Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1860-01-14

Education he's been discussed by some Of !
pur public journals. While much regret
the unfortunate position in whieh 10 are
placed by the educational provisions q our
I shsnld seriously question
the expediency OF such measuse Of pree-
ent. The Board have endeay0ro4 faieoaul.
ly to perform the responsible duties imposed
upon them, but at nearly every step, they
have been trammeled by constitutional re-
and hence their legislation hes
not been such rs it would have been il they
had been clothed with full and exclusive
authority to enact all laws for the govern.
ment and support Of our common schools.
But il should be remembered also that
they possess, under the Constitution, the
sole power to originate al laws exclusively
educational in their character.
The constitution provides that the Gene
raj Assembly shall have power to abolish or
reorganixe the Board OF Education 1t any
time after tue year 1863, and - another
session Of the General Assembly will trans
pire before that time, any legislation on the
subject At present would certainly be un-
wise and premature, and would probably
render our whole educational system still
more complicated than before.
FIVE PER CENT FUND.
Our admission into the Federal Union
transpired in the fall Of 1876. At this time
there were very few outstanding military
land warrants. part Of the compact Of
admission was, that in consideration the
government lands should not he taxed by
us, the State should receive five per, cent
upon the net sales Of the lands within her
chartered limits. Upon the cash sales we
are and have been receiving this fund; but
upon all entries made with military land
warrants, the five per cent is denied US upon
the ground that such entries are mere boun-
ties, and not sales. In February, l847,
three or four months after our admission
into the Union, Congress passed IN act Of
tering one quarter section of land to every
private, musician, and non-commissioned
officer who would enter and serve . given
period in the Mexican war. This war clos
cd about the time that our best lands were
being brought into market; vast numbers
Of these warrants were issued and were
located in this State, absorbing large pro-
portion Of our best lands. As they formed
q part Of the contract Of enlistment, they
could not have been withheld by the gov
eminent without an act Of bad faith, not SO
however If they were in fact only bOunties.
But they were issued in discharge Of con-
sderation that had been given in the form
OF military services, and their subsequent
redemption in land, constituted q sale in the
sense Of the law as well As the compact.
Such is the opinion Of the best jurists in the
country. have appealed in vain to the
Secretary Of the Interior for the payment
Of the five per cent on these warrants, that
| now approximates to q million Of dollars.
On going to Washington to institute suit
in the Court Of Claims, as was directed to
do by . joint resolution adopted at your last
General Assembly, was strongly dissuaded
from doing SO, for the reason that it would
be useless expenditure Of money-th4t
the decisions Of that Court settled nothing
that they were only equivalent to re.
port made by Committee Of either House
Of Congress, and were as frequently over
rulcd-that the relief after all must come
through Congress. Emincntly unjust Is il
the non payment OF this fund for the rca-
sons assigned, Iowa is not the only party
complaining. Other Western States stand
in the same category, but not so largely IN.
plicated. They propose to abide their time
till after the next federal census and appor-
tionment, which will give the West some lS
or 20 additional Representatives. My opin-
ion is that VIC had better do the same thing.
| The payment Of this fund is not mere
favor which we arc asking OF the General
Government, but a subsisting legal right
which could be enforced in Court of JUS
ticc, was there tribunal of this kind cloth
ed with the requisite jurisdiction.
SCHOOL FUND AND LANDS.
The agents employed to investigate the
affairs of the different School Fund Com
missioners in the State, found many irregu-
larities and abuses in tho official discharge
Of their duties, and in the counties Of Ala
makee, Chickasaw, Clarke, Decatur, Fay
cite, Jones, Madison, Mitchell, Story and
WaPcllo, they discovered deialcatiOns to an
amount exceeding $50, 600. Their reports
however, in some instances, were not entire
ly clear and satisfactory, and probably may
have done some of the officers injustice
The law makes it the duty Of the County
Judges in all such cases to bring the matter
to the notice Of the District Attorney for
the purpose Of instituting legal proceedings
| am Of the opinion that the interest Of the
State School Fund would be better subserv-
cd by auth 1riZing the Auditor of State or
the Secretary Of the Board Of Education
(Col. Bcnton,) to rc-investigate the accounts
of the School Fund Commissioners in the
counties mentioned, with view Of ascer-
tanning with greater certainty the real facts
in each case; this being done to clothc such
officer with full power to arrange amicably
with the defaulting Commissioner the
amount found to be due, by allowing time
and good security. II be should fail in this,
then to supply the District Attorney with
such statement Of facts, that he may pro-
coed with safety, and with less liability to
involve the State in cost. Indeed it would
be we'll to invest some officer with full dis
cretionary power to settle all such cases in
tue method that will with the least expense.
protect the State against loss.
had the honor, at your last regular ses-
sion, to communicate to your respective
bodies, the frauds and abuses alleged to have
been practiced in Tama county in the sale Of
the 10th section. The law required that
the land should be offered 1t public sales
three different times, six months or more
apart, before they shall be subject to private
entry. In January, 1857, $500 acres were
offered ut public sale in said county, (being
the first and only time they were SO Offer
ed) and run up to high figure BY fictitious
bidders, Is the charge was made, to prevent
actual settlers from becoming purchasers.
After the sale these bidders privately for
feited their bids-after which the parties
Tor whom they acted, purchased the same at
private entry ct the appraised value thereof.
If this was true, the sale was fraud upon
q well a. clear violation u the law, and
consequently void, and | 80 directed the