Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1860-01-20

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| identified with its failure or success thar
any other subject of legislation 1t is scarce
ly necessary, therefore, that the utmost
precaution should be observed in any hing
you may deem it your duty to do Tor tn
promotion Of this great object. and in this
sentiment I am fully persuaded that l hav'
your hearty concurrence. 1t IS all import
ant that the school laws should be consider
ed and acted upon definitely and finally al
A an early day Of the session, in order tha
they may be published and distributed II
time for the school district elections IN the
Spring. their circulation in pamphlet form
should not be- restricted to schnol officers
but should be sent broad cast among tht
people, in order that they may became fa'
miliar with their provisions. At least every
head Of Q family should be supplied with q
COPY. We have over one hundred .housanG
voters who are interested in our schoo
district meetings, and to enable them te
become familiar wi b their duties and obi
CATIONS, the school laws should be circulated
exclusively among them. r, ~, -. e.
The subject Of disseminating the Board Of
| Education has, been discussed by some OF
our public journals. While much reg e1
the unfortunate position in which we are
placed by the educational provisions of oul
Constitution. [ should seriously question
the expediency of such measure at present
The Boarl have endeavored faithfully to
perform the responsible duties imposed upr
them, but at nearly every step th,y have
been trammeled by constitution restric
tions, and hence their legislation has moi
been snch as it would have been if they / at
been clothed with full and exclusive author
| ity to enact all laws for the government anC
| support of our comm n schools.
| But it should be remembered also thai
they possess, under the Constitution, the
sole power to originate all laws exclusively
educational in their char acter.
/ The Constitution provides that the Gen.
eral Assembly shall have power to ajo ISL
| or reorganize the Board of Education at any
time after the year of 1868, and as aHothel
session of the General Assembly will trans
pire before that time anv legislation on The
subject at present would certainly be unwist
and premature, and would probably render
our whole iucatlonal system still more
complicated than before.
FIVE PER CENT FUND.
Our adm ssion into the Federal Unior
transpired in the tall of 1916. At this time
there were very few outs anding military
land warrants. A part of the compact OF
admission was, in consideration that the
government lands should not be taxed by u
the State should receive five per cent upon
the net sales of the lands within her char
tered limits Upon the cash sales we are
and have been rec living this fund but upo
all entries made with military land warrants
the five per cent is denied US upon the ground
that sue entries are mere bounties, and no,
sales. In February, l847, three or four
moHths after our admission into the Union
Congress passed an act offering one quarter
section of land to every private, musician
and nom commissioned officer WHO would
enter and serve certain given time in the
Mexican war The war closed about tile
time our best lands were being brought into
market; vast numbers of these warrants
were issued and were located in this State,
absorbing large portion OF our best lands.
AS they formed Il part of the contract of
enlistment, they could not have been with
held by the Government without an act of
bad faith: not so, however, if they were in
fact only bounties. But they were issue
in discllarge Of consideration that had
been given in the form of military services,
and their subsequent red mption in land,
constituted sale in the sense of the law as
we'll as the compact Such is the opinio n
of the best jurists in the country. | have
appealed in vain to the Secretary of the In
terror for the payment of the five per cent.
upon these warrants, that now approximate
to million If dollars. On going to Wash
ington to institute suit in the Court of
Claims, as l was directed to do by joint
resolution adopted at your last General AS
sembly, was strongly dissuaded f'"m doing
so, for the reason that it would be usele s
expenditure of money that the decision of
that G. urt settled nothing that they were
only equivalen tn report made by COM
m ttee of either House If Congress, and were
as frequently overruI ed-that the relief at
Ter all must come through Congress. Emf
nently unjust as is the 'n-payment of this
fund for the reason assigned, Iowa is not
the only party complaining. Other Western
States stand in the same category, but not
so largely implicated. they propose to
abide their time till af er the next federal
census and apportionment, which will give
the West some 8 IT 20 additlon. repre- en-
tatives My opinion is We had better do the
same thing.
The payment of this fund is not a mere
favor which We are asking, of the Genera.
Government, but subsisting legl right
which could be enfoI ced in court Of JUS ice,
were there tribunal of th 8 kind clothed
with requisite Jurisdiction.
SCHOOL FUND AND LANDS.
The agents employed to investigate the
affairs of the di differ. mt School Fund Cor mis-
sioners in tile Sta e fou many Irregular
ties and abuses in the official discharge OF
their duties, and in the counties OF Aiama-
kee, Chickasaw, Clarke, Decatur, Fayette,
Jones, Madison. Mitchell, Story and Wapeilo,
they discovered defalcations to an amount
exceeding $2J,0 900. Their reports, however,
in some instances, were not entirely Clear
and satisfactory, and probably may have
done some of the officers injustice. The law
makes it the du y Of County Judges in all
such casfs to bring the matter to the notice
of, the District Attorney for the purpose OF
instituting legal proceedings. am OF the
opinion that tile In crest of the State School
Fund would b. better sub>erved by author
izing the Auditor cf, State Or the Secretary
Of the Board OF Education (Goi Benton) t.
re investigate the accounts Of the School
Fund Commissioners in the counties men.
toned, with a view Of ascertaining with
greater certainty the real facts in each case;
this being done to clothe such officer with
full power to arrange am cably with the
defaultlng Commissioner the amount found
to be due, by allowing time and good secus
rity. If he should fail in this, then 10 sup
ply the District Attorney with such state,
men of facts that he may proceed with safety
and with less liability to involve the State In
cost. Indeed, it would be we'll to invest
some oficer with full cretionary power to
settle all such cases in the method that will,
with the least expense, protect the State
against loss. 0 f. 20 -5yy, 10 5.aa5 -ol 5cfi
l had the honor, at your last regular sess
sion, to- communicate to your respective
bodies the frauds and abuses alleged toihave
been tpracticed in Tama count y in the sale Of
the 10th section. & The law required that the
land should be offered At public sales three
different times, six months or m ore apart,
before they shall be subject to5private entry;
In January 1857 g. 200 acres were 4, ffered at