Weekly Council Bluffs bugle. (Council Bluffs, Iowa) 1857-1860, 1860-02-15

s8Is - nzA6s n waisd She epsT genFAgs
On sash salaa did NOS amouat 70 inoE
tssm @3 900 per annnm for she Ragists
and RecaiveF, and where sEsh was d
case sveFy eeat received for Ioeasin
laad warrants had 10 be paad into th
TgeAaury. Undsr these circumstances
neA.A dollar received as any og sAase 81
foes under shs act Of 1855, could Il sh
eonsaPueaion pat by tho Government Hr
on that secslon be correct, have bse
treated as ssa compensation FOG saFvi
sas Ii was palpable mis-use 0
terms Tor Congress 70 declare that ca
efssess shoaid receive the fees charge,
10 sAn holders Of land warrants F'fo
their seryleesgn IL IN fact ID vas iatspd
81 that the whsls o. . greater part d
then should BE paid as revenue Into th,
TssasaFT. IL, howessr, is was insenda,
thai the af6esEs sheRid retain the fees
it vas stEiesly aoeurats and proper q
say thai they should charge aud receiv,
them AZ aeompenaasioun ssfeE theil
asrviees.n Wears beund 70 suppes,
thai iAaguAgs Is saapleyed By Congrss.
In snaos.ng Laws, With stFies regard e
accuracy and prapristy. It is no answer
% this visNs 20 say fgsas part Of tAa
maasy Tassivsd aos fssa weaIa III GER
eaSn sansansnaoy be appropriated undal
che confirmation Of the Govegnment, bJ
the ofkcsrs "for their servIees.o ThsJ
were entitled, Ender she act Of 1918, ia
one per oentum upon ali eash Gales, an
til he amoant Hsached %, 900 per an
nun. Yet, what would have been szId
OF ths use Of Language BY our law -giyers
IL, because the Register and RsceiveE
were authorised TO appropriate $5, ,000
per snaam eat Of money received on cas-
Gales, il had bsen provided that thess
eEacegs shonld be sssevegaily'' sfaathor.
ed 20 charge and receive" f'foF their
ssYvicas" ohs dollar and twenty Ave
cents per acre for all lands sold By them
for cast =
Further, the Register and Receiver
are. by said 6th see, to ''churge and re-
eeiveS the sfsAme compensation or pr
eentageS 70 which they are entitled by
law, on caAh saies. Il il evident thi ii
the words "ecmpsuaation," and 'sper
Oentage,n % are synonymous here. Il Is
not S'eom pensation" and sspsr eentags, -
bat compensation Or per centage. We
mAy therefore read the provision as IL
the word sfpeF eentagsS alone were use d;
and since Is is zdmittei by ali that it
vas the Intention Of Congress in the 9th
section Of the act of 1855, TO tx the per
eentags TO be ohargei, by reference. to
the aet Of 1918, Is is fair to conclude,
that 'speE eentsgs" is the proper werd
in Shis connection. 1t would therefore
appear by the express terms Of the 9th
Eee,, that iE was che intention Of Con-
gress to tx the per eentage to be eharg-
ed rather than the amount to be retain
ed, by reference to existing laws. And
the conclusion that it was the intention
to fx the per eentage to be charged and
nothing more, is Strengthened BY the
fact that there iB not q word ia the 9th
seeti on having the least allusion 10 any
limit As to the amount 80 be retained BY
the officers for their services. In other
words, il seems 20 me that the 9th sec.
does, in express terms, fx the per cent
age to be charged by reference to Ihs
act Of 1918, whilst Is IS quite silent as
to the amount which she officers may ap-
propEiase Fcr their services.
1t is not, says Vattel, admrssible to
resort to Interpretation were language
lie 30 explicit as 10 leave no leom for
construction. We ewill, however, sup
pose that the 9th sec. Of The act uf J S55
is not withIn the prineip pie laid dowp bH
this author; that On the contrary, is
SO ambiguous rs to require q resort to
the rules Of construction. And here be
6rss-thing that occurs to as is to eonsid-
eF the 9th section as il stands, in Pari
maseria With other provisions. Take
for instance, the ID and Sd sections Of
the sSs of 1882. They are in these
words:
ssSec. I'd. That the Register and Re-
eeivsr Of the Land Ofice shall be here
affsr ssveEally authorized to charge and
receive for their services 10 locating all
military bounty land warrants, Issued
since the llth day Of February, letT,
tbs same compensation or per cenEage
to Which they are entitled By Law, for
sales Of the public lands for cash at the
rate Of one dollar and twenty fTe cents
per acre the said compensation to be
heaeafseT paid BY tie assiguees or hold
eFs Of said warraBta.
s'sec- Sd. That the Registers or Re-
ceivsFs, whether Ia or cut Of once al the
passage Of this act, OF their legal rep
resentatiEss, in case of death, shall Be
entitled to receive from she Treasury OF
the United States for services heretofore
performed In locating military bounty
land warrants, the same rate of compeR-
sRtion provided in the the preceding Sec
sion, for services hereafter TO be per-
formed, after dsduoting the amount al
ready received ity such officers, under an
act entitled "a act 20 require the held
era Of military land warrants 90 e1sm-
pens&ts the land ofhcers Of the Uniasd
States for services in relasion to the To-
sStion Of these W&EraAGs approved rh1ay
iTEh, l84S, Provided, sbas no Register
or Receiver shall receive any sompensa-
tisn out og tbs Treasury for past ssryi-
ces who has charged and received HE
gal fees for the location Of said var
rants, and Provided further, that no
Register or Receiver shall receive for
his services daring any one year & great
er compensation than the 3aximum nov
allowed by law" s....
Nov il is clear to my mind that the
second provision TO che third section,
applies TO that section only, and that il
cannot Big construction be exasndsd "a
the second section. l shall In another
part Of this opinion give my views Of
this proYiao, showing that il was insert
ed 70 guard the Treasury sgainst any
claims above the maximum axed by the
act IL 1918, and that it has no reference
TO the Cd Sec sf the act to which it be-
longs. Bat admitting shaE this pFovisc
is auulieabie 10 the I'd Heo., what is ths
| Legitimate inference 10 be drawn from
litY Way was IL omitted In ahs 6sh see
Of the aes Of 1852 The history Of CD,
land sales about that time will enable
as 10 anEwer ths question. When tbs
act Of 1852 was passed, the great pres
sure npon the ofhcss for the location eI
land wsyFanta had nos oommsneed. Tn
sxpeuse, labor aad Esspoasi bility in,
| volvsd Ii the operations OF tie land OS
Gees, wszs as yss comparatively light
Bot the rage 0f speculation ia tha pub
| lie lands reaehpd ffs heigAt in 1855, AM
| as was clearly foreseeu, The pressure up
90 slae Land oIses sonsfnaed during sha
year ana EMa years to5o-ft bsS&@ss
the numeruus elass Of persons provided
Tor IN he set og 1858, and aot embrec
ed il AAy fosneE e6t. II eensssa me
Il of thias tha mmoums az business, akpanS
ana raaremsibiitey dsyosved apon Oh
d llaa6 aAesrs, By ahs aes og 1856, 90
imsaansa. Ali ehSa Il not oxlsx 8 faatfs
| of puh5ls hfsaosy, bat sks records q