The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1860-02-18

! On Tuesday, the House Of Representatives ha
, under consideration The Inaugural On the sabjet
Of John Browns foray. Williams Of Dubuqu'
lei Oh on the Democratic side. He i Virgin
m and has the brogue Of the colored population
somewhat elevated. He made vigorous sDeec
upholding slavery, declaring it 70 be divine in
stitution. and identifying it with the Democrat
party. BY his manly course, he mortified tn
lying democrats such - Bennett, Beale, &C., VII
clamor for popular sovereignty, ~ the means .
covering up the false positions Of their party
Gurley, Clarke Of johnson, Roscncrans and Cald
well, defended the inaugural most ably. Cald
well pitched into Clagett, reprobated his conduct
denounced his course and held him-up before ths
vast crowd present, A. unworthy Of the higf
trusts committed to him as Judge in past and
now Representative. The discussion il to be
continued tomorrow night. The Senate deemed
it best to let the Brown affair sleep, and sup
pose there was wisdom in 20 doing.
The Senate has before it bill appropriatina
100000 to the Lnnatic Asylum. There is q de
termined opposition made to it. Every demo
crat will oppose all such appropriations, unless il
is Coolbaugh, and feel sure that many Republi-
cans will join them 20 far as to reduce the amount
to $1,000.
There is great doubt as to the propriety Of
giving any sum to the Blind Asylum, and feel
sure that no new Institution of State character
will be organized at this session.
There is disposition to upset our system Of
County organization, or at least to abolish the
office Of County Judge. Instead thereof, it is
proposed to substitute the system Of Commits
sioners or Supervisors. The new Counties are
favorable to the movement, and the old ones op-
posed. There is project afoat which will avoid
all the evils Of the County Judge system as con-
tanned in the Code and at the same time retain
the good features, to wit: to make out Of the
County Judge and Township Clerks an auditing
settling and contracting Board, the body to meet
either three or four times year. The County
Judge will still attend to probate and other busi
ness now within his jurisdiction.
Darwins Code is before the Judicia ary Commit.
tee. Il provides good system Of laws for prac-
tice, and meets with considerable favor. It is
too wordy, and imposes too much labor on suit
ors without comforting propcrtionable benefit
ON the suitors, but the latter evil can easily be
erad;oated. The tendency Of the age is to the es-
tablishment Of cheap, speedy and simple sss-
tenn of jurisprudence. Darwin seems to have
appreciated the fact
will occasionally write you. VOX.
DEs MONIES, Feb. 10, 1860.
HAwK-EYE:-All Of this day ard all Of yes
terday the House has spent in Committee Of
the Whole on the bill reported by the Committee
on Railroads, for the resumption Of the land
granted to the Iowa Central A. L. Railroad Co.
The history Of that Company suppose is well
known in this State. It took the grant under
the law Of 1856, and has failed to build mile
of Railroad or do anything, perhaps, but make
contracts, issue bogus bonds snd land scrip
In fact it is dcfunct company, having several
months since sold out its remaining vitality to
the Dubuque Western l. Minnesota r. r. Com
pany. The interest Of this latter G ompany is to
retain the nominal legal title in the old Central
Company, while the Cedar Rapids 4 NJ. r.
r. r. Co. wish the State to resume the lands
and grant them to her. The strength of the
two companies is tested on this bill, though
there is nothing in its terms that prevents the
granting the lands to any other company beside
the one at Cedar Rapids.
BY the contract between the Central and
Dubuque Companies the latter takes the lands.
agrees to build the Road and allow the Central
to keep 90 sections out of the l2O sections, as
the consideration Of the assignment to the Du-
buqac Company, which 20 sections are for the
payment Of the so-called honest debts of the
old Central Company
The principal advocates Of the bill, so far, are
Judge Hall, Gov. Baker, Mr.. Caldwell and Mr.
Dcnnison, while Mr.. Jennings, Mr.. Williams
and Judge Claggett oppose the bill. The Air
Line Company, with all other land grant Rail-
roads, was required to have ~ miles Of Road
completed by Dec. 1st, 1850, and a certain mum.
ber of miles completed at stated periods there
after, np to 1865, at which time the whole Road
was to be completed.
The opponents of the bin say all the stipula-
tions, limitations and conditions above mem
toned, 60 to make up but one coalition, and
that no breach of that condition can occur to
entitlc the State to resume the grant till 1866
They argue that the condition is analogous to
that of mortgage to secure several yearly pay
ments, which, without an express statute, can.
not b. foreclosed till all the payments are due
On the other hand it is said this contract or
law, is not to be construed upon the dots Of il
and crosses of t's-that such construction
would defeat the very object Of the grant-that
the land would revert to the United States in
1865 if the Road was not complete, and If
the Company had till that time the State would
be defeated by the grant, if the Company failed.
That such construction is contrary to the whole
tenor Of the act-tha. every condition must be
stricken out Of the law except the last clause
requiring the completion Of the Road in 1865.
That the intent Of the Legislature, which must
govern the construction of the law, must have
been consonant with the Act Of Congress, which
allows the land to be disposed Only as the Roads
are built.
The negative on the question also argue that
the construction Of the word "grant" is the
conveyance Of the absolute title, and they cite
the opinion Of Attorney General Black in sup
port Of the position. TO this argument it is re-
piled that the State took the lands subject to the
limitations Of the Act Of Congress, and could
not convey the same except subject to those con-
ditions, even if she would; which Act Of Con-
gress expressly provides that the lands shall be
disposed of only as the work progresses-as the
Railroads are built
The question is undecided and is the largest
financial question that will come before the
Legislature think the bill will pass the House
by large majority; though doubt its passage
in the Senate.
Yesterday the Senate was employed all day on
a bill TO make appropriation for the Insane Asy
lurn. That Institution wants 100000. Two
years ago it was represented to the Legislature
that 100000 would complete that Institution.
Upon that representation the Legislature granted
that sum to it. Mr. j. Il. Wilson, who was Chair
man Of the Committee on Ways and Means,
then said he was disposed to report the bill with
only $4,000, but upon the statements that
$l0O, 900 would complete the Institution, he re-
ported bill for that amount, that the building
might be ready for the relief Of the unfortunate
insane. Well, that 100000 is gone and anoth-
or asked.
Mr.. Wilson was in favor Of completing the
Asylum, while he condemned the course OF the
officers Of that Institution. He also stated that
it was only on the representations stated that the
appropriation Of last session was made, and that
upon them only. 1t is well known that during
the last campaign letter was read from Mr..
Winslow, Architect of the Institution, by Re-
pubicans on the stump, in which be stated that
some $1,000 or $4,000 would complete the
building The Democrats charged that it would
cost one or two hundred thousand dollars to