St. Charles City Republican intelligencer. [volume] (St. Charles City [Charles City], Iowa) 1857-1861, 1860-01-19
NUMBER 3.

ington, is unwilling to adjust this
grant with any other party than the
State authorities, which dcvolyes up
on the Executive greater duties than
it is possible for him to perform with
his other official labors. The exami-
nation and correction as they are for
warded, which is only done by Land
Districts, the division of these lists i'll
to counties, and transmitting to such
counties those which are to be patent
cd, and those which have been enter.
ed by cash, and those which have
been located by land warrants, in sep
aratc lists, that the requisite proof
may be taken in regard to their char.
acter-and supplying the counties or
other agents with all needful informa-
tion they may require concerning the
manner Of conducting the proof--ex.
aiming and correcting these proofs,
when taken, before they are transmit
ted to Washington for approval, will
require more labor than one individu-
al can bcstow, should he give his en-
tire time. Hence felt it my duty to
employ j. B. Stewart, Esq, of Des
Moines, a special agent to assist in
these labors. But am now satisfied
that although the Register of the State
Land Office and his deputy have al
ready as heavy duties as they can
we'll perform, this swamp land busi-
ness should be transacted in his Office
under the general supervision of the
Governor, and that the Register should
be authorized to employ one or more
competent persons, as the necessities
of the case may require, whose time
and labor should be given exclusively
to this branch of the public service,
and whatever amount the State should
be required to pay the agent or agents
thus employed could and ought to be
refunded to the treasury out of the
moneys obtained from the General
Government for swamp lands sold,
This would hasten the final close and
settlement of this troublesome busi-
ness, which is very much desired by
the counties interested, and the COM
mencemcnt of which thus fairly made,
has cost the Executive Department of
the State unremitting labor and atten,
ton.
There is, however, another obstacle
to the carly completion of this service
, which | should not omit to mention.
The four land grant railroads in this
State claim the right to impeach the
swamp land selections so far as they
{ conflicted with their grant, notwith-
/ standing near three years ago, these
selections, whether their real charac-
q ter were swamp or dry, were by
!, special act of Congress confirmed to
/ the State. This right, upon applica-
! tion, was conceded to these compa-
! MES by the Commissioner of the Gen
! eral Land Office, with the consent Of
, the Secretary of the Interior, without
giving the State a hearing upon the
question. Hence tho swamp land Sc
lections found upon odd sections, fall
ing within the description and limits
of the railroad, (bcing fifteen miles on
either side of each line, have not been
with other swamp lands certified to
the State.
+ On being informed of these facts,
: | proceeded to Washington and made
p an earnest appeal to the Secretary of
the Interior for a reversal of this de-
+ cision, for reasons which were named,
but he declined to do SO, yet express
), ed Willingness to require the railroad
companies to designate at once the
, tracts claimed to be dry, aud to SUBJ
, nit proof that should at least be equl-
, valeut to the evidence furnished that
/ they have swamp lands, otherwise
!, they should be certified to the state,
y and to this effect did he instruct tho
p Commissioner. Still have heard of no
such designations the lands still re-
= main uncertifed to the State. | have
,rI been unable to learn from the com,
: missioner what course he intends to
:, pursue in reference to the instruction
! of the Secretary of the Interior. And
;, the question recurs, where is this mat,
f ter to end If the contest goes on, it
,f must necessarily be protracted and
q expensive to the people of tho coun,
q ties, while it will prove in the end det,
% rimental to the railroad companies
g themselves. 1t is obviously their in
: terest to propitiate the favor rather
e than provoke the hostility of the peo-
!, pie, in pushing forward their several
! enterprises. The counties deeply feel
the want of railroads, and many Of
/ them would be willing to give or sub.
, scribe their swamp lands to so desira-
). bic an object, but they are not thus
; willing to be deprived Of them without
y their consent, or subjected to the 9th,
n er alternative of proving them up
2 second time at great cost and trouble,
4 The railroad grants were made to the
- state in trust for certain railroad COM
:, panies. The state, as read the act,
, has already made a declaration Of
> this trust in favor of the companies
a in question, subject, however, to the
. conditions and restrictions contained
:. in the act Of Congress granting them.
, One of these conditions is, that tho
/ lands shall only be sold as the con,
q struction of the roads progress, that is.
!. after one hundred and twenty sections
: have been sold, another like quantity
!. shall not be sold until the Governor
y of the State shall certify to the Sec,
: retary of the Interior that twenty con.
: tinuous miles of said road have been
h completed. Now, in order to put an
q end to the unhappy controversy which
= has been the source of SO mach com,
!, nlaint to the state, cannot but feel
! that it is my duty to recommend the
y y adoption of joint resolution by your
~ bodies instructing the Governor to
! sign no more certificates of the des.
:; cription spoken of, to apy Of said com,
:, panies, until they shall file in his Office
q a written REIMBURSEMENT Of their sup,
posed right to contest the swamp land
, selections that may fall within the
limits Of their grants, and consent
on their para that the commissioner OF
the General Land Office may proceed
/, to patent them to the state as other
, swamp lands, &c.