The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1860-01-14

tanning proper description Of the Same was
duly rakMrnea and - arrangement Vas nlAdc
! With ~ Commissions Of g. Ge4eral Lard On
IN Ace. u the bet that Ne residue of this ex<es
III (alSf5 acres) should BE- con1fme& to the Nate
u ai6d that fro her rer .cSt1t fed m aneurtl
slouId be rc1Ein&A u Icient 10 ~ for the &mc,
1t Sl.H5 per acre, being e10,9S1. This adjust
ment il i favorable one 70 the State, and it y
hoped that you will ratify il by the passing OF an
act that 80 much Of the five per cent fund may
be retained by the General Government, ~ shall
be necessary to carry out the settlement 10 made,
and that the title of the 8, 745 may vest IN
the State; it will also be necessary for Congress
70 pass All act confirming this settlement for the
Reconsideration named, to which the attention Of
onr Representatives should be immediately cali
ed.
Il DEs MONIES RIVER GRANT AND IMPROVEMENT.
For years this grant has been held to extend to
the sources of the river. Recently the Govern
ment authorities have decided that it il limited
IN its extent to the Raccoon Forks, and refuse to
certify any more lands to the State north of this
point. The Hon. Charles Mason was appointed
IL Commissioner by the last General Assembly to
procure, If possible, the residue Of this grant to
be certified to the State. For this purpose he
Immediately repaired to Washington, and not
obtaining satisfactory decision from the Sec
rotary Of the Interior, appealed to the President
who referred the subject to the Attorney Gen
eral, whose opinion was adverse to the State, and
thereupon had recourse to the Judiciary. A
suit in the name of Il. G. Littlefcd Esq, against
the Dubuque d Pacific Railroad Company, was
instituted in the District Court Of the United
States and judgment obtained in favor OF the
plaintiff for tract of land embraced in this
grant near Fort Dodge, derived from the State.
An appeal to the Supreme Court Of the United
States was Immediately taken, has already been
submitted to that tribunal upon printed argu-
ment, with assurances from the Court Of an
early decision, which the State confidently ex-
poets will he a favorable one ~ ii il impossible
| to conceive now the Government is to avoid the
legal effect of her repeated admissions that our
i title extended to the source Of the river Too
| much praise cannot be awarded to Judge Mason
for the able and interchangeable manner in which
he has addressed himself to the object of his
commission. The settlement made at its last
session by the Legislature with the Dcs Moines
Navigation Il Railroad Company has been duly
carried out according TO the terms expressed
part Of the details Of which will be found Ia the
/ Report of the Commissioner, E. Manning ESQ
1t viii be remembered that the River Improve
ment was abandoned, except the completion OF
| four DAMS the state and condition of which, will
be found in the Reports of the present Commits
sioner, VIM. G. Drake, and the Chief Engineer,
/ Ia.
is respectfully called.
If these four dams should be completed they
will still be the sources of constant annoyance
and expense to the State, and it il clear to my
mind that 1t would be the part Of wisdom to do
at once what in the end will have to be done, and
that is, to transfer these dams, with all their
privileges, TO any responsible party or parties (if
such can be found who would undertake to com
plete and keep the same in repair. The dams,
| ,1nfnI IL. u
sponsible bidder, &c. @
Justice to a large number of individuals, de-
mands that should bring TO your attention
another subject connected with this grant The
agents employed by the State to select the 50O,-
600 acre grant, among others, selected 12,9l3,5l
acres of land, chiefly in Webster county, be-
longing to the river grant, which selection, with
Others, was approved Feb. goth, 1851
Col Benton at that time State Superintendent.
with his usual caution and prudence, before or
dering these lands into market, addressed 4 let
ter Of enquiry to the Commissioner or the Gen
eral Land Office, whether any of the selections
in question conficted with the Des Moines River
grant This was in March, 1868. Receiving d
negative answer on the 9th of June of the same
year, he ordered the lands into market In jan
uary thereafter, he received another letter from
the Commissioner, to the effect that the approval
of the selection of these 1913 acres had been
Des Moines River grant.
In the meantime, the School Fund Con,inis-
sioner OF Webster county, under the order OF
sale, disposed Of some 1859 acres of this land
IT. sale to actual settlers, who have improved and
still occupy the same. Since then the State.
Hndar her contract for the improvement Of the |
Des MONIES River, has conveyed bY deed these |
same lands to the Des Moines River COMPANY |
Who now hold the legal title Iii this condi- /
% w Il IN haf IF fba
tiers IL Is true, perhaps, under the occupying |
claimant law, they may get the value of their
improvement. But is this the measure of Justice /
that should be meted cut to them They were
purchasers in good faith, and although their mis-
fortunes are the result of the lactos of Federal
officers, rather than that Of the State vet simple
justice demands, under the circumstances. that
the State should at least do all it could to have
these lands confirmed to them. This can now
only be done by negotiation
! would respectfully suggest, where any Of |
these parties are unwilling to take reasonable
compensation for their improvements and snren-
der the land, that if they will pay to the De-
Mones Navigation and Railroad Company the
price Tor which the State sells other school lands
lhat then the State will make up the residue Of
the purchase money to said Company either in
cash or land; provided the purchase can BIZ I
made OF said Company on just and reasonable
terms. In
A special agent might be commissioned 10 | {
Meet the negotiations this basis properly re-
'tricted in his powers \
Al all events the whole subject il submitted TO I
sour better wisdom, earnestly expressing the !
rope that it will not be overlooked i
SWAMP LANDS i
The grant of these lands for purposes named t
u the act, has been the source of much trouble i
Q the State and yeSation tn the people Of the Il
Counties who were intended to be made by an Il
ct Of the Legislature, the recipients of the d
anne. Alter large quantities Of these lands had u
'een accepted agreeable to the rules prescribed y
y the proper department. and approved By the I.
Of the General Land Office az O
uch, they were permitted u be entered or loca- I,
ed with land warrants at the Government Land a
,iiices upon bare representation that they were
~ lands. A remonstrance from the State il
sanst 50 unjust proceeding, resulted in the a
usage of an act by Congress confirming to the NJ
tate the swamp land selections az they had been d
lade. q,
Before this, however, Congress had, BY an act N
assed Tor that purpose recognized and con |
r1ned the title Of purchasers and loeators os r
lcii tracts as had been selected as swamp or Al
yeihowed lands but made provision at the time. al
lat upon due proof by the authorized agent of II
ne State, before the Commissioner Of the Cen m
fa Land Office that any Of the lands purchasea ii,
ere swamp lands within the true intent and c,
eahlaS oi thc act aforesaid, the purchase mo- to
cy snail be paid over to the State and when the m
nds have been located by warrant or scrip. the nj
tate should be authorized to locate d quantity
like amount, &c. ~
The General Assembly, its last session, made It
appropriation Of $4,000 to deflay the ex- "
aises OF selecting the swamp and overhowed VI
nds in twelve counties then unorganized, and ID
'e sending OF an agent to Washington to settle in
e prelminares OF the proofrequired under the OF
! o. Congress alluded to as well a. some other b.
sen questions in relation to the manner Of list NJ
z and patenting these lands ia the State ac
nc hon. James Thorington was commissioned &C
tins purpose, and an adjustment was effected de
lder which the Genera! Government has, up to si'
y date, certified or stedto the State 5o7. Sill tn
acres. The report Of the State Register will b,
low IN what counties these lands are located pr
ie lists have been examined, corrected and an
owed and patents requested to be issued to the d
ate for the same, which il now in process of 10
'ing done. 6l,Sl2,43 acres OF the above an
Mount, embraced within the Fort Des Moines dc