The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-06-24

ton TO give the true season, end the only
reason. that hss prompted 10 10 these
measures, and leave il to the public to Judge
whether We have done right or wrong inhhe
premises. A.P 4 d. KELLEy.
--------------s-s -
swAnP LAuDs.
The following opinion Of the Attorney
General Of the state Of Iowa 10 relation to
the deposition Of the swamp lands in ,his
State has been handed W by the County
Judge Of Aishsska County, with . request
that We publish the same.-l Osksloosa
Herald.
OsFrcE OF ArroRaEY GEaERAL.l
Iowa City, June lot, 1857.
SiR:--Ia reply to your favor, l have the
honor TO submit the following opinion upon
the various questions presented for my con.
sideration:
BY an act Of Congress approved Sent.
28th, 1850. entitled '-sn act 10 ensble the
State OF Arkansas and other States to re-
claim the Swamp Lsnds within their lin.
its," this State became possessed OF and
was donated the swamp aud overflow cd
lands within its borders Tor the purpose oi
enabling IL to construct the nece ssary
.evees and drains" for their reclamation -
The General Assembly OF the first session
after the passage Of the foregoing act. took
steps for an accurate and careful selection
II such lands. See Session Lsws o.
is5O-5l. Chap. 50.
Al the subsequent session Of 1898
they passed an oct granting the s~smy
lands to the vasious counties for the Put.
pose Of constructing the necessary ievee,
and drains. BY this act the County Cvur,
was required 10 fix . valuation upon eacl
tract % soon - plans were made out ans
returned b. the surveyor, and the minimum
price was 6xed a twenty-five cents pei
acre. The County Courts 'sere alao r..
CURED 10 cause the said lands to be drained
BY the construction Of proper levccs and
d',ci ing. (See Act approved January L.
1850.
Al t.e session Of 1851. the General
Assembly materially modified their previ.
oas Legislation upon this subject and more
fully designated the rights OF settlers end
cisimsnts upon these lsnds. The minimum
price was raised from twenty. to one dollar
add twenty tive cents per acre. II wsa
further provided that "anv person Who shall
have bona .Sds claim BY actual scttlemenI
or improvement upon any VI the swamr
CT overlooked lsnds in this State
or any bona fds sssignes Of
sue pesson shall be sllex ed to enter the
same BY paying into the County Treasury
u IS per acre therefor, See act approx.
ed January 25th. 1885.
To entitle an applicant 10 the benefit Of
this section. we must have Q boaa fide claim
either BY actual settlement or by improve
ment. and tho County Judge should be %
satisfied BY competent trs,imoay. Ii the
right 10 psedicsted on the TACT Of settlement,
10 not merely transient, hu, 10 made In coed
faith for the purposes contemplated in the
law. II the applicant bases his right on
the fact Of IN improvement. the court should
be satisfiet from tho nature and character
Of the work that the same was made in
good faith and would tend 10 reclaim the
land. The applicable Abatement on aida
VII should In no case be taken % suGcient
evidence Of the fact. II 10 merely his pe,i-
ton, and should be followed BY competent
testimony - IN other csses. Slight end
trivial Improvements should be looked upon
with disiavor and suspicion. Il 10 conceive
ed BY the undersigned that the court should
require such evidence % would 10 comps.
tent In = court Of justice on the trisi OF
cause. Mere siidasils being eApasts arc
dangerous species Of testimony. and must
ne eesssr,ly be unsatisfactory. The State
having generously donated these lands to
the countics on the express trust that the
obi ects contemplated in the original grant
BY Congress should be carried into effect, /,
becomes the duty Of the counties 70 zee
he, there object II not defe.ted. A. the
applicant BY virtue Of either his settlement
~ improvement 10 entitled to enter shese
ands ., the minimum price. when in fact
he lands may be worth fer more and the
choicest In the State. the Judge should,
therefore,, see that he brings himse n strict.
y within the spirit Of the Law. Unless this
% done. these lsnds will lall into the hands
Of fee irresponsible persons, perhsps non.
rfsidents. with no psospec, Of their future
unless at the sole expense u
The county. The fact thst IN applicant De.
s:gns 10 enter the land for speculation or
any other purpose 10 no legal objection 10
his claim, provided the nsture and chsrac.
Ter Of his improvement briags him within
The spirit OF the law. l,is further provided
by the 10th Sec. OF the fore going oct, thu,
any person desirous OF periecting his claim
md receiving the benefit Of pse.em p.ion
hight 10 any swamp or overfiowed lands.
snail be ealitled 10 the same by proving MI
claim. &c. The 9th See. provided tha,
The time should be within ninety days ate,
the 6rst day Of March, ls55, or whore the
proper returns have not been made solhe
County Judge thereof BY the selectine Off.
Ger, such person shall have ninety dsys
alter the time q which such return .hall be
made wherein to prove his claim. A these
provisions did not extend the risht to p.,.
sons desiring thereafter 10 make such
Claims. bu, app..ed only TO bona ide cl.,ms
then IN esse Or persons desirous Or perfect.
ing such claim, Il wss provided In the latter
clause OF the 10th Sec. that these psovis.
,ons b. .exiended TO sny person who shall
hereafter acquire bona hde clam a above
specshsd; provided he shall prove his CLAIM
according - the provisions Of THE sct With.
IN sixty days ths scsi,er" Nv v,r,ue ~
these prov s,ons the r:gh, Of ps~-emo,;on
still exists. end any per.op y no .s,.s6..
the County Judge that he h.s = boz s a..
c.aim' = entitled TO Pre.empt - the ex,sn,
:. WV "e"ssS e"e e'Ay acres. The l0~
provements necessary to lay the bs.is Of .
prescription need not be Of that ch.rac,e,
that would entitle IN applicant 10 enter
the land. II the applicant ss,is6es the
Judge that he hes made the commencemsnt
II bona fide improvement. and 4 desirou.
VI p<risctiSg such Claim aad io,euds /. IN
80, be 10 entitled 10 pre- emp, The and
Assignees Of ssch pessons must bring them.
selves within the same principlss which a..
ply 70 the original claimant 10 order q =. |
aliss the eease: Of sseh sssissmsnt. Ths
lss oaly costsmplasss . pre- .enp,ion or
sntsy ey bona 6de claimsnls, Or : bona 6ds |
Ass'gsse Of such pesson under Sec, and
10. Get Vi 1884 3, to the extent .. ON. hun.
sfed and siA.y acres. aad such cls,man, q, |
lssisnse shoald asks : showing b. s6sds. |
Is - soae Sshes psopss aslho1 :, vAIsA /
he ledge Say b sslis6sd that 10 he nos
I.ss4t lse-espss1 = ~ fall sz,sss ssa,.
These lasds list ass aes saIssesd /.
b spplieaaios e beos - elaiaaau a.
iesssaid. - sul1ese = sels sedss - mo.
80 = - - - ~. y enesde1 4