The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1861-01-15
GOVERNORS MESSAGE.
GooNcLupEp FROM LAST WEEK.

Congress granting these lands to the State inn
posed upon her the obligation of applying the
proceeds thereof, so FAR as is necessary, to the
purpose OF retaining them, and the State, in
accepting the grant, pledged her faith that
they should be exclusively appropriated to that
purpose. In my judgment, no better use
could be made OF these lands than to apply
the whole Of them in the building Of the roads
and bridges, and draining out the large
swamps, so as TO make the counties wherein
they are located accessible to settlement.
Of what use to us are these lands in their
present wild, uncultivated statei II is peo.
pie that We want, not land. The true way to
induce emigration into our unsettled counties
is to open roads, build bridges, and drain tho
swamps. Over five million acres of these
swamp lands arc yet undisposed Of.
The Legislature of 1859, upon my recon-
mendation, passed a law giving TO the poor
man forty acres Of these lands, upon condi-
tion of his occupying and recaiming it,
Over seventeen hundred poor men, who per
haps never before had home of their owr,
have availed themselves of its provisions, and
are now clearing up and reclaiming the will.
derness. The act Of 1850 appropriated fIom
the proceeds Of the Swamp lands thereafter
to accrue, one hundred and twenty, five thou
sand dollars, or one hundred thousand acres
Of lands, for the benefit of the organized coun-
ties in the Lower Peninsula, to be expended
in draining and reclaimng the State Swamp
Lands, and placed tho same at the disposal Of
the Board Of State Officers, to be by them ap
piled to that purpose, under such rules al!
regulations as they might prescrbs. Under
this provision Of the law the Board have Let
three contracts for draining certain swamps-
two in Sanilac and one in Bay county. The
time for CO pleting the work has not yet ex.
pired. 1t is believed that these bitches, when
completed, will reclaim and bring into market
swamp land enough to more than defray the
expense of drainage. The aggregate length
ofthese bitches is twenty five miles, and their
capacity is twelve feet brc ad and four feet
deep, and the aggregate expense, when com
pleted, will be forty thousand doliars-threc
thousand two hundred dollars to be paid in
money, and the balance in swamp land at
its minimum price. Those contracts arc on
file in the office of Secretary Of State. One
mile Of the ditch in Bay county, and four
miles Of one Of the bitches in Sauac, have
already BEEN completed.
The act disrcsiug Of certain grants Of land
made to the State for Railroad purposes by
act Of Congress, approved June 2d, 1856, de-
mands yonr consi leration. This act, nfter
granting the lands to certain Railroad Com
panies, crrats Board Of control, "whoso duty
it shall be 10 manage ald dispose Of such
lands, in aid of the construction of the afore-
said Railroads, in the manner in this act pro-
vided, and to DO any and all other acts ncces
sary and proper, respecting the construction
and hnilling Of said Railroads." The elev-
en'h section Of the act is as follows
"Shoud either Of said Railroad Companies
fail to accept said lanls on tho terms of this
act within sixty DAYS, or fail TO make tho sur.
vcy and maps by the first of December next,
or fail to construct its entire line Of road, or
any part thereof in the time and manner re
quired, in such case said Board of Control
shall have the power, and it is hereby made
their duty, to declare said lands, so far as they
have not been sold-forfeiLed 10 the State :
and said Board Of Control are hereby rcquir-
cd to confer said lands upon some otlor com
petent party, under tho general regulations
and restriction Of this act" No portion Of
the law attempts TO point ont the mode and
manner by which this section can be enforced.
The second section Of tho sct by its terms,
disposes Of grants 10, confcrs npon and rests
an. the different Railroad Companies therein
named, the fee Of these lands.
1t would seem 10 me that il moro properly
belongs 10 the Judiciary, 10 determine this
question of forfeiture. Suppose a disputed
question of fact should arise between this
ard and one Of tho companies. How is
this to be settled9 Where is the power 10 sub
pnna and coerce the attendance of witnesses !
Can the Board act judically, and hear, try,
and determine the matter? 1t was for the in
terest Of the State that these railroad compa-
nies, so long as they continued at work, should
not be disturbed in tho completion Of the
roads; and any attempt on the part Of the
Board to declare their rights to these lands
forfeited, would have been most disastrous TO
the best interests of the State; as the effect
would have been to stop all further prosecu
ton of the work. until this question Of for.
feiture could be iuAicially settled. Entertain
ing as did, doubts Of the constitu:Ionalty
OF the eleventh section Of said act, and iuas
much rs no other competent party sought TO
have said lands forfeited to the State and con
ferred upon him "under the general regula
tions and restrictions of the act" | rcfIalned
from convening the Board, and no action has
thus far been taken under said section. Upon
the third day Of September last past the Flint
and Perc Marquette Railway Company noti-
fed me that twenty continuous miles of its
road were completed, and requested me to ex.
anime the same and give the Company the
certificate contemplated by the seventh Sec
tion Of the act Before examining the road
1 submitted to the Attorney General, for his
official opinion, tho question whether | had
the authority TO make the certificate contem-
plated bv tie seventh section Of said act, with
out first being satisfied that the twenty miles
of road had been completed pi to the first
day Of December, 1859. His opinion (copy
Of which l herewith snbmitted) concurred
with my views upon the subject, and was to
the effect that ] had the authority. Upon
the fifth day Of Sci tember, 1860, examined
the road and fonud that twenty continuous
miles thereof, from East Saginaw towards
the City Of Flint, were completed, in the man.
ner designated by the act, and / gave to the
Compony the proper certificate. Subsequent.
ly,and upon the 2Sth day Of December, | $50,