Arkansas true Democrat., 1858-03-02

may legally pay fir any such lands. We hold it to be the duty of these railroad companies, whenever our citizens desire such information, to give public notice imparting it; So that every one entitled to presumption to any land which any company is authorized to sell, may eslab fish the presumption right and pay to the prop CT authority the purchase money.
 We hope our citizens will not be kept in stls- peuse upon this subject, especially with regard to the lands of the Little Rock and Fort Smith company
 The following is the opinion of the Solicitor General of the State
 LITTLE ROCK, 23d February, 1858. ELIAS N CONWAY,
 Gooenuor cf 4,Eansas.
 SIR:-fnc questions upon which you de- sire my opinion are substantially as follows viz:
 First. 1, the Cairo aud Fdlton Raroa! Com lany enti5ltl to the ole hundred aud twenty ~ect.oAa specified u the act If Congress of the San of February, 1853, and the Fort Smith and Memphis branches, bo.n being separate and lr- ! depeuieut companies, each entitled 10 the anne number of sectoi- to begin their roais with, rs>i actively; or are the one hundred and tWen- ty -ec.ipa, to be apportioued among the three com li. <, equally or otherwise:
 9-rolt 1I4y Me aad, referral to h the last ' question ue sold by the companies respectively, before any Wotl Is do4e ou the road, and be- iDra ,Uehty nla7 is completed?
 IHld Have JAe Cairo a.d Fulton, the Memphis ad Ltle Raea, ara Fou Smith anl L.se H,ek Ruirpal Companies fue r.4ht o sell, 1-iuse oI ur lease dny u~ AT ot the lands Lr4a.el bv Congress to cuLstT-.t tbe Cairo aud Fa..ou r4iitoaI ald branches aai can these e1.. ....i ss valid t.is to purchasers, or pre-- -mpor,:
 I..,. are questions of grave public concern and H..i, Do deulr .u some shape or form, a- Lo very remote period. be passed upon by the eoUrs; aud where only they can be author-ta- lively -guiel
 IAe aet VI Congress, approved February 9, 1855, granted the riEtit ui Wly, not exceeding two hundred tee. u .Ith, through the pubI.c lands to th- States of Arkansas aud Missouri. t5r ,As construction of railroad from point pu tae II .esif fF. river, opposite the mouth of .aa Ouia, in the Sate ol II ssouri, by way of Little Rock 10 rhe Texas boundary liue. uaar ru,oa ,n Arkansas, with branches from Little L,OsA to the M.ssas Mi I4yer, and to Fort Smi.l, .1 Arkansas; with tne right to t4ke necessity materials Oi eirta, stone, timber. etc., for tae so. ,-rucion thereof; tue liHe ot the road lo be fixed W surveys tO ba male under -h4 d.rae. .on of the legislatures Oi these States; copies D b. iJg0drI-u !: ,L4 .O-l. land offices resIec- uFu.y and t0 the general land office aJ Wa-.- ugsoa city.
 And for the purpose of aiding in making the "a tr-4d and branches Within their respective limits, every alternate section of land, designated by eVeH numbers, for six sections iu width on each side of the road and branches. were grant "I to the States of \ Arkansas atd Missouri: bUt If when the .lue or route ol the road wa dtti- ntely ANei, It appeared that the United States Aad so,d any section or part of section granted; pr be ugIt Ot prs-empt.o4 had attached to the same, tnlu au equal quantity u be selected in ,eu tnefeoi, mos cont qous 10 the tier of sec lona, above specified, lu alternate sections or parts o' s.a..pls aIa within fifteen miles from .he ..to o st- roII: .d h.ch lands, the act declares tHe Saies above named shall have and hold ru. ." i"r Jia use ald purpose ~ building the ruAd: ': 5a-t tls iaaGs granted shall bs applied in i-, constructor, ,~Aai Ut disposed pt u.lvd, the Wori, l.r1-r 4; a-d applied to uo other purpose whatsoever.
 / And j. E expressly provided in the fifth scc- tton, tlat tna l4ad, thu, granted shall bc ds- posed Ot by ,ae Sajes of Arkansas and Mis- soar only ID the manner following, that s to say: that oHc huudred and twenty sections, and Included within continuous length uf twenty m'!es ol roaI may be suId; snl when twenty eoAt.nuoGo mIleo of road is completed, then aa'thtr hle quantity may be sold, and 50 on, rom ume to time. until the road is completed: amt II not completed within ten years no f.r- ther sales shall be made and the land ugsoId shall revert to the United States.
 The considerations or inducements on tbe part of the United States for mixing the grant were, that the lands retained along the line of the road, would b. enhanced in value. and tinI d market; and also that it should forever be free public highway for the use of the govern meut ln the transportation of troops, or public property; and al-o for the transportation of the UlHcd States mails at agreed prices
 Under the authority Of acts of the General Assembly of Arkansas, surveys have been made oi the llrc or route ot the main trunk of the Cairo and Fulton railroad, and of the Little Rock and Fort Smith branch, and of the Little Rock and Memphis branch of the road; and re- turned and approved according to law, and the lands granted, have been, as l understand either in part or whole, selected and reported to the land department at Washington citv for adjustment and confirmation.
 Recurring to the act Of the legislature. to a;d in the obstruction of the Cairo and Fulton railroad, approved 26th of November. 1856: we see that all the land, granted, or intended to be granite ], ~ the State of Arkansas bv the act of February 9, 1853, which lie along and adiacent to the route of the Cairo and Fulton railroad from the south boundary of Missouri to the boundary line of Texas, as surveyed. located and es-ab. he'd by the company, and approved and confirmed by the act of the General As sembiv Of Arkansas of January 16. 1855: and 1 re-atti.mcd au1 established by the net in hand including all lands selected or to be selected in leu ot such as had been sold or otherwise ap. proprlafed by the United States; with an the rights conferred hy the act of Congress. be- aud 1 the same were thereby granted, conveyed. and confirmed unto the Cairo and Fulton Railroad Company; and also, to the Little Rock and Fort smith branches thereof; but subject to all the conditions, limitations and restrictions con- talned ln the act of Congress, making the grant and an act of Congress relating to pre-emptions on lands, reserved for railroad purposes, ap- proved March 27th, 1854.
 This act of Congress, of 1854 provided that every settler on public lands, withdrawn from market, in consequence of proposed railroads, and who settled them prior to such withdrawal. SHoulu De ehlltleu Jo pTe-efnplOn 10 the lands settled on and cultivated at the ordinary mini mum, to be proved up and paid for, before the restoration of the reserved lands to mark ket.-- 10 Stat 269
 It is quite obvious that the right the State had to the lands granted for the specific purpose of constructing railroads, has by her legislation been vested in the companies which have been chartered and organized for the purpose of con structlng the Cairo and Fulton Railroad and branches thereof. And the only restrictions imposed are those to be found in the abova named acts of Congress. No others were inten. ded; for 1t was prevalent idea, at the time the subject was before the last legislature and doubtless we'll founded, that, any other restric tons or conditions than those imposed bv Con- gross, might render the grant unavailable, and defeat the design of the government in mak ing it.
 Regarding then the act Of Congress of 1853 as in fact, part of the act of 1856, and insorpo rated in 1t, by express reference, I have to re- mark that 1t seems to me to be fair jltert,ra-