The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1862-01-23

ny to cxteld only to the forks of the river
ii, Dcsmoincs City; by another to extend
to the source of the river in Minnesota, and
by another to extend onl to the North
boundary Of the State. One or more OF
the Secretaries certified to the State as part
OF this Grant large bodies of land lying
above the forks Of the river within the
limits of this State, and the state suisse
qucntly sold and conveyed many Of these
lands to individuals. Afterwards the State
contracted with the Dcsmoines Navigation
and Railroad Company to prosecute the
work Of improving the Desmoines Bivcr,
agreeing to convey to said Company the
title Of the State to portions of the lands
so certified to the State for that purpose,
as rapidly as the work progressed. Under
tins arrangement the title "f the State to
many OF these lands was conveyed to the
Dcsmoines Navig cation aud Railroad Com.
pany. Subsequently by settlement with
the Desmones Navigation and Railroad
Company the State conveyed to said Com
pany the title of the State to the remainder
of the lands which had been certified TO the
State by the Secretary of the Interior, and
at the same time conveyed to the keokuk
IT. Dcsmoncs and Minnesota Railroad
Company it's title to all the lands Of said
grant which had not been certified to the
State by the Secretary OF the Interior, cX-
ccpt fifty thousand acres reserved for Ger
tain purposes. The Dcsmoincs Navi gati"n
and Railroad Company have conveyed to
individuals large bodies of the lands thus
conveyed to them. The lands of three Of
/ the Land Grant Railroads (the Dubuque !
and Sioux City, the Cedar Rapids ~ Mis-
souri,, and the Mississippi and Missouri,
cross the Dtsmoiucs river above its forks,
and hence arises conflict between these
companies and their grantees. and The grant
ces of the State who hold portions Of those
lands as part of the original Desmoincs
River Grant These Railroad Companies
claim that the Dcsmoines River Grant
never realIy extended above The forks of
the river at DeSmoines, and that consc-
quently all conveyanccs made by the
State of lands above that point, as DeS-
moincs River Grant Lands, are invalid.
and that by virtue of the Railroad Land
Grants they acquired title to all such
lands lying within the limits OF their re-
spectve grants.
The State having only conveyed what
title it had to these lands may not be
legally liable to make good any loss that
may result to others from failure of that
title, but certainly is morally bound, at
the least. to do what may be reasonably
and fairly done to protect the rights and
interests of those threatened with such loss
When the State granted to the Railroad
the lands granted to the State
by Congress for railroad purposes, it was
not contemplated by the parties, certainly
it was not contemplated by the State, that
II was granting to these companies lands
previously conveyed by the State to others.
and if, since the making of these grants,
the companies who are to receive the ben
eft Of them have discovered that BY strict
Il gal construction hey are entitled to more
than "as contemplated either by them
selves or by the State. and are disposed to
enforce strictly their legal rights, to the in
jury ofnnocent purchasers from the State;
the State may. aud thinl: should, hold s
these companies in all things to stict
'"np'iancr with the terms OF the grants
made to them. If these companies are
low m default, and ask the indu gcncc and I,
'lenency of the State, it seems to me the I
State may, very properly. before extend
ng such indulgence and clcmency, enquire
md know what indulgence and cle,nency
hcsc companies will extend to the unfor-
;enate holders Of these lands, and make
or the one with the other such terms and
as may be equitable and just to
III.
In selecting the lands for the five hun
tired thousand acre grant, SO called. by
omc mistake theagents OF the State select
d and the officers Of the General Govern
nent certified to the State several th"us-
nd acres more than were covered 10y the
crms Of the grant. This mistake being
discovered, application was made to my
immediate predecessor by the Commits
ioncr of the L. $. General Land Othce I"
e convey to the United States this excess
# land. Upon examination it was found
hat part of the land had been already sold
md conveyed by the State, $" that all
.ould not be re conveyed. Under these
it was agreed between 'oF.
owe and the Commissioner OF the iehe-
"a! Land Office that the unsold portion OF
his excess Of land should be re-c"nvcyed,
,rd that thc United States should retain OF
'he ) per cent. fund coming to Tins State
enough to pay for such of said lands AS
could not be rc-conveycd by reason OF their
sal, at the rate of 81 - per acre. ont"r-
at the time this agreement was
made, the then uns"ld portion OF the land
was not Withdrawn from market and since
then Still. other portions have been sold.-
Gov. Lowe, by letter, rclinquished the
title Of the State IN these lands, but quite
recently the Commissioner Of the General
Land Office has applied to me fora formal
deed Of conveyance at once caused the
remaining uns"ld portion of the lands TO
be withdrawn from market, and would at
once have rc-conveye them, but have Sc
rious doubts whether the Executive can.
without your authority, divest the State Of
/ title t" land which la, been once vested in
the State, whether by mistake or other,
wise.
! | recommend that authority be conferred
! to settle and adjust this matter on the
terms proposed by Gov. Lowe, and also
to re convey t" the United States any por-
ton of said excess Of lands yet remaining
unsnld.
J. The swamp land gran. is b ing slowly
adjusted with the general Land Office at
Washington City. BY the terms Of the
law makiMu this rrant. this State VIII be