Weekly Council Bluffs bugle. (Council Bluffs, Iowa) 1857-1860, 1857-12-02

4 - rsaa - aaAnibsy Axaa by ahe
ssnpanys y makiag ~ $50 - nsan
- ersuna. From this Isstss ~ y |
hsRs balisvsd ID 10 be- 49, lals ii ra- /
80 . szks seslamony s eksss whsss he |
aseias&aosy assiemsss showed - aaaase /
assRa a AaFa 6sdn made a5av - lins IL /
- rs aaxksd spQR fhs gxeana
sad q Vi doinR prevented several psr-
s1as kFeza pexksesing shelf pre- saapllon !
rights wkskia he lines allowsa by the
aas - eaagK - Appsoyaa 40 sssps., 1871.
TAs Letter iras siss (alasai szieasE clear
II warzaatsa sAem u passaing shis
eousaes - il sskusing q rsasave shs
tsatamony ths5 wsss following both the
latter and spirls IL shelr inssrucsions.
These inaasssalons were based ap0a : de-
oision % Astasnsy GsnsFsl cushing, who
decided LAS skaha rieAA 81 aAa State 49,
taahsd b ia Land, - so0a - tAe line q
ths read waa isaaisely Axad and mark
ed eat upon sha gEoand,n This deais-
ion may be correct bat Il 80 Il Is pnss
which gisss large maargin for swind-
ling to tha railraad sompaaiss. That
the railroad sampaaies eoald 80 upon
the segroand' and mArk out the Line Of
sAe road and shas acquire right = the
land without giving any nosise % any
ons whsrs shey bad Hxsd shs route, il al
absurdity. Whsps Oas party dOnatss 10
another party land, II there Il eoadi-
sion 10 The grana - doaskion shas condi-
ton mast be somplied with with On tbs
part Of tho donee, before Ais right can
attach TO tbs same. Nov, grant Of
land was made to The State, Ia alternate
sections for six miles On each aide of tbs
line Of four Fallroads, With 8 proyiso
thas If ii should be found, when the
route Of tbs road was dsinikaly Hxsd,
thai any Of the lands had been sold, or
thas the rights Of presumption had at
taehsd, that ether lands In lea might be
selected within nsteen miles Of The line
Of the road. This proyiso clearly shows
that it vas tAs duty Of tbs State or rail.
road company 70 notsfy the land depart
nent where shsy had axsd the Line Of tbs
road, and that antl such metiee was
given that no right could attach 70 any
Of the land, The reason for this opinion
is plain. II the company ware not bound
70 give notice to the land dspartnsnt,
where thsJ had sxsd the line Of their
road, bstors aHy right could attach 10
the land, foundation for . most nag
indecent system Of swindhng vas opened
to them. Under this construction Of the
law, they could hx the line Of the road,
record il in their oacM books, and when
the pioneer had settled upon their lands
and improved and made them valuabIs !;
they csald ejsst aim from the land, and
reap the fruits Of his hard labor. We do
not believe that the oompanies's night to
the lands attaches until, they notify thu
land department where they have fixed
the line Of the road. As shown By the
plats on 6le in the ofkes in this city the
line Of the Buriing ton road vas hxsd in
this land district from the 18th Of Sept.
to the 20sh October, 1856. Prescriptions
wsrs not interdicted upon these Lands
uutil the 10Th Oetober, 1855, and the
plat showing the location Of the road,
was not fled in the Registers ofkoe until
June LIST, 4. D. 1857. We hare always
coutended thSt the act of 4th Sept. 1871
was not repealed by the act making the
grant, and that the Commissioned can
not suspend the operation Of that laW.
All lands save those enumerated In that
sot whether oHsrsd or unoHered, are
subject 20 pre-smption. The Cozhmis-
sioner may close the Office /; bat ID can-
not suspend or render null the law, nor
pzsvsnt settlers from acquiring rights
under IL. And hence we contend that
ali settlements made upon lands within
Efsssn miles Of the line Of the route of
say Of the roads for which grants were
mAsas, prior q fixing Of the route and
flag he plst ahoasaAg tha loeatiDn Of
tka read snskh shs dad daparsfa<sss. are
geedy ard thai the settler las acquired
. righa which the Uommiasi onaR BIZ mere
construction cannot deprive him Of
Several ne cur eEisnds In tAis Lard dis
tziSs have been prevented from plxfecs-
nag their titie to the land claimed by
them as . presumption night, b. the re-
fusal Of tbs ezRosEs wnaar the instrae-
items Of tha Commissioners to receive tAe
sviden0e necessary 10 substantists their
right. Notwithstanding ths instrussioas
we're plain, the Commissioners ssezas dis
posed to quihhls, and finding thai be il
not borne out by the lay IN the insauo-
lions heretofore given, he has wFitssn
another letter ''to avoid misapprehan-
Sion, p in which he comedies the right TO
those who made bona fadd settlements
prior TO the receipt al this ofsos Of hia
letter intsrdieting Prescriptions, and
after the location Of ths route Of the
road, to psrfscs shetr prs-enptious and
eater the land claimed. This Latter IL
in direct conflict With the other letter
mentioned upon tbs same sabjsca, and
We can only aoeount for the Ars&, by
sapposiRg thai boYs, num-akuIIst and
bull-hsadss reign sEiumphsns in the Gan-
sral Land Once. We do believe that
Commissioner Hendricks is possessed u
some iitsle sense ; but be cannot attend
70 ali Tbs businss transacted in his de-
paFtmsnt- hs must hsve clerks AID ~.
aiseants BAT he hAs been exceedingly
unfortunate Ia his selections. There is
the Wilsons; the Johna, Josa and Peters,
who aRs = rsguIag sssof blundsYsrs. Thsy
give instructions one day and tAa next
give othna IN direct sonaies With The
Ara 70 ''aYOid misrepresentation Thsy
make rule with sac CAGE, and whsn
Questioned By officers Of othar ofhc@s, re- |
ply, ssso such rule has besn sssahii shsa. y !
They return presumption entries tsana4l
psndsd, besaass the tract IL noe i tech |
nieaa qaarteF section, and eontains more
hAxm,1 s2s.s hts,, ,Ss...,s4 3 a 49,. a By