Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1860-01-20
VOL. XI-NO. 49,.

ancs Of the law.5 It quite oompetent for
you to do otherwise, and, in view ofIthe
altered condition of things in the State, the
all Of property, So, ! would now recom-
mend the passage Of q law that should legal.
| ize these sales, and vest in the several pur'
chasers the legal title to the lands in ques-
tion, with the privilege, however, tossuch a.
desire it, to surrender back the land T., tho
Cpunty Judge, upon being reimbursed the
money paid, with interest. 10 This option
should be given, for the reason that the sale
had been declared void by me, and some OF
the parties may have made other arrange
ments, Such u disposition Of this difficulty
would obviate the, expense and yexation of
law suits, and at the same time under all
the circumstances, further the interests of
the School Fsnd- I6sIeaet fa.rg z ast
! r,or,an q, 100000 ACRE GRANT. n.osew
p, In the selection Of these lands, the agents
! employed returned an excess Of 22,660. O3
asres, which by some mistake was approved
and entered upon the tract books both in the
General Land Office at Washington and upon
our own books in the Registers Office.
| | was urged, AID learned my predecessors
had been, to return back to the Government
the list Of lands to be taken from the origi-
nal selections properly described, that should
be equal > to this excess. Upon very dull
inquiry, found that this could not be done
without interfering with the rights of limo.
cent purchasers, that the entire grant inclu-
| ding part If shis excess, had already been
sold, leaving about 13,9l8.25 acres undis-
posed Of. Perceiving No god reason why
this last amount should not be given back,
list containing, Q proper dissertation of tho
same was duly retu ned, and an arrange
ment was made with the Commissioners of
the General Land Office, TO the effect that
the fesidue of this excess (S,745) should be
confirmed t. the State and that from her
per cent fund an amount should be retained
sufficient to pay for the same, at ST., ,25 per
acre, being Sl0,93l. This adjustment is a
favorable one to the State, and it is hoped
that you will Iatify it by the passing OF an
act that so much Of the five per cent fund
may be re elained by the General Go ,ernment
as shall be necessary to carry out the settle
ment so made, and that the the title Of the
8,745 acres may vest in the State; it will
SO be necessary for Congress 70 pass m act
confirming thi, settlement for the consider
alton nam ed, to which The attention OF our
Repres sentatives should be Immediately
cal ed.
DEsMoINEs RIVER GRANT AND IMPROVEMENT.
For years this grant has been held to ex-
tend to the source of the river. Recently the
Government authorities have decided that it
is 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 a 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 re-
paired to Washington, and not obtaining a
satisfactory decision from the Secretary of
the Interior, appealed to the President, who
referred the subject to the Attorney General;
| whose opinion was adverse to the State, and
thereupon recourse was had to the Judiciary.
A suit, in the name of E. CLittlefeld, Esq,
against the Dubuque and Pacific Railroad
| Company was instituted in the District Court
of the United States, and judgment obtained
in favor of the plaintiff for a tract of land em-
braced in this grant near Fort Dodge, depriv-
ed from this State. An appeal to the Su-
preme Court ofthe United states wasimme-
diately taken, has already been submitted to
that tribunal upon printed arguments, with
assurances from the Court of an early decision
which the State confidently expects will be
favorable one, as it is impossible to conceive
how the Government is to avoid the legal eff
feet of her repeated admissions that our title
extended to the source of the river. Too
much praise cannot be awarded to Judge Ma
son for the able and indefatigable 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
Desmoines Navigation and Railroad Company
has been duly carried out according to the
terms expressed, part of the details of
which will be found in the report of the COM
missioner, E. Manning, Esq. 1t will be re-
membered that the river improvement was
abandoned, except the completion of four
dams, the state and condition of which will
be found in the report of the present commits
sioner, VIM. G. Drake, and the Chief Engi-
neer, S. Dwight Eaton, Esq, to which your
attention is respectfully called.
If these four dams should be completed,
they will still be the source of constant an
noyance and expense to the State, and it is
clear to my mind that it would be the part of
wisdom to do at once what in the end will
have to be done, and that is, to transfer those
dams, with all their privileges to any respon-
sible party or parties, (if such can be found)
who would undertake to complete and keep
the same in repair. The dams completed,
might be disposed of to the highest response
bic bidder, &c.
Justice t. a large number of individuals
demands that should bring to your atten-
ton another subject connected with this
grant. The agents employed by the State to
select the 900 acre grant, among others
selected 1913 81 acres of land, chiefly in
Webster county, belonging to the river grant
which selections, with others, was approved
February Goth, 1851. .
Col. Benton, at that time State Superinten-
nvl
before ordering these lands into market, ad--
dressed letter Of inquiry to the commission.
er of the General Land Office, whether any
of the selections in question conhicted with
the Desmoines River grant This was in
March, 1853. Receiving a negative answer
on the 9th of June, of the same year, he Or
dered the lands into market In January
thereafter he received another letter from the
commissioners to the effect that the approval
of the selection of these IL, ,813 acres had
been revoked and confirmed to the State un.
der the Desmoines River grant,
In the meantime. the School Fund Com
missioner Of Webster county, under the
order Of sale, disposed Of some 4, 1859 acres
If this land by sale to actual settlers, who
have improved and still occu' the same.
Since then the Sra,e, under her contract for
the improvement of The Des MOines river,
has conveyed by deed these same lands ty
the Des Moincs River Company, who ny"
hold the legal title. In this conditio/of
things what is to become of these seyerss
1t is true, perhaps, under the oe>dpying
claimant law, they muy get the,vaiue OF
their Improvement. But is this tSe measure
of Justice that should be meted out to them!'
they we're purchasers in good faith, and
although their misfortunes are the result OF
the ..Iaches' of Federal officers, rntheri than
that of the State. yet simple Justice
demands, under the circumstances, that theI
Ssase should at hest do all itcould to have,
these. lands confrmel to them. This cam
now only be done by snegotiatio on. :at bac9es
| ,vorld raSnectflliv snoUpat Whnrn aYvy