The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1859-09-29
Legislative Action Upon tho Railroad
Land Grants.


Some Of our citizens who pretend to
have knowledge Of this subject, in
their efforts to convince the people that
there is,no railroad issue. say to them,
that the Legislature, at its next Session,
will have nothing to do in regard to the
land grant, because they have no right
to take any action upon the mat.
ter.
TO save the people from being de-
ceived by these ockeying politicians, who
form the van, Of oficcscekers in our
County, We shall lay before them, that
part Of our State laws, treating most
directly upon this subject; believing
and knowing that when they have read
them, they will say with Us, that the
next Legislature have not only the right
but are obliged to take action in the
premises.
The act Of the Legislature approved
July l4th 1856, after rcciting that the
Railroad Companies to which tho lands
are By the same act, transferred, reads IN
sec. 8 as follows:
SEC. 8 Trio grants aforesaid are made to
cach Of said companies respectively, upon the
express condition that in chse either Of such
railroad companies shall fail to have compile
ted and equipped seventy-fve miles gifts road
within three years from the first day Of De-
cembcr next, thirty miles in addition in each
year thereafter, for fvo years, and the remain
-. -
thereafter, or ON the first cf December, A. ID.
1866 then and in that case it shall be compc-
tent for the State Of Iowa to resume all rights
to the lands hereby granted and remaining
undisposed ofby the company so failing to
have the length OF road completed in manner
and time Is aforesaid.
This Law We think reads to plain to be
misconstrucd or misunderstood by any
one.
last week We showed that Congress
granted those lands to the State, for the
building Of certain Railroads, rescrying
to the United States the privilege Of
again becoming full owners ofall laals
granted remaining unsold on tho 10th
day Of May 1860.
The above lection shows the conditions
upon which the lands we're conferred up
on certain Railroad Companies, by the
State, to carry out the act Of Con-
gress.
Now every one must sec ut once, that
It 10 the duty OF the uext Legislature to
enquire into the acts Of t.lesc companies
and ascertain if they have complied viii,
the conditions upon which they received
the grants Of land.
But to show further that the Legis-
lature Of our State, not only intended to
grant the lands upon conditions, but
also to have supervisor over the com
panies receiving them, and see TINT they
comply With the conditions imposed, we
insert the following Sections from the
act Of our State Legislature.
spc. Il. Said Railroad Companies, accepting
che provisions Of this act, shall ut all times, be
subject to such rules and regulations, as may
from time to time, be enacted and provided
for BY the General Assembly of Iowa, not
inconsistent with the provisions Of this act
and the net Of Congress making the grant.
SEC. Is. BE IL further ENACTED, That any of
Aaid companies, accepting the grants Of land
under this net, shall take the same with the
conditions imposed and incumbrancc specified
In this act, and shall in no event have any
claim or recourse Whatever upon the State Of
Iowa, for ntisapplication of snid grant,
membranes or conditions in this act inl-
posed.
Does any sensible person want further
proof Of the right and power Of the Leg
sslature to control these lands, if the con-
uitions arc not complied with
The fact il, the State will own and
have full control on the 1st day Of De-
ccmbcr next. Of all the lands granted to
certain Railroad companies, who have
not their IS miles Of road completed, and
che may grant them again to tho Same
eompanies, or to others. Bat says one,
sthess companies have sold = part Of
these lands, and the State cannot recover
them.'
Such is not the case. The highest
law OF our land, is the Statute law
The common law must always give way
to Il, when they conflict.
Our State by Statute Law has provided
for this exigency.
The following Section We quote from
thc act Of our Lcgis' ature, supp'emc ntal
20 tho Act above referred 10
SIC. 2. Any mortgage or decd Of trust made
srpon tho lands, roads or the property Of either
skAN Aiad and be . valid lien upon al the
properly mentioned in such deed or mortgage,
Including rolling stock And the purchaser,
under trustee sale or foreclosure OF mortgage
shall have and enjoy oil the rights of a pur-
chaser on execution sale: Provided further,
that nothing contained in this act shall be 50
construed as in any mannerto interfere with,
change or modify the rights Of this State or Of