificate the Governor should exc
cute IA deed in due form of law, 10 him o.
his assignee, FOR the land so selected or 10
Gated.
This right of selecting lands in paymcn
for work done. or receiving scrip IN llen o
land, aud locating that "or amy OF tho unlo
Gated portion" Of the lands, and ot ha''nl
the commissioners certificate thereof enter
ed into aud formed part OF every eonirac
for work made in the life Of that law jus
ms much a. If il hnd been expressly Iipnlh
ted in so many words, in the body Of ever
meh contract. Thi. right could not, ailo
the contract was made, be taken away o
lossened, destroyed or impaired, by any SUI
sequeut legislation, nor as a Leglsla'ur
cannot do indirectly, what it cannot do dI
reetly. could subsequent law 50 ieilel
clog and embarrass the right, as to amount
in effect to a deprivation or denial Of it,
By the constitution Of the United State
no State eau pass a law imPniring the OBJ
cation Of contracts
Rv section y, the commissioners altcr ~
ing the price of said lands we're authorize
10 s ssell them for cash, mud give certificates
the proceeds being applied to recaimin
such land, ga -...,;..;,,,,,
By sections I and 10, the commissioner