The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1857-06-20

IEE KtNN4A FNFM1EEZ E1EME&fA& &ET&E %TE 49,
Oryics o. A11onuBY 0nNIaAt,
lows ca, juno II 1857.
Slss-In reply q your favor. | have III.
honor to submit IL following opiniop upor
fthe various questions presented Tor my con.
siderations
By m net Of Congress approved Sept. 28tt
l050, entitled sssn sct to enable the State Of
Arkansas and other States to reclaim the
swamp Lands within their limits,', THU
State became possessed Of and was donated
the swamp and overdowed lands within ii
borders for the purpose of enabling it to
tsconstruct the necessary levees and drains''
for their reclamation. The General Assem-.
bly, at the frst session after the passage Of
the foregoing act, took steps for an accu-
rate and careful selection Of such lands.-
fSee Session laws Of l850-51, Chap. 69.l
At the subsequent session OF 1898, they
passed an act granting the swamp lands ia
the various c~onnties for the purpose of con.
strnctinc M necassarv lcvees and drains-
Rv this act the County Com was renuired
70 6r : valuation mon each tract as snon q.
nlats were made ont and returned bv In
surveyor. and the minimum nr;ce was 6xod
Al wsnty Ave cents ner aero. The Connty
conrts wer- also renn;red IL cause tho SAD
lands n he drained Nv the construc.;on ~
nroner Jevees and d;tchino. ISee Act an.
prored ~.Jannarv l3th. 1851.
AZ the session of 1854.5. the General A.
.emhlv materially modified their nrev;ono
leo;.l.t;or mon this subject and more f,llv
aes;onatad tie r;ohts ~ SETTLERS and claim.
ants mon these lands. The minimum nr;cs
vas ra;sed from twenty In ono daIlar and
twcntv.fve cents ner acre. II WAS further
nrov;3ed that ssonr narson who sba,l bara =
bona fde claim by dc,uaI settlement or i'm
upon apy Of the swami or over
lowed lands in this State
~ INV hopa Hda ASSIGNEE of s,ch no-sor
shali he allowed to enter the sa,ne nv par;na
into tho Comfy Trensnrer 81 Ok nor acro
therefor. ISee act annroved @.ianuarv 9th
le5s
n .n.;tIo an onn,;ca,t 70 tho ho,.s, of
this sgo6ior, We mutt have : bona 6nde claim
either by actual settlement or by improve
ment, and the County Judge should be SO
satisfied by competent testimony. If the
right is predicated on the fact Of settlement,
the evidence should be such as to satisfy the
court that the settlement is not merely tran
sient, but is made in good faith for the pur-
poses contemplated in the law. If the ap-
plicant bases his right on the fact of an i'm
proyement, the court should be satisfied
from the nature and character of the work
that the same was made in good faith and
would tend to reclaim the land. The appli-
cant's statement on affidavit should in no
case be taken as sufficient evidence Of the
fact. 1t is merely his petition, and should
be followed by competent testimony as in
other cases. Slight and trivial improvements
should belooked upon with disfayor and sus-
picion. 1t is conceived BY the undersigned
that the court should require such evidence
as would be competent in a court of justice
on the trial Of a cause. Mere afidayits be-
ing erparte are a dangerous species of testi-
mony. and must necessarily be unsatisfacto-
nv. The State having generously donated
these lands to the counties on the express
trust that the objects contemplated in the
original Grant bv CONGRESS shonld be carried
,;os ~ sao .ho, thar ob;ect i not dafaa,ed
A. tho annl;cant' NV v;rtne Of either his set-
tlemcnt nr fmnroyement is entitled tn enter
thess land. At the minimum nrice. when in
ca, ,ha Isr5s NAV he worth far mora and
Tho CHOICES in the State. the .Iudpe sbonld.
49,. SOC that no br;ngs himself s,r;otlv
w;,b;n ,hs sn;r;t &c tho law. ITnless this +
g. ,hasa Iands will fall INTO The bsnds If
. Tow ;rresnons;b,e nersons. nerbans nonres.
;donts NTH no nrosnect of their fntnre ROO
is,nat;on' unless at the sole exnense of the
onnntr Tbo fa.t that IN o,nl;cont dss;ons
To enter the land for sneculation or anv 9th
ar nurnosa Is no LEGAL obiec,ion IN his claim
nrdr;ded the nature and character of his i'm,
brinos him within the shirt of
The law. II is further provided by the 10th
Section of the forepoino act. that anv ner-
snn dos;ro,s of nerfect;nq his claim and RI
ea;v;ny the hene6t of a, ~pre-emn,ion r;obt
tn any swarm or oversow,d lands. shall he
entitled 10 the same nv nroyino his claim
&c. The Oh section provided that the time
sbould he within ninety DAYS after the 6rst
day of March. s or where the proner re-
turns have not been made to the County
J-aas-.aereof by the selecting officer, such
person shall have ninety DAYS after the time
at which such return shall be made wherein
to prove his claim. As these provisions did
not extend the right to persons desiring there
after to make such claims, but applied only
to bona fde claims then in esse or persons
DESTROYS of perfecting such claim, it was pro-
yided in the latter clause of the 10th section
that these provisions Sbe extended to any
person who shall hereafter acquire a bona
fide claim as above specified; provided he
shall prove his claim according to the pro-
visions of this act within sixty DAYS thereaf-
ter" By virtue of these provisions the
right of pre-emption still exists. and any
person who satisfies the County Judge that
he has a bona ide claim. is eDtiled to pre-
empt to the ertent of one hundred and sirtv
acres. The improvements necessary to Law
the basis of a presumption need not be Of
that character that would entItle an appli-
can't to enter the land. Ii the applicant sat-
isles the ,Judce that he has made the com
m~encsment Of a bona ide Improvement and
is des;rons of nerfectino sucb claim and in
tends to 40 so, he is entitled to nre-cmnt
the land. Assicneas Of sncb -narsdns mns,
hr;nn them selves within the s.ma nr;nc;nIss
rh;a5 annIr 80 Tho or;n;naI nia;rn.r -
w.. - pfs tha hona,;, nf s,ah asa;anmou.
Tho law only c-on,emnlatss = nrs'amn,;on ~
antrr hv bona 6ds cla;mants or . bpao 60
o.s.s 81 s~.h n.rson sass;ons O ia
I1 sn, IS IN H. o1tant - ono hnnN
d ~ .nd .;x,r o.ras ana snah al.;n.n. ~
ass;anas shonld make a showing h~ afSday;t
90 sama a.bnr n-onar ua,bod wh;cb ,ha
I,aaa mar he sa,isesd hat ho I.s nnt al
800 nra'smnted to tLs FIJI, axtan, rnsran-
tod 81 Low
Those lands that are not embraced in the